Table Of Contents
- Client Representations & Warranties
- Prohibited Media
- Fair Usage Policy
- Your Payment
- Hours Of Operation
- PostFreePR Service (Free Press Release Distribution)
- NO WARRANTIES BY OFFICIALWIRE
- OfficialWire Network
- LIMITATION OF LIABILITY
- Entire Agreement
- Effect Of Delivery Of Notices By Facsimile Or Electronic Mail
- Revision Date
Terms Of Service
OfficialWire ® is owned and operated by Key Web Consulting LLC. OfficialWire is a U.S. Registered Trademark, No. 2964075. OfficialWire is registered with the U.S. Library of Congress, ISSN: 1550-1531 and is protected by U.S. Copyright, No. 1-289744341.
- “OfficialWire” and or “OfficialWire.com” or any other variation of “Official Wire” including OfficialWire.tv, OfficialWire.co.uk, etc. means OfficialWire.
- “Client” means the party utilising OfficialWire’s news and press release distribution services.
- “Agreement” means this Terms Of Service Agreement between the Client and OfficialWire.
- “Content” and “Client Content” mean all information and materials submitted by Client to OfficialWire.
- “Service” or “Services” means the services provided to Client by OfficialWire including, but not limited to, press/news release distribution, news notifications and advertising services.
- “Partner” or “Partners” means any third party that has a joint venture or marketing relationship with OfficialWire.
The Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to OfficialWire. Client represents and warrants to OfficialWire, as follows:
- That Client has the right and is authorised to submit the Content to OfficialWire for distribution, broadcasting and/or filing, in English (only);
- That the Content is true and accurate;
- That the Client is not impersonating any person or entity or misrepresenting Client’s affiliation with any person or entity;
- That the distribution, broadcasting and/or filing of the Content does not violate the European, state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;
- That the Content does not contain any information which is libelous or otherwise illegal;
- That Client will not misuse the Service or misappropriate the Content to compete directly or indirectly with OfficialWire or to engage in derivative commercial activities without OfficialWire’s prior written consent (including, but not limited to the placement of Google or other online advertisements within the HTML code of articles or press releases—hidden or otherwise—which for the avoidance of doubt is not permitted under any circumstances); and
- That Client has investigated the desirability of utilising OfficialWire’s services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms Of Service.
OfficialWire reserves the right to decline to accept for publication and/or to remove from publication any media that, at its sole discretion, it determines to be objectionable and/or in violation with the spirit of the service, including but not limited to:
- Any Pornographic Media
- Live Video Media
- Live Satellite Media
- iPhone or other mobile/cell phone Unlocking/Cloning
- File Sharing/Music Downloading
Repeated attempts by client to publish any of the above will result in account closure.
OfficialWire will not actively promote any cigarettes, cigars and or any other tobacco products including electronic cigarettes. Media promoting these products is accepted on the condition that OfficialWire will not offer this media network-wide exposure. Top
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, “legal proceeding”) against OfficialWire, its partners, officers, directors, shareholders, agents, employees or other representatives of OfficialWire, or against any third party who broadcasts, displays or distributes the Content with the permission of
OfficialWire, or against any third party who provides advertising for OfficialWire, or against any other third party who otherwise uses the Content with OfficialWire’s permission (collectively hereinafter referred to as “the Indemnities”), or against any Partner, arising from the distribution, broadcast, filing or display of any Content provided by Client to OfficialWire or, from any breach by Client of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Client herein, or, based upon the contention that the Content defames or slanders any third party or, based upon the contention that the Content violates any provision of state or federal law or the intellectual property rights of any third party, Client shall indemnify, defend, and hold the Indemnities harmless in connection with the claims made in the legal proceeding. Included in Client’s obligation to indemnify, defend, and hold the Indemnities harmless is the obligation to pay all attorneys’ fees, expert witness fees, costs, and
expenses incurred or to be incurred by the Indemnities in connection with the defense of the legal proceeding (even if the legal proceeding is without merit). Top
Client hereby grants OfficialWire a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, distribute and, if appropriate, translate the Content submitted. Client also grants OfficialWire the right to mention Client’s
name in OfficialWire’s marketing collateral, unless Client requests in writing that OfficialWire refrain from such mentions. Top
OfficialWire maintains a set of policies governing the allowable usage of its Services. A copy of these policies are sent to new Clients and are available to all Clients on their Account Management page, which is the first page displayed after logging in to the OfficialWire website. The Client agrees to adhere to these policies, as amended from time to time, as a necessary condition for using OfficialWire’s Services. Top
Prices for OfficialWire’s Services may change from time to time. Currently, OfficialWire offers unlimited access for one low monthly cost, subject to OfficialWire’s “Fair Usage Policy”. This means Client can:
- Publish an unlimited number of news (press) releases
The current subscription cost is as follows:
- Monthly subscription – $59.99
- Quarterly subscription – $161.97 (save 10%)
- Annual subscription – $611.89 (save 15%)
- OfficialWire does not issue invoices; Your proof of payment will be provided by Google CheckOut.
- By default Client’s plan is $39.99 for each press release or news item.
- Clients can upgrade their subscription at any time.
- Media will be published and live throughout the OfficialWire Network during the paid subscription period, unless Client choses the default payment plan (option).
