PressDemand Terms of Service
These terms and conditions (the “Terms of Service”) govern your use, in any manner, including viewing content, of PressDemand, LLC’s (“PressDemand” or “us”, also referred to herein as PressDemand.com, or Press Demand) PressDemand.com web site. The Service is owned and operated by PressDemand, LLC located at 8805 Tamiami Trail N. Suite 183 Naples, FL 34108.
PressDemand.com is the web site for the use of the members of Press Demand, a network designed to facilitate the flow of information sought by media sources from content creators (the “Service”). There are two types of memberships in Press Demand: (1) Subscribing Members and (2) Media Members. The scope of your access to the site is dependent upon the type of membership you have. Pre-approval, as determined by Press Demand in its sole discretion, is required.
The two (2) types of memberships are further defined as follows:
SUBSCRIBING MEMBER: A Subscribing Member is defined as a subscriber to Press Demand that is allowed to submit pitches (“Pitch”) to the Media Members for as long as the person is subscribed to Press Demand. Please note that Press Demand and Press Demand’s Moderators reserve the right, in its sole discretion, to reject or deny any submitted pitches. There is a moderator that reviews all pitches before it is seen by the Media Member and reviews all pitches for misuse of platform, poor grammar, relevancy of pitch, and content quality of the pitch.
MEDIA MEMBER: A Media Member is defined as an approved and verified media source (blog, magazine, podcast, newspaper, TV station, radio station, etc.) that is looking for stories by topic. You are a person or entity, or represent a person or entity, which may be able to provide information in response to a Pitch. To become a Media Member, you must complete and return the Media Member application.
2. Trademark and Copyright Protection; Patent Pending
We claim no intellectual property rights over the material you provide to Press Demand via the Service. Any data you upload whose copyright is your own, remains yours.
3. Activation and Use
3.1 Access to PressDemand.com
In order to access the PressDemand.com web site or post a Pitch, you must be a member of Press Demand. Subscribing Members log onto the Subscriber Home Page and post a Pitch.
Media Members access the service by registering and receiving approval from PressDemand. Upon registering, Media Members will receive email listings from Press Demand of Pitches submitted by Subscribing Members. If a Media Member has relevant information which he or she believes, in good faith, can assist the Subscribing Member with regard to the specific Pitch, then the Media Member may provide that information in response. The Media Member may not respond if the information is not in specific response to the Pitch and the Media Member may not utilize any information contained within the Pitch for any other purpose.
3.2. Impermissible Uses. You understand that you may not:
Modify, adapt or hack the Service or modify another website so as to falsely claim or imply that it is associated with the Service, PressDemand.com, Press Demand, PressDemand, LLC or any other Press Demand service;
Reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation, the contents of the Press Demand email or similar notification, and the contents of the web pages of the Service, use the Service or access the Service without the express written permission of PressDemand, LLC;
Verbally, physically, or otherwise abuse (including threats of abuse or retribution) any Press Demand member or Press Demand employee, agent or officer;
Upload, post, host, or transmit unsolicited email, SMSs, or spam messages;
Transmit worms or viruses or any code of a destructive nature;
As a Media Member, utilize the information provided in a Pitch other than to provide a relevant response to a Specific Pitch posted by a Journalist Member;
Violate the Rules Of Press Demand set forth in section 3.2, above;
Violate any applicable federal, state or local laws or regulations; or,
Plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights of privacy, publicity or “moral rights”.
Are solely responsible for your interactions with other members. As a Media Member you will only contact the Subscribing Members with relevant responses to specific Pitches. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members;
Are solely responsible for the content or information you transmit to other members.
Agree that Press Demand has no responsibility or liability for the deletion, corruption or failure to post, store and/or forward any messages or other content (and/or to do so in a timely manner), including without limitation Pitch materials maintained or transmitted by the Service.
