WELCOME TO PRESSDESK
By signing up and logging in to PressDesk.co it means you agree to the following PressDesk Private Beta Participation Agreement, Terms and Conditions (“Agreement”). The Agreement describes your rights, and our rights, relating to the testing of and the operation of PressDesk’s Private Beta (“Private Beta”).
Thank you for your help and participation, please read the Agreement below, and please let us know if you have any questions or need assistance by emailing firstname.lastname@example.org.
Private Beta Status
PressDesk is in private beta and is not operating any commercial activities. The site and entity are only in a testing phase to explore the functionality and potential uses of a future product called PressDesk. You are not being charged to participate and use these services.The Agreement constitute a binding legal agreement, which govern your use of the PressDesk via any platform or device. By visiting and testing PressDesk’s website, you are accepting these terms. If you do not agree to these terms, please do not access our website or use any of our products or services.
Participant Testing and Feedback
PressDesk shall provide you with all the login information required for accessing Private Beta. In exchange, you agree to provide reasonable feedback to PressDesk, about your experiences using the service and information about connectivity and usability of the Private Beta. All of your feedback shall be the property of PressDesk and may be used by PressDesk for any purpose it sees fit. As part of this feedback process, PressDesk is using simple Google Analytics tracking of the user’s interactions on the site. These analytics are considered part of the user feedback process.
Ownership of Private Beta
You understand that PressDesk owns all of the Private Beta services, including without limitation all intellectual property rights therein. You shall keep the Private Beta services free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of any of the Private Beta services.
When you submit any ideas, suggestions, documents and/or proposals relating to the Private Beta service (or other products or services) to PressDesk through any channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) PressDesk is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) PressDesk shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) PressDesk may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of PressDesk without any obligation of PressDesk to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from PressDesk under any circumstances.
Confidential Nature of Private Private Beta services
You acknowledge and agree that:the Private Beta services are the confidential information of PressDesk;The Private Beta services are pre-release materials and not intended for public release;Disclosure of any part of the Private Beta services to any third party, including but not limited to any trade or consumer press, news agency or any competitor of PressDesk, will cause significant and irreparable harm to PressDesk, the extent of which may be difficult to ascertain. Accordingly, you agree PressDesk shall be entitled to injunctive relief as well as all other legal remedies that may be available in the event you breach this agreement.
Participant’s Warrants and Representations
You warrant and represent that you:Will not post any comments or other communications which may be offensive or threatening;Acknowledge and agree that you have no expectation of privacy or confidentiality in any personal information, ideas, designs or inventions that you choose to disclose during your participation in the Private Beta or use of any of the Private Beta services;Agree that PressDesk may remove any content created by you for any reason;Will not disclose any part of the Private Beta services to any third party, including but not limited to any trade or consumer press, news agency or any competitor of PressDesk;Will not give any public exhibitions or displays using the Private Beta services;Agree that if you allow anyone else to use the Private Beta services, you accept responsibility for their acts, including any violations of this agreement which could result in the termination of your account;Will use the content and tools made available to you for the purposes intended as any misuse of such content or tools may result in immediate termination of your account and participation in the Private Beta;Will not misappropriate any of the intellectual property of PressDesk or any other party as such misappropriation may result in legal prosecution;
TERMS & CONDITIONS
1. PressDesk DMCA Copyright Policy
Copyright infringement – PressDesk responds to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in this Agreement (which is in compliance with the United States Digital Millennium Copyright Act [www.copyright.gov]and other applicable laws)
Owners of intellectual property are responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and PressDesk does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;Identification of works or materials being infringed;Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;Contact information about the notifier including address, telephone number and, if available, e-mail address;A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; andA statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company email@example.com or at:
754 Warrenton Rd.STE 113, # 148,Fredericksburg, VA 22406
Content. The videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.
Agreement. You represent and agree that the PressDesk will be used solely for your personal-noncommercial use with respect to content of websites that you have the lawful right to access, and that PressDesk will not be used in violation of the restrictions posted on the website where such content was published. Some websites include security measures designed to prevent access, and you agree not to take any steps to defeat any such security measures. PressDesk does not necessarily monitor any materials posted, transmitted, or saved to or with PressDesk. By posting, sharing or saving any videos, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind. If notified that any user has posted, shared or saved any information or materials which allegedly do not conform to this Agreement, we may in our sole discretion investigate the allegation and determine whether to take any other actions, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the account of any user who transfers or saves content in violation of this Agreement. PressDesk shall have no liability or responsibility to users for performance or nonperformance of such activities. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the terms of this Agreement or infringe any third party’s legal rights.
The Private Beta services, including, but not limited to, the PressDesk application and all other programs, text, graphics, files and other content are owned by PressDesk and are protected worldwide. We retain all right, title and interest in and to the Private Beta services and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work of the Private Beta services, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, “Update” shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for PressDesk. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Private Beta services, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.
This Agreement will be effective. You may terminate this Agreement at any time by deleting your account. PressDesk also reserves the right to terminate your account at any time with or without cause.
As a condition to your use of the Private Beta Services, you agree not to use the Private Beta Services to infringe any intellectual property rights. PressDesk reserves the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to Private Beta Services to, any users who infringe any copyrights or other intellectual property rights.
