1.1. You are being granted a limited License to use Burrelles media database under this Agreement but You hereby acknowledge that Burrelles media database is of a proprietary nature and is the sole and exclusive property of Burrelles. Burrelles retains all commercial rights, privileges and ownership of the media database and all its contents.
1.2. Burrelles will distribute press releases according to the media location(s) selected by You and according to the preferred method of receipt as indicated in Burrelles proprietary media database. Burrelles will apply its best efforts to provide You a media list that is accurate and complete.
1.3. Burrelles shall have no liability for the content of any press release or other information provided by You, nor shall Burrelles independently verify the facts contained in any such press release or information. Therefore, You hereby represent and warrant that (i) You possess the authority to submit news releases to Burrelles for distribution; (ii) any person or party executing this Agreement on Your behalf is authorized to do so; and (iii) the content You submit and its distribution will not violate any copyright, trademark or service mark rights, right of privacy or other right of any person, and such content is not obscene, libelous, slanderous or otherwise defamatory, false or misleading.
1.4. Burrelles reserves the right to reject any press release or other content You submit if Burrelles reasonably determines that the release content is unsuitable for distribution. Releases considered unsuitable may include, but are not limited to: content that includes adult material, obscenities or profanity; content that promotes violence, illegal activities, or discrimination based on race, sex, religion, age, disability, nationality or sexual orientation; press releases which appear to be an advertisement, call the reader to action, vary significantly from standard press release format or contain excessive grammatical or typographical errors. Moreover, Burrelles reserves the right, upon due notice to You, to make non-material edits in headline, dateline, body and/or contact information for the purposes of making a press release suitable for distribution.
2.1. The relationship of Customer and Burrelles is an independent contractual one, and nothing herein contained shall be construed to constitute the parties as partners, joint ventures or agents of one another.
2.2. Neither of the parties will be liable for consequential, incidental, indirect, or special damages, including, but not limited to, those related to loss of reputation, or loss of business, profits, or information, or other commercial or economic loss, whether such damages are based on breach of contract, tort, including negligence, or otherwise. Customer agrees to indemnify and hold Burrelles harmless from any and all liability arising from third party claims relating to Customer’s distribution of copyright.
2.3. This Agreement shall be governed by the laws of the State of New Jersey without regard to its choice of law principles. New Jersey shall have exclusive jurisdiction in the event of any litigation.