As of October 1st, 2013. Your use of PRDESQ’s services and websites (referred to collectively as the “Services”) is subject to these Terms of Service and to PRDESQ’s Privacy Policy (referred to collectively as the “Terms”).
1. Accepting the Terms
A. By using this website or by registering for the Services, you agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
B. Should you violate these Terms or any other rights of PRDESQ, PRDESQ reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
C. PRDESQ reserves the right to modify these Terms at any time, effective upon posting of an updated version on this website. You are responsible for regularly reviewing these Terms. Continued use of the Services after any such changes shall constitute your consent to such changes.
D. PRDESQ may provide translation of the English language version of the Terms for your convenience only. If there is any contradiction between the English language version and any of its translations, then the English language version shall take precedence.
2. Using the Services
A. You are responsible for the content and accuracy of all news copy, documents and other information submitted by you to PRDESQ (the “Submitted Materials”). Because of the volume of information and copy submitted to PRDESQ, PRDESQ cannot be responsible for verifying facts contained in Submitted Materials.
B. You warrant and represent that the content of all materials submitted to PRDESQ will be accurate and original; that you own or are an authorised licensee in the material provided to PRDESQ for distribution; that the material will not violate or infringe upon on copyright, trademark or other intellectual property, proprietary, personal, privacy or other rights worldwide of other persons; that the material does not contain anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all applicable laws and regulations.
C. All Submitted Materials must follow PRDESQ’s editorial guidelines which are subject to change at any time at PRDESQ’s sole discretion. PRDESQ reserves the right (i) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release.
Editorial guidelines
You may use the Services only in accordance with these Terms and applicable laws and regulations. You shall also follow PRDESQ’s instructions from time to time with regard to the use of the Services. Such instructions will be submitted through the Services or sent to you.
You are solely responsible for any and all Press Information and undertake effort to analyse and critically assess its content prior to having it submitted, sent, published, distributed or otherwise transmitted to or through the Services.
You specifically acknowledge that you own, or have the necessary rights to, any and all Press Information (including, without limitation, pictures and videos). Your rights must include the right to publish, reproduce, modify or make other such use of the Press Information through and in relation to the Services. Please specifically note that, if the Press Information includes any pictures or videos, you must obtain consent from any individuals that appear on the pictures or in the videos.
Further, and in particular, the Press Information must not under any circumstances:
1. Promote or assist any illegal or unlawful activity;
2. Be discriminatory based on race, ethnicity, nationality, religion, age, gender, sexual orientation, disability, or medical condition or otherwise be defamatory, harmful, libellous, abusive, harassing, threatening, inappropriate, vulgar, obscene, offensive, dishonest, improper or sexually explicit;
3. Include any information or data that you do not have the right to transmit according to applicable law or any contractual or fiduciary relationships (such as trade secrets, proprietary or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or
4. Infringe, contribute to the infringement of, or induce others to infringe, any trademarks, trade names, patents, copyrights, neighbouring rights, registered and registrable designs, design rights, or any other intellectual property right.
Moreover, you must not in relation to the Services:
5. Do anything unlawful;
6. Defame, abuse, harass, discriminate, stalk or threaten anyone, or otherwise violate anyone’s rights;
7. Send, or arrange for the sending of, any unsolicited advertising or promotional material (e.g. “spam”);
8. Copy, modify, adapt or create derivative works from any software made available as part of the Services or attempt to discover or gain access to the source code for such software or reverse engineer, modify, decrypt, extract, disassemble or decompile such software except to the extent that PRDESQ is not lawfully entitled to restrict or prevent the same;
9. Copy, sell, redistribute, publish or use for any commercial purpose any content of PRDESQ or any other user of the Services (except to the extent explicitly permitted to do so);
10. Introduce any kind of harmful or malicious computer code to the Services or otherwise attempt to interfere with the proper working of the Services or otherwise disrupt or try to gain unauthorised access to the Services;
11. Cause or permit any robot or any automated process to act upon or interact with the Services; or
12. Impersonate anyone else or misrepresent your affiliation to anyone or any company
D. PRDESQ can only remove Submitted Materials from its network, and PRDESQ makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the PRDESQ network.
