Term & Conditions
1. 1. General:
1.1 The terms and conditions contained in this document are the terms and conditions upon which all services and materials shall be provided by WhatNews2day Limited (WhatNews2day) and the client (“the Client”) or at the Client’s direction to third parties.
1.2 By agreeing to the terms and conditions of this Agreement, you (the "Client”) become a client of WhatNews2day Limited (UK Company Registration Number 5920605), and agree to be bound by this Agreement (the "Agreement"). This Agreement is subject to change by WhatNews2day at any time, and such changes are effective upon posting of the change herein.
2. Service Fee: The client is solely responsible for paying the designated fee for each Press Release (the "Release") submitted.
3. Client representation and Warranties: The client is solely responsible for the accuracy and authenticity of the content of each Release submitted to WhatNews2day for distribution. The client represents and warrants to, as follows: a. That client is authorised to submit the Release to WhatNews2day for distribution; b. That the content of the Release is factually and legally accurate at the time of distribution. c. That the publication of the material in the Release does not violate any state, federal, statutory or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, confidentiality rights or other proprietary rights of any third party, d. Client will be solely responsible for the development, operation, and preparation of the Release and for all materials that appear therein; e. That the Release does not contain any information which is defamatory, libellous or otherwise illegal; and f. client has independently evaluated the desirability of utilising WhatNews2day Release services and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
4. Client’s Indemnification and Obligations: In the event that any third party brings any claim, action, arbitration, or other proceeding against WhatNews2day (collectively, "legal proceeding"), arising from the distribution or publication of any Release provided by client to WhatNews2day for distribution or publication, or from any breach of this Agreement, including but not limited to the inaccuracy of any warranty or representation made by Client herein, Client shall indemnify, defend, and hold WhatNews2day and employees harmless in connection with any and all costs, expenses, losses and liabilities as a result of any proceeding including, but not limited to, legal representation fees, expert witness fees, costs, and expenses.
5.Reservation of the Right to Reject Release: WhatNews2day reserves the right to reject Client’s Release if WhatNews2day determines, in its sole discretion, that the Release is unsuitable for distribution. Unsuitable releases may include, but are not limited to, those Releases that promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or otherwise violate intellectual property or other rights. If WhatNews2day rejects Client’s Release, Client is welcome to resubmit an alternative Release at any time.
6. No Warranties or Representation by WhatNews2day: No warranty is made by WhatNews2day regarding any services or products provided by or through WhatNews2day. WhatNews2day hereby expressly disclaims any and all warranties, including without limitation: 1) Any warranties as to the availability, accuracy, or content of information, products, or services; 2) Any warranties of merchantability or fitness for a particular purpose; 3) Any warranties against non-infringement; 4) Any other implied warranties arising from an alleged course of dealing or of performance.
7.Limitation of WhatNews2day’s Liabilities: Any liability of WhatNews2day or employees, for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of records, whether for breach of contract, tortuous, delictuous behaviour, negligence, or under any other cause or action, shall be strictly limited to a return of any amount paid by or on behalf of the Client to WhatNews2day in connection with the Release or Releases out of which the claim by Client arises. In no event shall WhatNews2day or employees be liable for any special, indirect, incidental or consequential damages (including, but not limited to, any loss of revenue, lost profits, or data).
8. Notices: Notices by WhatNews2day to Clients may be given by means of posting on the website http://www.whatnews2day.com or by e-mail.
9. Questions: All questions regarding WhatNews2day payments or the Release should be sent by e-mail to: releases@whatnews2day.com.
10. Entire Agreement: This Agreement contains the entire agreement between the Client and WhatNews2day regarding the use of WhatNews2day, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by WhatNews2day to Clients. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations.
11. Jurisdiction, Venue and Choice of Law: The parties agree that the exclusive location for purposes of Jurisdiction and Venue is a court of appropriate jurisdiction in the United Kingdom. In any such action, the parties agree that the law of the United Kingdom shall apply and shall govern the determination of the action.
12. Legal Fees: If WhatNews2day brings an action to collect any sums due pursuant to this Agreement, WhatNews2day shall be entitled to recover its reasonable solicitor/attorneys' fees, expert witness fees, and costs. If you agree with the above Terms of Service, please continue submitting your order.
