The Terms are a legally binding contract between you and Presscast, Ltd. We’ll just refer to Presscast, Ltd. and all of its subsidiaries collectively as “Presscast” (“we”, or “us”).
This contract sets out your rights and responsibilities when you use Presscast.io and the other services provided by Presscast (our “Services” or “Platform”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
The Presscast Platform is an online marketplace that enables registered users (“Members” or “Users”) and certain third parties who offer services (members and third parties who offer products are “Publishers” or “Sellers” and the products they offer are “Publisher Products”, “Embedded Content Space”, or simply “Content Space”) to publish such Publisher Products on the Presscast Platform (“Listings”) and to communicate and transact directly with members that are seeking to purchase such Publisher Products (members browsing or purchasing Products Products are “Advertisers”, “Buyers”, or “Contributors”). Publisher Products may include the offering of Content Space on publications for the purposes of embedding marketing, lead generation, or advertising messages.
As the provider of the Presscast Platform, Presscast does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Publisher Products, nor is Presscast an organiser or retailer of such products. Publishers alone are responsible for their Listings and Publisher Products. When members make or accept a purchase, they are entering into a contract directly with each other. Presscast is not and does not become a party to or other participant in any contractual relationship between members, nor is Presscast a broker or insurer. Presscast is not acting as an agent in any capacity for any member, except where specified in the Advertisers Policy.
Both Presscast and publishers process members’ personal information (for example, advertiser name, email address, etc) and are therefore considered separate and independent data controllers of advertisers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a publisher accidentally discloses an advertisers’s name and email address when fulfilling another advertiser’s order, the publisher, not Presscast, will be responsible for that unauthorised disclosure.
If, however, Presscast and publishers are found to be joint data controllers of advertisers’ personal information, and if Presscast is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of advertiser personal information, you agree to indemnify Presscast for the expenses it occurs in connection with your processing of advertiser personal information. See Section 11. Indemnification below for more information about your indemnification obligations to Presscast.
You’ll need to create an account with Presscast to use some of our Services. Here are a few rules about accounts with Presscast:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Presscast or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
D. Our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Presscast.
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Services.
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Presscast a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Presscast function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree Presscast may offer you or Presscast advertisers promotions on the Site, from time to time, that may relate to your listings
C. Rights You Grant Presscast. By posting Your Content, you grant Presscast a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Presscast, your Presscast listings, or the Services in general, in any formats and through any channels, including across any Presscast Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
D. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, otherwise offensive or in violation any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
B. Pay Your Bills. You are responsible for paying all fees that you owe to Presscast. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name "Presscast" and the other Presscast marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Presscast in the UK and other countries. If you’d like to use our trademarks, please contact us at firstname.lastname@example.org.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Presscast (not including Your Content or content space you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. From time to time, Presscast will provide you with certain legal information in writing. By using our Services, you’re agreeing to be contacted electronically (such as by email) instead of mailing you paper copies, and that your electronic agreement is the same as your signature on paper.
A. Be Yourself. Presscast is a marketplace that allows advertisers ("buyers") to browse and purchase in-line content space in digital media owned by publishers ("sellers"). If you browse content on Presscast, you acknowledge that:
B. Making a Contribution. Before you can purchase content space from a publisher through the platform, you must submit a Contribution Request ("Request to Contribute") and negotiate the terms of the contribution. You acknowlege that:
A. What Can be Sold on Presscast. Presscast is a marketplace that allows advertisers ("buyers") to browse and purchase in-line content space ("hosted content space") in digital media owned by publishers ("sellers"). If you sell content space on Presscast, you agree that:
B. What Can’t be Sold on Presscast. You may not sell or list for sale content space in content you do not own or represent, or content which otherwise violates rules set out elsewhere in the Terms.
C. Fulfillment. By selling hosted content space on Presscast, you agree to fulfill purchases to the best of your ability as set out by these Terms as well as the terms of your agreement with the buyer. You agree that:
D. Getting Paid. Presscast uses the services of Stripe in order to facilitate the transactions on our platform. In order to get paid as a seller you acknowledge that:
E. Payment Processing Fees Presscast charges a fee ("Processing Fee") for processing each transaction satisfied through our services. As a seller, you agree to the 35% fee which is taken from the total transaction amount paid by the buyer.
Example: A Buyer purchases content space from a Seller for
£100. The Processing Fee charged by Presscast for this transaction is
£35 = (£100 x 0.35). The amount deposited into the Seller's account is
£65 = (£100 - (£100 x 0.35)).
Termination By You. You may terminate your account with Presscast at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You’ll still have to pay any outstanding bills.
Termination By Presscast. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Presscast may refuse service to anyone, at any time, for any reason.
If you or Presscast terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Presscast reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Content Space You Purchase. You understand that Presscast does not produce or inspect any of the content sold through our Services. We provide the venue; the articles and contribution space in our marketplaces are produced, listed, and sold directly by independent publishers, so Presscast can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to contribution space you purchase must be brought directly against the publisher of the article. You release Presscast from any claims related to content space sold through our Services, misrepresentations by publishers, or articles that caused physical injury.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Presscast is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Warranties. Presscast is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither Presscast, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Presscast’s aggregate liability for any damages exceed the greater of one hundred (£100) Pounds Sterling (GBP) or the amount you paid Presscast in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If Presscast gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Presscast (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you find yourself in a dispute with another user of Presscast’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Advertisers and publishers who are unable to resolve a dispute related to a transaction on our websites or apps may reach out to us at email@example.com. Presscast will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Presscast has no obligation to resolve any disputes.
Release of Presscast. You release Presscast from any claims, demands, and damages arising out of disputes with other users or parties.
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. These terms and conditions are governed by and construed in accordance with the laws of England and Wales. Any dispute you have which relates to these terms and conditions, or your use of Presscast (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.
B. Arbitration. Any Dispute between you and Presscast arising out of or in connection with the Terms or Policies, including in respect of their interpretation, subject-matter or termination, will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (‘LCIA’), which rules are deemed to be incorporated by reference into these Terms. The number of arbitrators will be one, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of arbitration will be London, England. The language to be used in the arbitration proceedings will be English. Any reference under this section will be deemed to be a reference to arbitration within the meaning of the Arbitration Act 1996. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Presscast will pay all the arbitration fees due to LCIA for any Dispute. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, Presscast will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Presscast also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Services. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
C. Modifications. If we make any changes to this “Disputes with Presscast” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Presscast prior to the date the changes became effective. Presscast will notify you of substantive changes to the “Disputes with Presscast” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Presscast a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Presscast in accordance with the provisions of this “Disputes with Presscast” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Presscast regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please email us at firstname.lastname@example.org.