Terms of Service

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("USER ") AND SBWIRE, A SERVICE OF TEB MEDIA LLC. ("SBWIRE") STATING THE TERMS THAT GOVERN YOUR USE OF THE SBWIRE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES,  ADDITIONAL TERMS,  AND ALL OF SBWIRE'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND SBWIRE. BY USING SBWIRE’S SERVICES YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SBWIRE MAY REFUSE ACCESS TO THE SBWIRE SITE AND SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Agreement Governing Use of Service

The current version of this Agreement (including additional rules and policies) can be found at http://www.sbwire.com/tos.  SBWIRE may from time to time change this Agreement by posting a revised version of this Agreement, announcing changes to the client account section of the SBWIRE site or by email. Such changes will become effective once posted, and your continued use of the Service will constitute your acceptance of any such changes. 

2. USER REPRESENTATIONS AND WARRANTIES

USER agrees that it is solely responsible for the accuracy and authenticity of the content submitted to SBWIRE. USER represents and warrants to SBWIRE as follows:

1. USER is legally authorized to submit content to SBWIRE.
2. USER is accurately representing its personal information including but not limited to name and email address.
3.  USER is accurately representing its relationship with any person or organization listed within the content.
4. The content submitted by USER is factually and legally accurate.
5. The content submitted by USER is not defamatory, libelous or otherwise illegal.
6. The content submitted by USER is not confidential and may be distributed.
7. The content submitted does not violate state, federal or common law copyright, trademark and service marks or any other intellectual property rights of any person or organization.
8. The content does not contain any information which is libelous or otherwise illegal.

3.  RELATED POLICIES

SBIWRE maintains a set of policies governing the allowable usage of its service.  The current version of these policies can be found at http://www.sbwire.com/tos. USER must agree to adhere to these policies as a condition for using services provided by SBWIRE.  SBWIRE reserves the right to update these policies without notice

4. RIGHT TO REFUSE

SBWIRE reserves the right to refuse distribution of content submitted by USER for any reason.

5. SERVICE PRICING

SBWIRE may from time to time adjust its pricing or offer promotional pricing or discounts.  USER agrees that the price charged for a service is the price that was in effect at the time USER requested a specific service. 

6. PAYMENT TERMS

Payments for services provided by SBWIRE are offered on a prepayment basis unless otherwise agreed to in writing.

3. GRANT OF LICENSE

USER hereby grants SBWIRE a non-exclusive, royalty-free, sub-licensable, transferable, and assignable license to store, display, reproduce, and distribute content submitted to SBWIRE. USER also grants SBWIRE the right to use USER's name and logo for SBWIRE's marketing efforts. USER may requests in writing that SBWIRE does not use USER's name and logo in SBWIRE's marketing efforts.

6. INDEMNIFICATION

If in the event a claim, action or other legal proceeding is brought against SBWIRE due to SBWIRE's distribution of content submitted by USER, or due to any breach of this agreement by USER, including inaccuracy of any warranty or representation made by USER, USER shall indemnify, defend, and hold SBWIRE, TEB Media LLC, SBWIRE's affiliates, employees harmless in connection with any and all costs, expenses losses and liabilities as a result of proceedings including but not limited to attorneys' fees, costs and expenses.

2.  NO WARRANTIES BY SBWIRE

EXCEPT AS STATED IN THIS AGREEMENT, SBWIRE MAKES NO WARRANTY REGARDING SERVICES PROVIDED BY SBWIRE OR SBWIRE'S AFFILIATES. SBWIRE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO THE AVAILABILITY AND ACCURACY OF CONTENT AND ANY WARRANTIES AGAINST NON-INFRINGEMENT.

7. LIMITATION OF LIABILITIES

Any liability of SBWIRE, SBWIRE's affiliates or employees, for the failure of any performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to a return of any amount paid by or on behalf of the User to SBWIRE. IN NO EVENT SHALL SBWIRE, SBWIRE's AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA).

8. ENTIRE AGREEMENT

This Agreement contains the entire agreement between USER and SBWIRE regarding the use of SBWIRE, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by SBWIRE to USER. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations.

9. JURISDICTION, VENUE, AND CHOICE OF LAW

The parties agree that the exclusive location for purposes of Jurisdiction and Venue is a court of appropriate jurisdiction in the State of Wisconsin, County of Brown. In any such action, the parties agree that the law of the State of Wisconsin, County of Brown shall apply and shall govern the determination of the action.

10. NOTICES

ALL notices must be provided in writing, by email or by posting on SBWIRE's website.

Version 1.2 - Revised 2/25/2007