As used in this Terms of Service, “MyPressPortal,” “us” and “we” refers to MyPressPortal and its affiliates. The “Websites” means MyPressPortal’s websites (including without limitation pressportal.co.za and any successor URLS, mobile or localized versions and related domains and subdomains), and the “Services” means MyPressPortal’s communications and messaging products, applications and services, in each case in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the “Offerings.”
This MyPressPortal Terms of Service ("TOS") is entered into by and between MyPressPortal and the entity or person placing an order for or accessing any MyPressPortal Offerings ("Customer" or "you"). If you are accessing or using the Offerings on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company.
MyPressPortal may update the TOS at any time and without prior notice by posting a new version at https://www.pressportal.co.za/tos.html. The information on this site and your use of it is subject to the most recent version of the TOS posted.
Description of Service
MyPressPortal provides a PR & Communications platform through a Software as a Service (SaaS) model and a variety of other services ("Offerings"). Unless explicitly stated otherwise, any new features or services that augment or enhance the current Offerings shall be subject to the TOS.
By indicating your acceptance of this agreement or accessing or using any Offerings, you are agreeing to be bound by all terms, conditions, and notices contained or referenced in this agreement. If you do not agree to this agreement, please do not use any services. For clarity, each partly expressly agrees that this agreement is legally binding upon it.
In consideration of your use of the Offerings, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Netherlands or other applicable jurisdictions. You also agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Offerings' registration form (the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyPressPortal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyPressPortal has the right to suspend or terminate your account and refuse any and all current or future use of the Offerings (or any portion thereof).
You understand that all information, data, text, software, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MyPressPortal, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Offerings. MyPressPortal does not control the Content posted via the Offerings and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MyPressPortal be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Offerings.
You agree to not use the Offerings to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Offerings;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges;
- interfere with or disrupt the Offerings or servers or networks connected to the Offerings, or disobey any requirements, procedures, policies or regulations of networks connected to the Offerings;
- intentionally or unintentionally violate any applicable local, state, national or international law,
- "stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that MyPressPortal may or may not pre-screen Content, but that MyPressPortal and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Offerings and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that MyPressPortal may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- protect the rights, property or personal safety of MyPressPortal its users and the public.
Content made available for inclusion on the Offerings
MyPressPortal does not claim ownership of Content you submit or make available for inclusion via the Offerings. However, with respect to Content you submit or make available for inclusion on the publicly available Offerings, you irrevocably grant MyPressPortal the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the Offerings or other publications by MyPressPortal in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the https://www.pressportal.co.za website. And for Content you submit for private discussions, you grant MyPressPortal the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
MyPressPortal agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer data. However, MyPressPortal will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Intercom's control.
Accessing the Offerings
The Offerings may support integrations with certain Third-Party Platforms. In order for the Offerings to communicate with such Third-Party Platforms, you may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Offerings with any Third-Party Platform, you authorize MyPressPortal to access your accounts with such Third-Party Platform for the purposes described in this TOS. You are solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. You acknowledge and agree that MyPressPortal has no responsibility or liability for any Third-Party Platform or any data exported to a Third-Party Platform. MyPressPortal does not guarantee that the Offerings will maintain integrations with any Third-Party Platform and MyPressPortal may disable integrations of the Offerings with any Third-Party Platform at any time with or without notice to you. For clarity, this TOS governs your use of and access to the Offerings, even if accessed through an integration with a Third-Party Platform.
At the request of MyPressPortal, you agree to the issuance of a joint press release ("Press Release") on a mutually agreed upon date or the 90th day from the Effective Date, whichever is earlier. Each party will have the right to approve the Press Release in advance, but such approval will not be unreasonably delayed or withheld. You also agree to participate in other reasonable marketing activities that promote the benefits of the Offerings to other potential customers and to use Your name and logo on MyPressPortal’s web site and in MyPressPortal promotional materials. You agree that MyPressPortal may disclose you as a customer of MyPressPortal.
MyPressPortal will provide the professional consulting services ("Professional Services") purchased in the applicable Service Agreement. The scope of Professional Services will be as set forth in a Statement of Work referencing this TOS and executed by both parties describing the work to be performed, fees and any applicable milestones, dependencies and other technical specifications or related information ("SOW"). Unless Professional Services are provided on a fixed-fee basis, you will pay MyPressPortal at the per-hour rates set forth in the Service Agreement (or, if not specified, at MyPressPortal's then-standard rates) for any excess services. You will reimburse MyPressPortal for reasonable travel and lodging expenses as incurred. You may use anything delivered as part of the Professional Services in support of authorized use of the Offerings, but MyPressPortal will retain all right, title and interest in and to any such work product, code or deliverables and any derivative, enhancement or modification thereof created by MyPressPortal.
You agree to indemnify and hold MyPressPortal and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Offerings, your use of the Offerings, your connection to the Offerings, your violation of the TOS, or your violation of any rights of another.
Modifications to Offerings
You acknowledge that MyPressPortal may establish general practices and limits concerning use of the Offerings, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Offerings. You further acknowledge that MyPressPortal reserves the right to modify these general practices and limits from time to time. MyPressPortal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Offerings (or any part thereof) with or without notice. You agree that MyPressPortal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Offerings.
You agree that MyPressPortal may terminate your access to the Offerings for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
The Offerings may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyPressPortal has no control over such sites and resources, you acknowledge and agree that MyPressPortal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MyPressPortal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
You expressly understand and agree that: Your use of the Offerings is at your sole risk. Offerings are provided on an "as is" and "as available" basis. MyPressPortal and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MyPressPortal and its subsidiaries, affiliates, officers, employees and licensors make no warranty that:
- The Offerings will meet your requirements;
- The Offerings will be uninterrupted, timely, secure or error-free and
- The Results that may be obtained from the use of the Offerings will be accurate or reliable. No advice or information, whether oral or written, obtained by you from MyPressPortal or through or from the service shall create any warranty not expressly stated in the TOS.
Limitation of Liability
You expressly understand and agree that MyPressPortal and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyPressPortal has been advised of the possibility of such damages), resulting from the use or the inability to use the Offerings.
Notice and Procedure for Making Claims of Copyright Infringement
MyPressPortal respects the copyright of others, and we ask our users to do the same. MyPressPortal may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MyPressPortal's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.