Our Terms & Conditions
These Submission Terms and Conditions (“Rules”) apply to the Social Media Wire (SMWIRE) press release distribution (the “submission”). If you send us a submission you agree to be bound by these Rules. These rules may change at any time and are void where prohibited by law.
ONLY SEND PRESS RELEASE SUBMISSIONS IF YOU ARE EIGHTEEN OR OVER.
You acknowledge receipt of good and valuable consideration for your Submission), including, but not limited to, consideration of your Submission for, and the possibility of, inclusion of your Submission in the Posting and publicity regarding your Submission.
Use of your Submissions: We do not guarantee that your Submission will appear in all network pages mentioned or represented. By providing a Submission, you grant SMWIRE, their respective licensees, successors and assigns a worldwide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable license to use, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, perform, and display your Submission (in whole or in part) in the Distribution, in any other program, or in any advertising, promotion and publicity, in any form, in any and all media now known or hereinafter devised, throughout the world, in perpetuity. SMWIRE may, in its sole discretion, post or mention your first name, last name, city and/or state, in connection with use of your Submission, without additional credit, compensation, notification, permission or approval.
- Press Release Submissions MUST:be original and truthful.
- Press Release Submissions MUST NOT:
Contain any obscene, offensive, libelous, defamatory, tortuous, derogatory, unlawful or otherwise inappropriate material
contain any confidential information or information that could identify any third party;
infringe any rights of any third party, including, but not limited to, copyright, trademark, privacy and publicity rights, or violate any law or regulation
You are solely and entirely responsible for all Press Release Submissions that you submit and the consequences of their submission. You are liable for any injury or damages caused or claimed to be caused by your Press Release Submission, and you agree to indemnify, release and hold harmless SMWIRE, and each of their respective parents, subsidiaries, affiliates, successors, licensees and assigns, and their officers, directors, agents, equity holders and employees (“Released Parties”) from any and all claims, actions, damages, losses, liabilities, costs, expenses (including, without limitation, attorneys’ fees), injuries or causes of action whatsoever that in any way are caused by, arise out of or result from, your creation and submission of the Press Release Submission, the inclusion of the Press Release Submission in the Posting, the exhibition of the Posting, or the use of your Submission or any works derived from your Submission by the Released Parties, on any legal theory whatsoever, including without limitation, claims for copyright, invasion of privacy and defamation.
Disputes: THESE RULES, AND SUBMISSION OF YOUR PRESS RELEASE SUBMISSION, ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN AUSTIN, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF TRAVIS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.