- Monthly, quarterly or annual subscribers are able to publish or post an unlimited number of press releases and or news items, subject to OfficialWire’s Fair Usage Policy.
- Client may cancel their subscription anytime. There is no minimum contract period, apart from the current billing period. To cancel, Client must login to Google CheckOut and click the “cancel subscription” link associated with the original order.
- Clients who intend to re-publish and or re-distribute their client’s press releases and or corporate announcements must subscribe to OfficialWire’s annual subscription payment method.
- NO REFUND WILL BE OFFERED UNDER ANY CIRCUMSTANCES.
- VAT will be added at the prevailing rate if you are located in the European Union.
All submissions are included within the unlimited subscription plan, subject to a fair usage limit of 100 total submissions per 24 hour period (e.g. press releases, news and or opinion pieces). Once this limit has been exceeded OfficialWire shall be entitled to charge $1.50 per press release and or other submission thereafter. Clients who anticipate exceeding this limit on a regular basis should contact OfficialWire (via Ticket System) for higher volume pricing. Top
Clients must purchase Services by credit/debit card via the Google CheckOut system used by OfficialWire. OfficialWire does not accept check/cheque, bank payments, PayPal or any other method of payment. OfficialWire does not issue invoices. Client’s invoice and proof of payment will be sent by Google CheckOut, by email. Top
OfficialWire is open Monday-Saturday, 9am-8pm, Closed Sunday. Media posted outside these hours will be processed upon opening the next business day. Top
OfficialWire also offers a limited free press release distribution service in association with PostFreePR.com. Clients may publish any number of press releases (news articles are not permitted), subject to OfficialWire’s Fair Usage Policy, through the OfficialWire website, without charge, each of which will be distributed and published on PostFreePR.com. This free service is intended to allow Client to experience the OfficialWire service, without charge—it is not intended to compare with or be equal to the OfficialWire service and should be considered limited in terms of overall exposure and distribution reach. Clients may, at any time, convert any or all of their free press release(s) into paid press release(s) by (1) paying the default one-off fee (per press release) or (2) subscribing to OfficialWire (paying either the regular monthly, quarterly or annual subscription amount). On payment of the appropriate charge, Client’s media will be re-distributed via the OfficialWire Network.
EXCEPT AS STATED IN THIS AGREEMENT, OFFICIALWIRE OR PARTNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND NO PROMISE OR REPRESENTATION HAS BEEN MADE BY OFFICIALWIRE OR PARTNER REGARDING ANY SERVICES TO BE PROVIDED BY OR THROUGH OFFICIALWIRE OR PARTNER. Top
All press releases published by OfficialWire are simultaneously posted to the entire OfficialWire Network of websites, including: LuvPR, 3105PR, NooZyr, Kaith, PRBust, BossPR, 3rdrPR, GridPR, PRCell, PRMadd, PRTrap, PRChum and many others. OfficialWire guarantees to distribute client’s content to all of its member Journalists, subject to their individual subscription criterion.
While many thousands of ISP, News Providers, Blogging sites, Social Network, including @OfficialWire,@OfficialSpin, @MrPressRelease, etc., and Social Media Outlets index, compile and re-publish OfficialWire’s content, OfficialWire makes no guarantee of distribution of client’s content, except that it will be published on OfficialWire and throughout the OfficialWire Network of sites and that it will be made available for distribution to any legitimate media network that wishes to re-publish such content subject to their guidelines. Top
OFFICIALWIRE’S AND PARTNER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO OFFICIALWIRE IN CONNECTION WITH THE SERVICES OUT OF WHICH THE CLAIM BY CLIENT ARISES.
OfficialWire shall not be liable for indirect, incidental,
consequential, special or exemplary damages (even if OfficialWire has been advised of the possibility of such damages and including such damages as might be incurred by third parties), arising from performance under, or failure of performance under, any provision of this Agreement,
such as, but not limited to, loss of revenue, change in share price, loss of anticipated profits or lost business.
This limitation of liability applies to any damages, including without limitation those caused by any failure or 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, tortuous conduct, acts or omissions, negligence, or under any other claim or cause of action. Top
At OfficialWire’s sole discretion, notices by OfficialWire to Clients regarding matters pertaining to this Agreement and/or the performance of this Agreement may be given by means of posting on the OfficialWire website “officialwire.com” or by email to the Client. Top
This Agreement, together with the Policies referenced in (Policies) and the Sales Contract (if any) referenced in (Prices) constitute the entire agreement between Client and OfficialWire regarding the Services provided and/or to be provided by OfficialWire. This Agreement replaces
any and all prior written and oral understandings and writings. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. Top
Any lawsuit filed by either party to enforce or construe any right granted under this Agreement or to assert any claim arising from the Services provided by OfficialWire to Client shall be filed exclusively in the county of Maricopa, in the U.S. State of Arizona. In connection with any such action, Client agrees to submit to the exclusive jurisdiction of the courts located within the county of Maricopa, in the U.S. State of Arizona to resolve any legal matter arising from the Terms. Top
The parties agree that the parties shall treat any document sent to the other by facsimile or by electronic mail as if the document were an original delivered to the recipient by hand delivery. Top