E. PRDESQ endeavours to disseminate Submitted Materials promptly and accurately. Any inadvertent errors will be corrected promptly upon discovery, without additional charge.
F. All Submitted Materials transmitted by PRDESQ must contain a user-supplied contact name and e-mail address that may be verified by PRDESQ.
G. PRDESQ does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.
H. You grant PRDESQ a non-exclusive, non-transferable, sub-licensable, royalty free, global and otherwise unlimited license to copy, modify, adapt, transmit, display, perform, distribute, create derivative works from and otherwise use the Press Information, in order to provide the Services and for other related purposes. These rights terminate when you delete the Press Information from the Services or at the end of the term of this Agreement, whichever is the later.
PRDESQ reserves the right to systemize, summarize, arrange and layout any Press Information and to publish any Press Information in such modified form or in unmodified form.
PRDESQ further reserves the right to remove all or part of your Press Information from the Services at any time and for any reason. Press Information is removed to enhance the quality of the Services in order to create more value for its users.
The Press Information may become publicly available and accessible to journalists as well as others. PRDESQ shall not be liable for any premature or late publication of Press Information or for any deletion, blocking or alteration of Press Information.
3. Disclaimer of liability for third party content and Links
You agree that PRDESQ is not responsible and will not be held liable for any third party content on the Services or any third-party content, products or services available on other websites accessed through links from the Services. Their inclusion in the Services does not imply any endorsement, guarantee, warranty or representation by PRDESQ.
4. Interruptions, errors, ect.
You acknowledge that maintenance, upgrades, “bugs” and other planned or unplanned causes or circumstances may result in interruptions or errors in the Services and accept that (although PRDESQ will make reasonable efforts to keep the Services accessible and error free) your use of the Services may be subject to such interruptions and errors.
You further acknowledge that the contents of the Services are created by its users and that, like most Internet-based services, the Services are vulnerable to various security risks. You therefore accept that (although PRDESQ will make reasonable efforts to reduce such risks) when using the Services you may be exposed to offensive or inaccurate material (including contaminated files), spamming, theft of passwords, harassment, forgery, electronic intrusion as well as manipulations, hacking and other unauthorized or premature disclosure of your information.
5. Ending your relationship with PRDESQ
A. You may close your PRDESQ account at any time by clicking on the appropriate link in your account settings.
6. Monthly subscription
A. PRDESQ users have the option to subscribe to a paid subscription, the terms of which are the following:
- The user is committed for a duration of one (1) year.
- Payment for the subscription is made monthly.
- Payment is for a lifetime. See 5.D for terms.
B. The subscriber may not cancel the subscription except at the time of the contract’s expiration.
C. The subscriber may not assign or transfer the subscription contract to anyone in any manner whatsoever, whether gratuitous or subject to payment.
D. Lifetime Subscriptions:
PRDESQ offers lifetime subscriptions, which will remain active for the life of the person or the company who purchased the subscription, or in the case of a gift purchase, for the life of the person or company for whom the subscription was purchased. Terms of lifetime subscriptions are subject to additional conditions as outlined in this section.
Lifetime subscribers are guaranteed at least 5 years (60 months) of access to PRDESQ . However, in the event PRDESQ discontinues the service or ceases to do business, or in the event of an acquisition of PRDESQ , change of control of PRDESQ , significant merger, or other legal reorganization, PRDESQ may terminate lifetime subscriptions by returning your purchase price less an amount computed by multiplying your purchase price by a fraction, the numerator of which is the number of complete months since your purchase of the lifetime subscription and the denominator of which is 60.
If PRDESQ terminates your account because of a violation of our terms of service, PRDESQ will not refund any portion of your subscription price.
PRDESQ may introduce additional services from time to time, which may be excluded from an existing lifetime subscription without additional cost.
If your PRDESQ lifetime subscription account has no activity for a period of 5 years we will consider that account dormant and will remove online access to the data. We will then keep the data for an additional 90 days, at which point we will delete your data. Activity is defined as a login to the PRDESQ service.
7. Billing
A. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, plus all related taxes. All payment obligations are non-cancelable and all amounts paid are non-refundable.