You agree, at your own expense, to indemnify, defend and hold harmless PressDesk, its officers and agents, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of this Agreement, your use of the Private Beta services, or any of your other acts or omissions.
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
7. Relationship of the Parties
Nothing contained in this Agreement shall be deemed or construed as creating a joint venture, partnership, agency, employment or fiduciary relationship between the parties. Neither party nor their agents have any authority of any kind to bind the other party in any respect whatsoever, and the relationship of the parties is, and at all times shall continue to be, that of independent contractors.
8. Force Majure
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
9. International Access
The Private Beta services may be accessed from countries other than the United States. We make no representations or warranties that the Private Beta services are appropriate for use or access in other locations. If you access and use the Private Beta services outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
10. U.S. Government Restricted Rights
If this product is acquired under the terms of a government contract, use, duplication and disclosure are subject to the terms of this license and the following restrictions: subdivision (c)(1)(ii) of the Rights in Technical data and Computer Software clause at 252.227-7013 (DOD contracts); subdivisions (a) through (d) of 52.227-19 (Civilian agency contracts); and the applicable ADP Schedule Contract (GSA contracts).
11. Access by Children
In the United States, if you are a device manufacturer or other third party (the “Sponsor”) that provides devices to children under the age of 13 that utilize the Private Beta services, you assume the responsibility for complying with the U.S. Children’s Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means that the Sponsor must notify parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the PressDesk application the personal information of children under the age of 13 in order to establish an account or use the Private Beta services. Schools may under appropriate circumstances provide such consent on behalf of parents/guardians. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm.
Except as provided in the paragraph above, the Private Beta services are not for individuals under the age of 13. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it.
12. Electronic Communications
If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Private Beta site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Private Beta services, about any of our products or services, or for such other purposes as we deem appropriate.
13. Third Party Services
The Private Beta services may permit you to link to other websites, applications, services or resources on the Internet, and other websites, applications, services or resources may contain links to the Private Beta Services. The Private Beta Services may also permit you to link your account to other services for sharing what you find, or finding other PressDesk users among your friends. Such other services may include Facebook, Twitter, Feedly, Evernote, and other services etc. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that PressDesk are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that PressDesk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
PressDesk may terminate your access to all or any part of the Private Beta service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Private Beta service. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless PressDesk, any affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Private Beta Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Private Beta Services, of any intellectual property or other right of any person or entity. PressDeskreserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
PressDesk reserves the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Private Beta Services (including without limitation, the availability of any feature, database, or content) at any time without notice or by posting a notice on the Site or by sending you notice through the Private Beta service, via e-mail or by another appropriate means of electronic communication. PressDesk may also impose limits on certain features and services or restrict your access to parts or all of the Private Beta Services without notice or liability. While PressDesk may timely provide notice of modifications, it your responsibility to check these Terms of Service periodically for changes. Your continued use of the Private Beta Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Private Beta Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Private Beta Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. PressDesk may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that PressDesk will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, PressDesk must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
18. Governing Law and Jurisdiction
This Agreement and your use of the Private Beta services are governed by the laws of the State of Virginia, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located within Fredericksburg, Virginia or Stafford County, Virginia, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to this Agreement or the Private Beta services.
19. License Grant
Subject to the terms and conditions of this Agreement, PressDesk grant you a limited, non-exclusive, personal, nontransferable, non-sublicensable, noncommercial right and license to: (1) use a copy of the PressDesk application; and (2) view and use PressDesk, including, without limitation, the products and services made available on or through PressDesk. No other right or license of any kind is granted to you hereunder with respect to the Private Beta services. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark, trade secret or other intellectual property right, except as expressly provided herein. If you want to make commercial use of any of the Private Beta services, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon such termination, you will destroy or permanently erase all copies of the Private Beta services.
20. License Restrictions
Your access to and use of the Private Beta services is subject to this Agreement and all applicable laws and regulations. You may not: (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Private Beta services, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in PressDesk or any portion thereof; (2) distribute, license, transfer, or sell, in whole or in part, any of the Private Beta services or any derivative works thereof; (3) market, rent or lease the Private Beta services for a fee or charge, or use the Private Beta services to advertise or perform any commercial solicitation; (4 ) use the Private Beta services to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (5) interfere with or attempt to interfere with the proper working of the Private Beta services, any transactions being offered in connection with the Private Beta services or any other activities conducted by us, disrupt our website or any networks connected to the Private Beta services, or bypass any measures PressDesk may use to prevent or restrict access to the Private Beta services; (6) exploit the Private Beta services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (7)) use the Private Beta services to collect or harvest personal information about other users of the Private Beta services; (*) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (9) share any videos, articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you; (10) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (11) use the Private Beta services, or any other services, products, or downloads available in connection with the Private Beta services for illegal purposes; (12) represent that you are the owner of any of the Private Beta services, including any of its individual files, drawings or documentation; (13) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Private Beta services; (14) incorporate the Private Beta services or any portion thereof into any other program or product; (15) use the Private Beta services for any purpose other than in accordance with the terms and conditions of this Agreement; or (16) copy or reproduce, in any form or by any means, any part of the Private Beta services. PressDesk reserves the right to refuse service, terminate accounts or limit access to the Private Beta services in our sole discretion.
21. Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PRIVATE BETA SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services or (B) $500.00.
22. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of PressDesk and you.