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Publish2, Inc. Terms of Service

Thank you for your interest in Publish2, Inc.'s and its affiliates' (collectively, the "Company's") web site (the "Web Site"). Our Web Site provides link journalism tools and a community for journalists and newsrooms. The Web Site is available to journalists, news syndicators and the general public.

All users of the Web Site are subject to the following terms and conditions of use (the "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by the Company's Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site. The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site.

Your continued use of the Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using the Web Site.

A Special Note About The Beta Test

Welcome to the beta test web site (the "Web Site") of Publish2, Inc. (the "Company") and thank you for agreeing to participate in the beta test (the "Beta Test"). While we are excited to invite you into the Web Site and think you will have a great experience, we want to remind you that the Web Site is still a work in progress that will improve over time. We are looking for your feedback and suggestions to improve the Web Site and hope that you will pardon any short term hiccups or glitches before we reach commercial release. During the Beta Test period, certain Beta Test terms apply in addition to our standard Terms of Use policy.

The Company reserves the right to decide who may participate in the Beta Test and may set the schedule for the Beta Test in its sole discretion and may terminate the Beta Test without prior written notice. Upon termination of the Beta Test, the Company may require you to re-register with the Web Site if you desire to continue using it. You acknowledge that the Web Site is a beta test version that may not include all of the features and functionality of the final Web Site and may contain bugs, defects and errors. In the course of conducting the Beta Test, the Company may contact you from time-to-time for your feedback and you agree to reasonably cooperate with the Company.

All of the foregoing terms apply during your participation in the Beta Test, in addition to the Terms of Use policy below. Please read all of the terms carefully before registering.

A.  USERS AND JOURNALIST ACCOUNT HOLDERS

"User(s)" refer to any individuals, news syndicators, journalists and the general public who access the Web Site. "Journalist Account Holder(s)" refer specifically to news syndicators and journalists having an account with the Company. "You" means all Users and Journalist Account Holders unless otherwise specified.

In order to qualify to be a "Journalist Account Holder," you must submit your journalist credentials for review by the Company and adhere to Publish2's editorial standards. The Company may add, modify or apply such editorial standards at any time in its sole discretion. THE COMPANY IN ITS SOLE DISCRETION WILL DETERMINE WHO MAY QUALIFY FOR AN ACCOUNT AND RESERVES THE RIGHT TO REJECT OR REVOKE ANY ACCOUNT AT ANY TIME AND IS NOT LIABLE FOR ANY LOSS AS A RESULT OF THE REJECTION OR REVOCATION.

B.  USE OF THE WEB SITE

As a User, you agree to use the Web Site only for lawful purposes:

  1. Specifically, you agree not to do any of the following: (a) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c)  intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Web Site any advertisements or solicitations of business; (f) restrict or inhibit use of the Web Site by other authorized Users; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (j) post "spam," transmit chain letters or engage in other similar activities; or (k) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or Users of the Web Site or expose them to liability.
  2. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to the Company the right to use all content you upload or otherwise transmit to the Web Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  3. The Company reserves the right, but does not assume any responsibility, to (a) remove any material posted on the Web Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any User's access to all or part of the Web Site. However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of the Users and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
  4. Your failure to comply with the restrictions on use of the Web Site may result in the termination of your use of and/or access to the Web Site and may expose you to civil and/or criminal liability.
C.  ADDITIONAL OBLIGATIONS OF JOURNALIST ACCOUNT HOLDERS
  1. During the application and registration process, you agree that all information submitted is true, current and your own. You will not misidentify yourself or misrepresent any of your credentials, including, without limitation, the status of your current work in the field of journalism. IT IS YOUR DUTY TO PROVIDE ACCURATE INFORMATION REGARDING YOUR WORK CREDENTIALS AND TO MAKE UPDATES TO YOUR ACCOUNT ACCORDINGLY. FAILURE TO DO SO MAY RESULT IN REVOCATION OF YOUR ACCOUNT PRIVILEGES.
  2. As a Journalist Account Holder, you have access to portions of the Web Site that will allow you to contribute ratings, comments, reviews and other content to the Web Site ("Content"). You understand that any Content to publicly available portions of the Web Site are nonconfidential for all purposes. The Content you provide will be displayed publicly on the Web Site along with your name, work credentials and other personally identifiable information ("Personally Identifiable Information") except in circumstances in which you follow the instructions on the Web Site which enable you to mark certain Content as private.
  3. While the Web Site may permit advertising in certain circumstances at the Company's discretion, Journalist Account Holder acknowledges that the accounts are not intended to be used, and the Content shall not be posted on the Web Site, for purposes of public relations, marketing, advertising or lobbying. Journalist Account Holder agrees to abide by the then current Publish2 editorial standards, which the Company may modify from time-to-time in its sole discretion.
D.  COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site for personal use or legitimate business purposes related to your role as a User, Journalist Account Holder, current or prospective customer, supplier, or distributor of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of the Company, except to: (1) store copies of such materials temporarily in RAM, (2) store files that are automatically cached by your Web browser for display enhancement purposes, and (3) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Web Site, (ii) access to this Web Site or (iii) use of this Web Site or of any services or materials available through this Web Site. Journalist Account Holder also acknowledges and agrees that (s)he will not be compensated in any manner for providing any Content and that such Content is provided freely at will.

