Effective as of November 14, 2008
A. Limitations on Scope of Use
Use of the Business Wire Site is limited to submission of news releases for distribution via Business Wire Connect, retrieving RSS feeds, and the reading of releases and marketing materials.
You agree not to use the Business Wire Site for any other purposes, including, without limitation, to store, aggregate, reproduce or distribute information available on the Site in any manner or to compete directly or indirectly with Business Wire; to interfere with or disrupt the operation of Site or the networks or servers connected to the Site in any manner; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; to harass or otherwise harm Business Wire or any other person or entity; or to engage in commercial activities of any kind without prior consent of Business Wire.
Any unauthorized use of the Business Wire Site may result in termination of all rights to use the Site and penalties to the full extent provided by law.
All submissions to Business Wire are governed by the terms and conditions set forth in the Business Wire Membership Application and Agreement (the "Membership Agreement") signed by you or an agent of your company. By submitting a press release for dissemination by Business Wire, you agree to be bound by the terms and conditions set forth in the Membership Agreement.
B. Disclaimer of Warranties
You agree that use of the Site is entirely at your own risk. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED AS IS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Business Wire does not make any representations or warranties that the Site or materials on the Site or products and services purchased at or through the Site will meet your requirements or expectations, or that the operation of the Site will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above exclusions may not apply to you.
C. Limitation of Liability
You agree that Business Wire will not be held liable for any improper or incorrect use of the Site or the materials on the Site and assumes no responsibility for any user's activities on the Site or for the inaccuracy of any content on the Site. In no event will Business Wire 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 Site or the materials on the Site or the inaccuracy of any content on the Site, 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 Site or materials on the Site. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you.
D. Disclaimer of Liability for Third Party Content and Links
You agree that Business Wire is not responsible and will not be held liable for any third party content on the Site or any third-party content, products or services available on other Web sites accessed through links from the Site. Links to third-party sites are for your convenience only, and their inclusion on the Business Wire Site does not imply any endorsement, guarantee, warranty or representation by Business Wire.
E. Proprietary Rights
The Business Wire Site and all materials on the Site, including, without limitation, "Business Wire" and all other trademarks and logos on the Site, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as specifically permitted in this Agreement, the Business Wire Membership Agreement or by express written consent of Business Wire, you may not use the Site or the material on the Site in any manner.
F. Governing Law and Venue
G. Rights Reserved / Change in Terms
Any rights not expressly granted herein are reserved. Business Wire reserves the right to make changes to these terms and conditions at any time and for any reason by posting a notice on the Site home page. All such changes will become effective 10 days after posting of such notice. Your continued use of the Site after the date such changes become effective will constitute your acceptance of the changes and your agreement to be legally bound by any modifications or amendments to these terms and conditions.