Terms of Service
By using the readmedia.com web sites (the "Service"), users agree to be bound by the following Terms of Service (the "Terms of Service").
A. Scope of Use. Your use of the Service may involve (1) the creation of news releases and other data and information designated for public distribution by readMedia, Inc. ("readMedia"), (2) registration for and use of offered products and services provided by readMedia, and (3) general browsing of the website. By creating or submitting a press release or other data and information for public dissemination by readMedia, you agree to be bound by these Terms of Service.
B. Public Information. The Service allows you to create, distribute and otherwise make information available to the public. Important and private information should be protected by you. You should only provide information to us that you intend to make public and that is authorized to be public. The only exception is email addresses and zip codes. readMedia will not disclose or otherwise make public email addresses or zip codes that you provide or upload to the Service except for those provided to readMedia as part of the public media content. You understand that readMedia is not responsible for and cannot be held liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
D. Content on readMedia. You are solely responsible for the information that you provide to readMedia and we cannot take responsibility for such information. readMedia disclaims all liability for any improper or incorrect use of the Service or the materials on the Service and assumes no responsibility for any user's activities on the Service or for the inaccuracy of any information on the Service.
E. Your Rights to Information on readMedia. You retain your rights to any information that you submit through the Services. By submitting information on or through the Services, you grant us a worldwide, irrevocable, perpetual, non-exclusive, assignable, fully paid up and royalty-free license (with the right to sublicense) to use, prepare derivative works of, improve, remove, retain, add, analyze, copy, commercialize, reproduce, process, adapt, modify, publish, transmit, display and distribute such information in any and all media or distribution methods (now known or later developed), without any further consent, notice and/or compensation to you or to any third parties. You agree that this license includes the right for readMedia to make the information that you provide available to other companies, organizations or individuals who partner with readMedia for the syndication, broadcast, distribution or publication of such information on other media and services, subject to these Terms of Service.
TIP: As a user of the Service, you retain your rights to any information that you submit. This license authorizes us to make this information available worldwide.
F. readMedia's Proprietary Rights. Certain elements and materials on the Service are protected by trade dress, copyright, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as specifically permitted in these Terms of Service or by express written consent of readMedia. None of the contents of the Service (including the software, communications, images, sounds, and all the material and information perceived or made available from the Service, whether provided by readMedia or by users of the Service (the "Content")) may be retransmitted without the express written consent from readMedia for each and every instance.
- (i) Trademarks. The trademarks, service marks, and logos of readMedia, including without limitation, "readMedia," used and displayed in connection with the Service are registered and unregistered trademarks or service marks of readMedia (the "readMedia Trademarks"). Nothing on this Service or in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any readMedia Trademark displayed in connection with this Service without the prior written consent of readMedia specific for each such use. The readMedia Trademarks may not be used to disparage readMedia, its products or services, in any manner (using commercially reasonable judgment) that may damage any goodwill in the readMedia Trademarks. All goodwill generated from use of any readMedia Trademark shall inure to readMedia's benefit.
- (ii) Copyrights. The Content is copyright protected as a collective work under the United States copyright laws and is protected by United States and foreign intellectual property laws. readMedia (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that readMedia or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Content posted on the readMedia Service, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such Content. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms of Service.
- (iii) The DMCA. readMedia respects the intellectual property of others and expects users of the readMedia Service to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), if you know of or suspect that any use of the readMedia Service or Services constitutes copyright infringement, please send a notice to readMedia at: Attn: readMedia Notice of Copyright Infringement, readMedia, Inc., 915 Broadway, Albany, NY 12207. The notice must contain the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf; (ii) description of the copyrighted work(s) that is/are allegedly being infringed; (iii) the location of the allegedly infringed work(s); (iv) your current contact information (e.g., address, phone number, and email address); (v) a statement that you have a "good faith belief" that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner's behalf.
G. Disclaimer of Warranties. Your use of the Service is entirely at your own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND THAT THE SERVICE AND THE MATERIALS ON THE SERVICE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. readMedia, its affiliates, their respective officers, directors, employees, agents, suppliers or licenses (collectively, the "readMedia Parties") make no warranty that the Service or materials on the Service will meet your requirements or expectations, or that the operation of the Service will be uninterrupted, timely, accurate, complete, reliable, secure or error-free.
