Terms and Conditions of Service
1. Member is responsible for the content and accuracy of all Member Content submitted to readMedia. Because of the volume of information and copy submitted to readMedia, readMedia cannot be responsible for verifying any facts contained therein. Member represents and warrants to readMedia that (i) it has the right to deliver to readMedia all Member Content submitted by it; (ii) it will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, including obtaining all required authorizations, from recipients in connection with distribution lists provided by Member and with respect to any data provided by Member concerning individuals, Member has received the consent of such individuals to such use and transfer; (iii) no Member Content submitted by Member will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and (iv) the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless readMedia, its affiliates and agents, and those licensed or otherwise authorized by readMedia to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content.
2. First usage must be paid in advance by credit card unless other prior arrangements are made. Payment terms thereafter are net due upon receipt, and charges become overdue after 30 days. If the account becomes delinquent, Company acknowledges and agrees that readMedia may demand payment of the balance owed in full, with accrued interest according to applicable laws and late charges. If Company’s banking institution does not honor any payment to readMedia due to insufficient funds, Company agrees to pay readMedia a processing fee equivalent to US $25.00 per incident.
In the event of a default on the balance owed, Company agrees to pay all costs of collection, including legal fees and costs, which are incurred by readMedia or its agents. In addition, Company acknowledges that any special considerations on pricing or service may be negated upon default of balance owed. In the event of litigation or arbitration to enforce the terms or conditions of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
3. readMedia reserves the right to reject or edit copy or other information, including distribution list choices, when necessary in its judgment, provided that no material substantive edits will be made without Member’s consent. Member grants to readMedia a royalty-free perpetual license and right to reproduce, distribute, translate, archive and create derivative works of the processed Member Content.
4. readMedia is not warranting or ensuring that readMedia’ services will be free from errors, including omissions, interruptions, delays or other timing errors, losses or defects, whether human or mechanical. readMedia endeavors to disseminate promptly and accurately all news and other information that it processes. Any errors by readMedia will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of readMedia in this regard. readMedia makes no warranties, express or implied, as to its services, including but not limited to any warranties of merchantability or suitability for print or broadcast. In no event will readMedia or its affiliates or agents be liable for any indirect, consequential, special, exemplary or incidental damages regardless of the form of action, damages, claim, liability, cost or expense whether in contract, statute, tort (including, without limitation, negligence) or otherwise. readMedia shall not be liable for any delay or non-performance arising from any cause beyond its reasonable control, including, without limitation, acts of God, Internet and telephonic routing or hub failures, governmental acts, war, fire, terrorism, civil commotion or industrial disputes.
5. All news releases and other information transmitted by readMedia must contain a Member-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the news release by indicating who is responsible for the content and should be in addition to the name of any agency issuing news on behalf of Member.
6. This Conditions of Service shall be governed and construed in accordance with the laws of the State of New York. If any provision of this Conditions of Service is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Any dispute arising under or related in any way to this Conditions of Service shall be adjudicated in a court of competent jurisdiction in the County of Albany.
7. In the event of a change in these Membership Terms and Conditions, readMedia shall provide written notice and allow Company 30 days to respond before the change takes effect. Rejection of new Terms and Conditions must be conveyed to readMedia in writing. Company’s failure to respond in writing and/or its continued use of readMedia services after the 30-day notice period has expired shall constitute its acceptance of and agreement to such changes.
8. By its submission of copy and/or other information to readMedia, Member agrees to be bound by these Conditions of Service. Member represents and warrants that the undersigned has full right, power and authority to execute this Conditions of Service.