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These Terms and Conditions constitute an Agreement between SearchByHeadlines.com (SBYH) a Nevada Corporation, and the poster of content and news (POSTER). We reserve the right to modify / delete your press releases. In addition, when submitting a release for distribution through SBYH for distribution you agree to the following for paying customers: If your news release is accepted, but your credit or debit card is rejected by our systems, we may terminate our agreement without incurring liability to you. Please read additional terms and conditions: 1. SBYH facilities are governed by Federal and State regulations. Services may be terminated from overdue accounts or for violations of policies. 2. POSTER is responsible for the content and accuracy of all news copy and other information submitted by it. SBYH cannot be responsible for verifying any facts contained therein. POSTER represents and warrants to SBYH that (i) it has the right to deliver to SBYH all information and copy submitted to it, (ii) it will comply with all applicable laws, rules and regulations, including, no information or copy submitted by POSTER 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, (iii) it will not post new releases/content that represents blatant advertising efforts. POSTER shall indemnify and hold harmless SBYH, its affiliated companies and its third party vendors, including distributors, 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 copy and other information provided by POSTER. 3. SBYH reserves the right, at its sole discretion, to remove any press release from its web site, pull any press release from distribution or deny approval to any press release. 4. SBYH endeavors to disseminate promptly and accurately all news and other information that it processes. Any inadvertent errors by SBYH will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of SBYH in this regard. 5. SBYH is not warranting or ensuring that SBYH's services will be free from errors, including omissions, interruptions, delays, losses or defects, whether human or mechanical. SBYH will do its best to correct errors and omissions as quickly as practicable after being notified of them. The liability of SBYH and its affiliates to POSTER shall be limited to the refund of the fees paid by POSTER and in no event will SBYH or its affiliates be liable for any indirect, consequential, special, exemplary or incidental damages. 6. All news releases and other information transmitted by SBYH must contain a POSTER-supplied contact name and phone number and source. The source gives legitimacy to the release by indicating who is responsible for the content and cannot be the name of an agency issuing news on behalf of POSTER. 7. SBYH agrees to post free news under one industry category and post upgraded news under three rotating headlines under multiple industry categories. 8. POSTER agrees to receive communications from SBYH concerning use of the Services and any new additional services or features. Poster also consents to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. 9.Nothing within any of the Products and Services shall be construed as conferring any license under any of SBYH's or any third party's intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the SBYH network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of SBYH and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by SBYH in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by SBYH, any of SBYH's affiliates, or any of SBYH's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the SBYH network of any purpose other than the purpose for which such Content is made available to POSTER by SBYH. You agree not to defame or disparage SBYH, the trademarks or service marks of SBYH, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the SBYH network. Information, services, methods and processes made available to the POSTER are the intellectual property of SBYH. You agree to use this service for its intended purpose and not for the illicit purposes including, but not limited to, the reverse engineering of the site and / or its processes and the inclusion of such processes or services in a derivative service. 10. You acknowledge and agree that you and SBYH are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. 11. Should Poster violate these Terms and Conditions or any other rights of SBYH and the SBYH network of sites, SBYH reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all POSTER accounts on any and all of the SBYH network web sites. 12. The POSTERS obligations shall be binding on the recipient's heirs, successors and assigns. 13. This Agreement shall be governed by and construed under the laws of Nevada 14. By its registration for service, submission of copy and/or other information to SBYH, POSTER agrees to be bound by the foregoing Conditions of Service. Report violations of these Terms and Conditions to: Joe Loeppky - jloeppky@searchbyheadlines.com
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