B. PRDESQ reserves the right to modify its fees and charges and to introduce new charges upon 30 days prior written notice.
C. You agree to provide PRDESQ with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, PRDESQ reserves the right to terminate your access to the Services in addition to any other legal remedies.
8. Warranties; Limitation of Liability
A. You expressly understand and agree that your use of the services is at your sole risk and that the Services are provided “as is” and “as available”. In particular, PRDESQ doesn’t represent or warrant to you that:
- (i) your use of the Services will meet your requirements,
- (ii) your use of the Services will be uninterrupted, timely, secure or free from error,
- (iii) any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- (iv) that defects in the operation or functionality of the Services will be corrected.
B. In no event shall PRDESQ have any liability to you for any claims or demands of third parties or any lost profits, loss of business, loss of use, lost savings or other consequential, special, incidental, indirect, exemplary or punitive damages, even if advised of the possibility of such damages.
C. Subject to the provisions in Clause 8 and 10 below, if the Services do not meet what PRDESQ has promised you, you may, by sending a detailed notice of complaint to PRDESQ (detailing the relevant deficiencies in the Services), claim a reasonable reduction of the fees for the Services for the period during which the deficiencies remain.
9. Indemnity
A. You will indemnify and hold harmless PRDESQ and its parent companies, affiliates and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by PRDESQ to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of your representations and warranties in these Terms.
PRDESQ shall have no liability for loss of revenue, loss of income, loss of profit, loss of saving, loss of use, loss of production, loss of contract, loss of goodwill, loss of data, loss of information, any third party claims or any indirect or consequential loss.
PRDESQ’s maximum aggregate liability during any calendar year shall be the sum paid by you to PRDESQ during that same calendar year.
Nothing in these Terms shall limit or exclude PRDESQ’s liability for:
1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors, or
2. fraud or fraudulent misrepresentation.
This Clause 8 shall survive termination of this Agreement.
PRDESQ accepts no liability or responsibility to any third party in respect of any of the Services.
10. Proprietary rights
A. PRDESQ owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. Nothing in the Terms gives you a right to use any of PRDESQ’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
B. You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. Referral Program
A. The PRDESQ Referral Program enables PRDESQ users to promote PRDESQ to their friends, family, clients, associates, etc. and earn cash rewards from new members’ purchases.
B. Referring members receive respectively 30% / 25% / 20% of the amounts paid by their affiliates, excluding VAT, for a maximum of 1 year after initial payment. Referring members can have an unlimited number of affiliates.
C. Affiliation revenues are calculated only from valid transactions and effective payments. These revenues are calculated at the end of each month, and are available for transfer (i) 30 days after the transaction, and (ii) as soon as they reach 50€. Affiliate revenues can only be transferred to a Paypal account.
D. Affiliate payments will only be taken into account when registered through PRDESQ’s official affiliation links.
E. Referring members shall use the Referral Program in a manner that demonstrates common sense and respect for applicable laws and regulations, and for the rights of PRDESQ and third parties. In particular, (i) referring members are asked not to engage in any form of unsolicited commercial emailing (commonly referred to as “spamming”), and (ii) referring members shall not use affiliate tools other than to advertise for PRDESQ.
12. Miscellaneous
A. PRDESQ reserves the right to change product/service specifications without notice.
B. PRDESQ may work with third party companies to provide the Services. You acknowledge and agree that these companies will be entitled to provide the Services to you.
C. You consent to receive communications from PRDESQ concerning the Services electronically by e-mail to the email address you provided in connection with your account. You may change the e-mail address to which PRDESQ sends communications by modifying it in your account settings.
D. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services.
E. You agree to use the Services for its intended purpose and not for any 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. You shall not query, spider or access any PRDESQ systems with the express written consent of PRDESQ.
F. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
G. This Agreement shall be governed by and construed under the laws of France. Any suit hereunder will be brought in the courts of Nanterre, France, and you submit to the personal jurisdiction thereof.
For any question regarding these Terms, please contact us.
* * * * * “PRDESQ” is owned and operated by My Reputation BV.VAT 822481248.B01
KVK 34 394316
