RELEASEWIRE FOR NON-PROFITS SERVICES AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("USER") AND RELEASEWIRE, A SERVICE OF DRJ VENTURES LLC. ("RELEASEWIRE") STATING THE TERMS THAT GOVERN YOUR USE OF THE RELEASEWIRE FOR NON-PROFIT SERVICE. BY USING THE RELEASEWIRE FOR NON-PROFIT SERVICES YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND RELEASEWIRE MAY REFUSE ACCESS TO THE RELEASEWIRE FOR NON-PROFIT SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. USER REPRESENTATIONS AND WARRANTIES
USER agrees to adhere to all posted terms of services agreements and posted policies as updated from time to time by RELEASEWIRE, a current version which can be viewed at http://www.releasewire.com/tos.
USER represents and warrants to RELEASEWIRE as follows:
- USER is an authorized representative of a verifiable nonprofit organization.
- USER will provide proof to RELEASEWIRE of its organization's nonprofit status. This includes a copy of the organization's confirmation letter from the IRS of its 501(c) status, the organization's IRS EIN number and a copy of the organization's mission statement.
- USER will not use the RELEASEWIRE For Nonprofits service for any other purpose other than promoting USER's non-profit organization.
2. RELEASEWIRE FOR NON-PROFITS SERVICE
(a) Discounted Services: Upon acceptance and approval by RELEASEWIRE of USER into the RELEASEWIRE For Nonprofits program, RELEASEWIRE will provide USER with a 50% discount on all paid services offered by RELEASEWIRE.
(b) Third Party Services: RELEASEWIRE may, at its sole discretion, offer a discounted price on services sold by RELEASEWIRE, but fulfilled by a third party.
3. MARKETING & PUBLICITY
During the Term of this Agreement USER agrees to promote the RELEASEWIRE For Nonprofits service by:
(a) Joint Press Release: RELEASEWIRE may distribute a joint press release concerning USER's inclusion in the RELEASEWIRE For Non-Profits program. User will provide RELEASEWIRE with information necessary to complete the joint press release including but not limited to an organization description, contact information of the organization's press matters contact and the organization's logo to be attached to the press release.
(b) Press Release Link: RELEASEWIRE will append the following text to all USER press releases:
Press Release distribution provided by ReleaseWire – http://www.releasewire.com/
(c) Logo Usage: USER will provide upon request from RELEASEWIRE a web usable logo for USER's organization to be displayed on the RELEASEWIRE web site
4. TERM AND TERMINATION
(a) Term. This Agreement shall commence on the date USER agrees to this Agreement ("Effective Date") and will remain in full force and effect for an initial term of one (1) year ("Term"), unless earlier terminated pursuant to the terms of this Agreement. The Term shall automatically renew for successive one (1) year renewal terms ("Renewal Term") unless either party notifies the other in writing of its intention not to renew the Term at least thirty (30) days prior to the expiration of the then-current Term or Renewal Term.
(b) Termination. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other party.
(c) Effect of Termination. Upon Termination, RELEASEWIRE will no longer provide USER with access to the FREE SERVICES listed above. USER may choose to continue using these services on a standard paid basis. RELEASEWIRE reserves the right to remove previously distributed content submitted by USER from the RELEASEWIRE web site.
5. GRANT OF LICENSE
USER hereby grants RELEASEWIRE a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, and distribute content submitted to RELEASEWIRE. USER also grants RELEASEWIRE the right to use USER's name and logo for RELEASEWIRE's marketing efforts.
If in the event a claim, action or other legal proceeding is brought against RELEASEWIRE due to RELEASEWIRE's distribution of content submitted by USER, or due to any breach of this agreement by USER, including inaccuracy of any warranty or representation made by USER, USER shall indemnify, defend, and hold RELEASEWIRE, DRJ Ventures LLC, RELEASEWIRE's affiliates, employees harmless in connection with any and all costs, expenses losses and liabilities as a result of proceedings including but not limited to attorneys' fees, costs and expenses.
7. NO WARRANTIES BY RELEASEWIRE
EXCEPT AS STATED IN THIS AGREEMENT, RELEASEWIRE MAKES NO WARRANTY REGARDING SERVICES PROVIDED BY RELEASEWIRE OR RELEASEWIRE'S AFFILIATES. RELEASEWIRE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE AVAILABILITY AND ACCURACY OF CONTENT AND ANY WARRANTIES AGAINST NON-INFRINGEMENT.
8. LIMITATION OF LIABILITIES
Any liability of RELEASEWIRE, DRJ Ventures LLC, RELEASEWIRE's affiliates or employees, for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to a return of any amount paid by or on behalf of the User to RELEASEWIRE. IN NO EVENT SHALL RELEASEWIRE, RELEASEWIRE's AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA).
9. ENTIRE AGREEMENT; MODIFICATIONS; WAIVER
This Agreement constitutes the entire agreement between USER and RELEASEWIRE pertaining to the RELEASEWIRE for Nonprofits program and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of the Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed, in writing by the party making the waiver.
10. JURISDICTION, VENUE, AND CHOICE OF LAW
The parties agree that the exclusive location for purposes of Jurisdiction and Venue is a court of appropriate jurisdiction in the State of Wisconsin, County of Brown. In any such action, the parties agree that the law of the State of Wisconsin, County of Brown shall apply and shall govern the determination of the action.
ALL notices must be provided in writing, by email or by posting on RELEASEWIRE's website.