A. LICENSE, ACKNOWLEDGEMENTS AND WARRANTIES: A registered PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC member(“Company”) submitting material to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC for distribution grants PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC products and services (and the promotion of same).
Company warrants and represents that the content of all materials submitted to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC will be accurate and original; that Company owns or is an authorized licensee in the material provided to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC for distribution; that the material will not violate or infringe upon any copyright, trademark, or other intellectual property, proprietary, personal, privacy, or other rights worldwide of other persons; that the material does not contain anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all applicable laws and regulations. Company further warrants and represents that all recipients included on any distribution list provided by Company to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC have expressly consented to receive advertising and/or promotional email messages from Company.
Publish LLC reserves the right to refuse copy deemed inappropriate or not properly sourced. Membership may be revoked for violation of these Terms and Conditions (the “Terms & Conditions”). PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC reserves the right to change prices and product/coverage specifications without notice. Company understands and agrees that material submitted via use of PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC services are subject to the Terms of Use.
PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC reserves the right to charge the Company of the equivalent service fees for any canceled services that were confirmed by the Company in writing and were already initialized or rendered by Publsh.
PUBLISH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC has a “No Refund Policy”; however, any remaining credit shall not be forfeited but remain in the Company’s account for use within a period of 90 days, after which such credit will be considered expired.
B. PAYMENT TERMS: Payment is due upfront upon receipt of invoice.
C. TERM Term of membership is two years from date of application with automatic no-cost renewal for as long as Company continues to use PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC services, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of membership. D. INDEMNITY AND LIMITATION OF LIABILITY Company will indemnify and hold harmless PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties in the Membership Agreement, including these Terms and Conditions.
PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC SHALL NOT BE LIABLE TO COMPANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF PUBLSH MARKETING &COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC BE LIABLE TO COMPANY FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY COMPANY TO PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT.
E. FORCE MAJEURE If PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC shall not be liable for any resulting failure to provide services hereunder. F. ENTIRE AGREEMENT, SEVERABILITY, SUCCESSORS AND ASSIGNS The Membership Agreement, including these Terms and Conditions, constitutes the entire agreement between the parties, supersedes any prior agreements whether oral or in writing, and shall bind and insure to the benefit of the parties and their successors and assigns. If any provision of the Membership Agreement, including these Terms and Conditions, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
G. GOVERNING LAW, VENUE AND ATTORNEY’S FEES The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Dubai. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of UAE. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees. H. CHANGE IN TERMS In the event of a change in these Terms and Conditions, PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC shall provide written notice and allow Company 30 days to respond before the change takes effect. Rejection of new Terms and Conditions must be conveyed to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC in writing. Company’s failure to respond in writing and/or its continued use of PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC services after the 30-day notice period has expired shall constitute its acceptance of and agreement to such changes.
I. USE You bear the responsibility for the accuracy and content of all news copy and information submitted to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC or entered into the Service. While we may review or edit, the ultimate responsibility for information accuracy lies with you. PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC reserves the right to reject or edit Submitted Materials, with substantive edits requiring your consent. PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC may also remove any press release from its website, distribution, or deny approval to any press release. PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC aims for prompt and accurate dissemination of Submitted Materials. Any inadvertent errors will be corrected promptly without additional charge, which constitutes PUBLSH's sole liability in this matter. All Submitted Materials transmitted must include a user-supplied contact name, phone number, and email address for verification purpose. The Service is intended for lawful purposes only. Unauthorized access to PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC systems is prohibited. J. SUSPENSION PUBLSH MARKETING & COMMUNICATIONS PUBLIC RELATIONS MANAGEMENT LLC may suspend or terminate your account at its discretion, particularly in cases of delinquency or breach of terms, including copyright infringement.
