MosNewsWriter

Terms and Conditions

31 December 2009

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1. Your Acceptance

  1. By using and/or visiting this website (collectively, including all content and functionality available through the Pressgalaxy.com domain name, the "Pressgalaxy Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the Pressgalaxy Website.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Pressgalaxy may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Pressgalaxy Website

  1. These Terms of Service apply to all users of the Pressgalaxy Website, including users who are also contributors of articles, video content, information, and other materials or services on the Website. 
  2. The Pressgalaxy Website may contain links to third party websites that are not owned or controlled by Pressgalaxy. Pressgalaxy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pressgalaxy will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Pressgalaxy from any and all liability arising from your use of any third-party website.
  3. Accordingly, we encourage you to be aware when you leave the Pressgalaxy Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Pressgalaxy Accounts

  1. In order to access some features of the Website, you will have to create a Pressgalaxy account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Pressgalaxy immediately of any breach of security or unauthorized use of your account.
  2. Although Pressgalaxy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Pressgalaxy or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

Pressgalaxy hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  1. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Pressgalaxy's prior written authorization.
  2. You agree not to alter or modify any part of the Website.
  3. You agree not to access User Submissions (defined below) or Pressgalaxy Content through any technology or means.
  4. You agree not to use the Website, without the prior written authorization of Pressgalaxy. Prohibited commercial uses include any of the following actions taken without Pressgalaxy's express approval:
    • sale of access to the Website or its related services on another website;
    • use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising, on the Pressgalaxy website or any third-party website, targeted to the content of specific User Submissions or Pressgalaxy content;
    • and any use of the Website or its related services that Pressgalaxy finds, in its sole discretion, to use Pressgalaxy's resources or User Submissions with the effect of competing with or displacing the market for Pressgalaxy, Pressgalaxy content, or its User Submissions.
  5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Pressgalaxy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  6. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Pressgalaxy Community Guidelines, and all applicable local, national, and international laws and regulations.
  7. Pressgalaxy reserves the right to discontinue any aspect of the Pressgalaxy Website at any time.

5. Your User Submissions and Conduct

  1. As a Pressgalaxy account holder you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Pressgalaxy does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pressgalaxy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Pressgalaxy, you hereby grant Pressgalaxy a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Pressgalaxy Website and Pressgalaxy 's business, including without limitation for promoting and redistributing part or all of the Pressgalaxy Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Pressgalaxy Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the Pressgalaxy Website. You understand and agree, however, that Pressgalaxy may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pressgalaxy all of the license rights granted herein.
  5. Pressgalaxy does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pressgalaxy expressly disclaims any and all liability in connection with User Submissions. Pressgalaxy does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Pressgalaxy will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Pressgalaxy reserves the right to remove Content and User Submissions without prior notice.

6. Account Termination Policy

  1. Pressgalaxy will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. Pressgalaxy reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Pressgalaxy may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE PRESSGALAXY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRESSGALAXY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRESSGALAXY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRESSGALAXY WEBSITE. PRESSGALAXY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRESSGALAXY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRESSGALAXY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL PRESSGALAXY , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRESSGALAXY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PRESSGALAXY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity

You agree to defend, indemnify and hold harmless Pressgalaxy, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Pressgalaxy Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Pressgalaxy Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Pressgalaxy Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Pressgalaxy Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pressgalaxy without restriction.