3.3. Representations and Warranties. You represent and warrant that you will not use the Service for any illegal or unauthorized purpose. If you submit materials as a Subscribing Member or register as a Media Member, you represent and warrant that you:
Are a current Media Member or Subscribing Member of the Service and meet the qualifications of same as defined in Section 1 hereof;
Are at least 18 years of age;
Are human (accounts accessed by “bots,” spiders, or other automated methods are not permitted);
Will use the Service in a manner consistent with any and all applicable laws and regulations.
Will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service.
Will not transmit any chain letters or junk email to other members.
Will not post on the Service, or transmit to other members or to Us or our employees, officers, directors and agents, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including but not limited to, intellectual property rights, trade secrets, and rights of privacy and publicity) or is subject to an enforceable privilege (including, without limitation, attorney-client or trade secret privileged material); and,
In connection with any content provided by you to Press Demand or its affiliates via the web site (“User Content”), you warrant and represent to Press Demand that you have all rights, title and interests necessary to provide such User Content to Press Demand, and that your provision of the User Content to Press Demand shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
3.4. Monitoring and Enforcement. Press Demand has the right to monitor activity and content associated with the Service and there are Moderators that will actively monitor the Pitches sent by the Subscribing Members. Although we do have the ability to actively monitor content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Service, you may be exposed to content that does not meet the Media Member’s standards. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
3.5. Member Responsibilities. You agree that you:
Are responsible for maintaining the confidentiality of your login and membership account and your use of the Service, and are fully responsible for all activities that occur, and content posted, under your account with or without your knowledge;
Will not share your login with anyone else;
Will not share any confidential or privileged information received from the Service with any third parties;
Will not use information received from the Service, such as member contact information, to help vendors pitch clients or, if a Media Member, to contact Subscribing Members based upon the information obtained from the Service for any reason other than to specifically respond with relevant information to Pitches;
Will not falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; and,
Will not upload, post, email, transmit or otherwise make available any content or initiate communications, which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
While PressDemand.com maintains backups of its servers, it cannot warrant or represent that such backups will provide full or partial coverage of the Pitches. Accordingly, you must maintain backups of any Pitches.
5. Grant of Access; Additional Terms of Service
5.1. You are granted a nonexclusive, non-concurrent, nontransferable, limited right to access the Service. Your responsibility extends to all activity and use under any member account information (e.g., email) that you use. You may use the Service functionality only via PressDemand.com and you may not download, copy, reuse or distribute that functionality.
5.2. Press Demand reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. If we determine that you are not in compliance with this Agreement, Press Demand reserves the right to take appropriate action including, but not limited to, suspension or cancellation of your account.
5.3. You may not copy, modify, reproduce, retransmit or otherwise utilize the Press Demand content in any other fashion or for any other purpose without the express written permission of the content’s owner. You may only link to the web site for the purpose of directing other users to the site, and must remove any link to the site immediately upon request from Press Demand.
5.4. You agree to immediately notify Press Demand of any unauthorized use of the Service or any other breach of security. Press Demand cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
6. Warranties; Limitation of Liability
6.1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You understand that Press Demand may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.
6.2. Press Demand does not warrant that (i) the Service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this Service will meet your expectations; (v) that all Pitches submitted by Subscribing Members will be posted and/or be posted in a timely manner; (vi) that all responses to Pitches posted anonymously will be timely and fully forwarded to the Subscribing Member; and, (vii) any errors in the Service will be corrected.
6.3. Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. Press Demand disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. Press Demand disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
6.4. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
6.5. THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. PRESS DEMAND, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. PRESS DEMAND, ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE OR THE INFORMATION AVAILABLE THROUGH THE SERVICE. PRESS DEMAND DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
6.6. To the extent permitted by law, Press Demand’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to $50. In no event shall Press Demand have any liability to YOU for any claims or demands of third parties OR ANY lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if advised of the possibility of such damages. NEITHER PRESS DEMAND, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL PRESS DEMAND, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION.
6.7. Press Demand shall also have no responsibility or liability for any content created or posted by you or other third parties, as either a Subscribing Member or a Media Member.
Press Demand may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any term or condition herein, then, in addition to any of its other rights or remedies, Press Demand reserves the right to suspend your access to the Service, without liability to you. Further, Press Demand reserves the right to publicize the identity of any misuser of Press Demand to all users of the Service.