H. Limitation of Liability. The liability of the readMedia Parties shall be limited to the greatest extent permitted by law. In no event will the readMedia Parties be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Service, the materials on the Service or the inaccuracy of any content on the Service, however caused, under any theory of liability. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Service or materials on the Service.
I. Disclaimer of Liability for Third Party Content and Links. You agree that readMedia is not responsible and will not be held liable for any third-party content on the Service or any third-party content, products or services available on other web sites accessed through links from the Service. Links to third-party sites are for your convenience only, and their inclusion on the Service does not imply any endorsement, guarantee, warranty or representation by readMedia. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any third-party sites, you do so at your own risk. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or any content located on such third-party sites.
J. Limitations on Your Scope of Use. You agree not to use the Service for any purpose other than as set forth in Section A above. Without limiting the foregoing, you agree that you shall not:
- (i) store, aggregate, reproduce or distribute information available on the Service in any manner or to compete directly or indirectly with readMedia;
- (ii) interfere with or disrupt the operation of the Service or the networks or servers connected to the Service in any manner;
- (iii) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity;
- (iv) upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful, libelous, abusive, obscene, discriminatory, offensive or objectionable;
- (v) harass or otherwise harm any other person or entity;
- (vi) engage in commercial activities of any kind without prior consent of readMedia;
- (vii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used to provide the Services, or any part thereof; or
- (viii) "scrape," "crawl," or "spider," any web pages or other services contained on the Service. readMedia may terminate all of your rights to use the Service, and may pursue legal action against you, including penalties to the full extent provided by law, for any unauthorized use of the Service.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any accounts or subscriptions that you may have established to access our Service. You acknowledge that readMedia is not required to provide you notice before terminating or suspending your Service, but it may choose to do so.
K. Rights Reserved / Change in Terms / Termination. Any rights not expressly granted herein are reserved. readMedia reserves the right to make changes to these Terms of Service at any time and for any reason by posting a notice on the Service. Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Service. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Service or Service and to cancel any accounts or subscriptions that you may have established to access our Services. Your continued use of the applicable Service after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update. readMedia reserves the right to deny, in its sole discretion, any user access to the readMedia Service without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
L. Payment/Refunds. You agree to pay the applicable fees for your subscription as the fees become due plus all related taxes, and to reimburse readMedia for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
- (i) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of the United States of America and the State of New York. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Albany County, New York, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Albany County, New York in all disputes arising out of or relating to the Service.
- (ii) Assignment. readMedia may assign these Terms of Service, in whole or in part, at any time.
- (iii) No conflicts. readMedia's performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of readMedia's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by readMedia with respect to such use.
- (iv) Indemnification of readMedia Parties. To the greatest extent permitted by law, you agree to defend, indemnify and hold the readMedia Parties, harmless from and against any claim, demand, or damage, including, without limitation, reasonable attorneys' and accounting fees, asserted by any third party due to or arising out of your use of or conduct on the readMedia Service, or any violation by you of these Terms of Service.
- (v) Severability. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in full force and effect.
- (viii) Enforcement. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. readMedia's failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.
- (ix) Waiver. The express waiver by readMedia of any provision, condition or requirement of these Terms of Service or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- (x) Force Majeure. Notwithstanding anything else in these Terms of Service or License Agreements, no default, delay or failure to perform on the part of readMedia shall be considered a breach of these Terms of Service if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of readMedia.
- (xi) Headings. The section headings are provided merely for convenience and shall not be given any legal import.
- (xii) Survival. Sections A (Scope of Use), Section B (Limitations on Scope of Use), C (Disclaimer of Warranties), D (Limitation of Liability), F (Proprietary Rights), G (Termination), and J (General) shall survive termination of this Agreement.
- (xiii) Notices. All notices given by you or required under these Terms of Service shall be in writing and addressed to: P.O. Box 1262, Albany, NY 12201, Attn: General Counsel. readMedia may give notice to you by means of a general notice on the readMedia Service or Services, electronic mail to your e-mail address on record in readMedia's Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in readMedia's Account information.