Uploader agreement
PLEASE READ THIS UPLOADER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE UPLOADING CONTENT (“USER CONTENT”) TO BE MADE AVAILABLE TO USERS OF JAPANPRESSRELEASE.COM, POWERED BY SMITH & EDIT.
1. Eligibility
In order to upload User Content to japanpressrelease.com, You must: (i) be a representative of the organisation for which the press release is promoting; (ii) if You are uploading User Content to japanpressrelease.com on behalf of an organisation, You must be an authorised representative of such organisation with the authority to bind such organisation to these terms and agree to these terms on behalf of such organisation; and (iii) japanpressrelease.com reserves the right to refuse or revoke Your User Content at any time, at its sole discretion, with out cause and without notice to You.
2. Incorporation by reference
The following additional Smith & Edit terms, policies, and guidelines are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:
Unless defined in this Agreement, all capitalised terms used in this Agreement have the meaning given in our terms of use and privacy policy.
3. Certain rights
japanpressrelease.com will solely control all features and functionality of the Site and will have the right to modify, change, or amend the same at all times, at its sole discretion. japanpressrelease.com reserves the right to remove or delete User Content at any time, at its sole discretion, without cause and without notice to You.
4. Authorisation to upload
Subject to Your full and timely compliance with all of the terms and conditions set out in this Agreement, japanpressrelease.com hereby authorises You to upload authorised digital content, including electronic documents. User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, japanpressrelease.com neither guarantees against unauthorised copying or distribution of User Content nor will japanpressrelease.com be liable for any unauthorised copying or usage of the User Content.
5. Prohibited uses
Your authorisation to use japanpressrelease.com for the uploading and distribution of User Content is subject to the following restrictions:
(i) You may not share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from, or otherwise exploit content accessed on the Site, other than as permitted by japanpressrelease.com; or
(ii) You may not act in any way that violates japanpressrelease.com’s Terms of Use, any other Guidelines, or any other agreement between japanpressrelease.com and Yourself, or engage in any action or practice that disparages or devalues japanpressrelease.com’s reputation or goodwill.
You acknowledge that any attempted or actual violation of any of the foregoing is a material breach of this Agreement and that japanpressrelease.com may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
6. Grant of license to japanpressrelease.com
By uploading User Content to japanpressrelease.com, you hereby grant to japanpressrelease.com a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorise sublicenses) to host, transfer, display, perform, reproduce, translate, distribute, compress or convert for distribution (including but not limited to facilitating accessibility to the visually or hearing impaired), monetise, charge money for, restrict access to view, restrict access to download, advertise against, create derivative works from, train machine learning, large language, or other statistical or data models of japanpressrelease.com or other authorised third parties, and otherwise exploit Your User Content, in any media formats and through any media channels, in order to publish and promote such User Content, either alone or in combination with User Content of other japanpressrelease.com users, in connection with services offered or to be offered by japanpressrelease.com or Smith & Edit. Such license will apply to any form, media, or technology now known or hereafter developed. You grant japanpressrelease.com the right to restrict access to view or to download your User Content. Subject to the terms and limitations set forth herein, you may terminate this grant of license to japanpressrelease.com as to any specific piece of User Content by removing or deleting that piece of User Content from the Services; provided, however, that it is understood and agreed that japanpressrelease.com or third parties may retain a copy of any User Content as necessary for legal or archival purposes.
7. Grant of license to other japanpressrelease.com users
By uploading User Content to japanpressrelease.com, you hereby grant to each User who is authorised to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each such User at least a limited, non-exclusive, license to view, download (including, without limitation, download to a portable device, but subject to download restrictions either made by japanpressrelease.com or by you), print and have printed such User Content for personal use in the manner contemplated by this Agreement and the Services The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from japanpressrelease.com, provided that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Services survive any termination or expiration of the license granted in this section 7.
8. Reservation of rights
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content uploaded and owned by You.
9. Confidentiality
You agree not to disclose the Confidential Information of japanpressrelease.com without japanpressrelease.com’s prior written consent. For the purposes of this section, “Confidential Information” includes without limitation: (a) software, technology, specifications, guidelines, documentation or other materials relating to japanpressrelease.com; and (b) any other information designated by japanpressrelease.com as "confidential" or an equivalent designation, whether orally or in writing.
10. Term and termination
10.1 Term. The term of this Agreement will begin on the date You upload Your User Content and will continue until terminated in accordance with the provisions set forth in this Section 10 (the “Term”).
10.2 Termination. japanpressrelease.com may, at its discretion and without cause, liability, or prior notice to You, immediately terminate this Agreement or suspend Your japanpressrelease.com upload privileges at any time. You may terminate this Agreement either by requesting removal of the content with written notification through electronic mail at info@smithandedit.com. japanpressrelease.com will remove said content within fifteen (15) business days after japanpressrelease.com’s receipt of such notification.
10.3 Effect of Termination. Upon termination of this Agreement, any provision which, by its nature or express terms, should survive will survive such termination or expiration.
10.4 Retiring User Content. If You request to remove or delete Your User Content from japanpressrelease.com it will not be available to Users following the date of such removal or deletion (the “Deletion Date”). Users who have downloaded offline copies of Your User Content may continue to access that content.
11. Your Representations and warranties
You are solely responsible for Your User Content and the consequences of uploading and publishing them. By uploading Your User Content, You represent and warrant that:
(i) all of the information that You provide to japanpressrelease.com under this Agreement is current and accurate;
(ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise japanpressrelease.com and japanpressrelease.com’s Users to use Your User Content in the manner permitted herein;
(iii) Your User Content does not and will not slander, defame, or libel any other party, violate any other party’s publicity rights or trade secret rights, be obscene, or otherwise unlawful;
(iv) Your User Content does not and will not violate japanpressrelease.com’s Terms of Use or any other policy governing User Content or User behavior;
(v) You have not entered into any other agreement that is in conflict with the terms of this Agreement;
(vi) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code;
(vii) Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played; and
(viii) no claim has been asserted nor have any proceedings been instituted by any third party against You or Your predecessors in title for the infringement of intellectual property rights in Your User Content.
12. japanpressrelease.com disclaimer of warranties
In addition to the warranties disclaimed in the Terms of Use, japanpressrelease.com expressly disclaims any warranty that the security measures used to protect User Content used by japanpressrelease.com herein will be effective. japanpressrelease.com makes no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.
13. Relationship of the parties; remedies cumulative
The parties are independent contractors with respect to each other. This Agreement does not constitute and may not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. No party shall have any right to obligate or bind any other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third parties. Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity.
14. Support
For assistance with questions regarding this Agreement, contact japanpressrelease.com support at info@smithandedit.com. Responses will be provided as soon as possible.