You agree to defend, indemnify, and hold harmless Press Demand, its employees, officers, directors, affiliates, contractors, attorneys, third party vendors and agents (“Indemnitees”) against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur in connection with (i) your use of the Service or any hyperlinked web site; (ii) a violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through the Service, (iv) your use of the Service, (v) your connection to the Service; or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.
We may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; or (2) protect the rights, property, personal safety or interests of any of the Council members, Press Demand and/or its employees, officers, directors, contractors, attorneys and agents, its customers, or the public.
As a Subscriber or Media Member, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on or through the Service and/or as a result of a posting on PressDemand.com. By posting your content on the Service, or responding to a posting on the Service, you grant us a license to copy, distribute, modify and publicly display content that you post on the Service. The purpose of this license is to serve the mechanical and electronic requirements of maintaining the website and its associated syndication technologies. This license does not extend to any use outside of this scope. This license is granted and in force as long as the content exists on the site. Your use of the Service is in consideration for this license, we will not otherwise pay you for User Content. You represent and warrant that you have not granted and will not grant any rights inconsistent with this license.
12. Proprietary Rights
Press Demand owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to User Content.
13. International Use
You agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical and personal data exported from the United States or the country in which you reside.
14. Fees and Payments
14.1. You shall pay any fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable.
14.2. Charges, if applicable, for access to the Service are billed in advance on a monthly basis and you authorize Press Demand to charge the credit card on file for each monthly payment. There will be no refunds or credits for partial months of use of the Service or for upgrades/downgrades. You must provide Press Demand with valid credit card information to use certain functionality of the Service and you represent that you are the cardholder of the credit card used for payment and are authorized to provide this authorization. Press Demand reserves the right to modify its fees and charges and to introduce new charges at any time. For any upgrade or downgrade in service level, your credit card will automatically be charged the new rate on your next billing cycle. If you miss a payment, Press Demand may notify you by phone or mail, but has no obligation to do so. An invalid credit card or failure to remit payment in no way relieves you of payment for the Service.
14.3. If you cancel the Service before the end of your current paid month, your cancellation will take effect at the end of your current monthly billing period at which time your access will be terminated.
14.4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Press Demand’s income. You agree that we may add such charges to your credit card for payment as part of your monthly account fees. If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: [email protected]
14.5. You agree to provide Press Demand with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Press Demand reserves the right to terminate your access to the Service in addition to any other legal remedies.
14.6. Unless otherwise agreed to by Press Demand, amounts will be billed in U.S. dollars.
15. E-mail and Public Communications
“Communications” means letters, e-mails, postings, responses to postings, or other types of communications to the editors, Webmaster(s) or employees of Press Demand, and messages posted in connection with discussions on the web site including the response to Pitches. You shall not upload to, distribute through, or otherwise publish through a forum on the web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, privileged, trade secret, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services, except with regards to the provision of relevant information in response to a specific Pitch.
By uploading materials in response to any Pitch through the Service, or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed.
16.1. This Agreement shall be governed by and construed under the laws of Florida exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Florida, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
16.2. The failure of Press Demand to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Press Demand. All rights not expressly granted to you herein are reserved by PressDemand, LLC.
16.3. You acknowledge and agree that you and Press Demand are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to enter into agreements of any kind on behalf of the other, nor shall either party be considered the agent of the other party.
16.4. You consent to receive communications from Press Demand concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to any postal address you provided in connection with your account. You may change the email or postal address to which Press Demand sends communications by notifying Press Demand in writing (which may be by e-mail). Notices provided to you via email will be deemed given and received on the transmission date. Official correspondence to Press Demand must be sent via email at [email protected] or postal mail to:
8805 Tamiami Trail N. Suite 183
Naples, FL 34108
16.5. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
16.6. These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of the Service. These Terms of Service supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter including, but not limited to, prior versions of the Terms of Service. Press Demand reserves the right to modify these Terms of Service or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. We may change or discontinue any part of this Service, without notice, at any time, at our sole discretion.