BevNET.com, Inc.

Press Release Terms of Use

1. Acknowledgements, License and Warranties
   1. You warrant and represent that you are an authorized representative of the company or organization (“Company”) submitting the press release, news, or other materials or content, including but not limited to images, photographs, and design elements, (collectively “Content”) to BevNET.com, Inc. (“BevNET”) and that all Content submitted to BevNET is accurate and original; that Company owns or is an authorized licensee of the Content; that the Content will not violate or infringe upon any copyright, trademark, or other intellectual property, proprietary, personal, privacy, or other rights worldwide of other persons; that the Content does not contain anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the Content complies with all applicable laws and regulations.
   2. By submitting Content to BevNET, you grant BevNET a non-exclusive, non-transferrable, and irrevocable license to distribute, display, publish, reproduce, reformat, translate, archive, edit, and modify and create derivative works and/or excerpts of the Content for the purposes of distributing the Content as part of BevNET's products and services.
   3. BevNET reserves the right to refuse any Content that it deems to be inappropriate or improperly sourced or licensed. BevNET reserves the right to change prices and product/coverage specifications without notice.

      EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, BEVNET MAKES NO, AND EXPRESSLY DISCLAIMS, ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING ANY PRODUCTS OR SERVICES PROVIDED BY BEVNET, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY PRODUCTS OR SERVICES WILL MEET COMPANY’S REQUIREMENTS OR EXPECTATIONS.

2. Payment Terms. Payment by credit card is due in full at the time the Content is submitted to BevNET. All sales are final; no refunds, in whole or in part, will be provided for any reason, including but not limited to BevNET’s refusal to distribute, display or publish any Content that it deems inappropriate or improperly sourced or licensed. If the account becomes delinquent, Company acknowledges and agrees that BevNET may demand payment of the balance owed in full, with accrued interest according to applicable laws and late charges. In the event of a default on the balance owed, Company agrees to pay all costs of collection, including legal fees and costs, which are incurred by BevNET or its agents.
3. Indemnity and Limitation of Liability. Company will indemnify and hold harmless BevNET and its officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by BevNET to transmit and distribute Content, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties in these terms.

   BEVNET SHALL NOT BE LIABLE TO COMPANY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF BEVENET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THESE TERMS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL BEVNET BE LIABLE TO COMPANY FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY COMPANY TO BEVNET FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THESE TERMS.

4. Force Majeure. If BevNET is prevented or delayed in or from performing any of its obligations under these terms due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, BevNET shall not be liable for any resulting failure to provide services hereunder.
5. Choice of Law and Venue. These terms shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts (excluding conflict of laws principles) and the parties consent to the exclusive jurisdiction of the state and federal courts of Massachusetts.
6. Entire Agreement and Assignment. These terms constitute the entire agreement between the parties with respect to the subject matter contained herein, and supersede any prior terms or agreements whether oral or in writing. Neither party may assign or delegate its obligations contained in these terms, in whole or in part, without the prior written consent of the other party.