E.  TRADEMARKS

The Company name, logo, trademark and service mark "PUBLISH2" and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.

F.  RSS FEEDS

The RSS feeds provided on the Web Site consist of a selection of headlines, summaries and links to full news stories, which can be delivered to your desktop ("RSS Feed(s)"). All rights in and to the RSS Feeds are reserved to the Company. If you incorporate the Company's RSS Feeds onto your web site, you agree to attribute the RSS Feeds to Publish2, Inc.

The Company reserves the right to disable any use of the RSS Feed, and/or to modify the terms related to use thereof, at any time without notice for any reason it deems appropriate. The Company also reserves the right to request from you an agreement to syndicate whatever Content you provide.

G.  COMMENTS AND SUGGESTIONS

The Company welcomes your comments and suggestions. The Company has the right, but not the obligation, to use your comments and suggestions in connection with its business. For avoidance of doubt, the Company shall own any developments by the Company or on its behalf arising out of your comments, suggestions or other submissions. To the extent the Company does not own such materials, you grant and agree to grant the Company a non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with the Company's, its affiliates' and their partners' web sites, products and services. You have no expectation of any review, compensation or consideration of any type for all comments or suggestions hereunder.

H.  THIRD PARTY WEB SITES AND TRANSACTIONS

The Web Site may contain links to other web sites on the Internet. The Company is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Company's Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites.

By electing to access products or services that are made available by distributor or other third party web sites that are linked to from the Web Site, you will be sent via a link to the web site of the distributor, merchant, advertiser, or other information or service provider ("Merchant") that is offering such product or service. The Company is not a party to any transaction between you and any Merchant or any other party, and is not responsible for any products or services you may elect to purchase, download or use. All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. The Company is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a Merchant. NEITHER THE COMPANY NOR ANY THIRD PARTY PROVIDER, OTHER THAN THE MERCHANT OFFERING SUCH GOODS OR SERVICES, MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE GOODS OR SERVICES OFFERED BY SUCH MERCHANT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPATIBILITY.

I.  LIABILITY OF THE COMPANY AND ITS LICENSORS

The Company does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site. Reliance on the content provided on the Web Site Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Content provided.

THE WEB SITE, CONTENT AND LINKS TO THIRD PARTY PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS OR REPRESENTS THAT THE WEB SITE, THE CONTENT OR THE LINKS TO THIRD PARTY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, CONTENT, ANY THIRD PARTY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

J.  INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of products, services or information over the Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of these Terms of Use or your use of the Web Site or any products, services or information obtained from this Web Site.

K.  PRIVACY; PROTECTION OF PERSONAL INFORMATION

Subject to the section ADDITIONAL OBLIGATIONS OF JOURNALIST ACCOUNT HOLDERS above, the Company's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company's Privacy Policy, which is incorporated by reference into these Terms of Use.

L.  ACCESS AND INTERFERENCE

You agree that you will not (1) use any robot, spider or other automatic device, process or means to access the Web Site, (2) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of the Company, (3) use any device, software or routine that interferes with the proper working of the Web Site, (4) attempt to interfere with the proper working of the Web Site, (5) take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure, or (6) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

M.  COMPLIANCE

The Company is based in the State of Virginia, USA. The Company makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

N.  CONTACT

Please contact us at contact {at} publish2 {dot} com if you become aware of any content, materials or postings that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

O.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

The Company respects the intellectual property of others, and we ask our Users and Journalist Account Holders to do the same. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Journalist Account Holders, and, if applicable, Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company's Copyright Agent with the following information:

The Company reserves the right to post your notification on the Web Site and/or to third party clearinghouse sites (e.g., www.chillingeffects.org) with individually personally identifiable information removed. Please note that if you materially misrepresent that that an activity is infringing your rights, you will be liable for damages (including costs and attorneys' fees).

The Company's designated Agent for notice of claims of copyright or other intellectual property infringement is as follows:

By mail:

Copyright Agent c/o Publish2, Inc.
11250 Roger Bacon Drive – Suite 5
Reston, VA 20190
By phone: (703) 437-6607
By email: copyrightagent {at} publish2 {dot} com

P.  MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Virginia, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Fairfax County, Virginia. You agree to submit to the jurisdiction of such courts.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

Last Updated: July 22, 2008