Terms and Conditions for Uploading Press Releases to NewsByWire

Last updated: October 2024

These Terms and Conditions govern the use of NewsByWire, a platform enabling users to upload and distribute press releases and associated media. By uploading content, you agree to these Terms, which define your responsibilities, outline our takedown process, and limit our liability.

1. About NewsByWire

NewsByWire is an intermediary platform that facilitates the publication and distribution of user-generated press releases. We do not create, edit, or verify user content before it is published or shared.

Our role as an intermediary aligns with UK case law (Tamiz v. Google Inc. [2013]), EU law (E-Commerce Directive [2000/31/EC], Article 14), and US law (Section 230 of the Communications Decency Act).

We take no responsibility for the legality, accuracy, or ownership of uploaded content.

NewsByWire acts as a conduit for user-generated content, and any legal or liability issues arising from that content are the responsibility of the uploader, not NewsByWire.

2. User Responsibilities

2.1 Warranties and Representations

By uploading content, you warrant and represent that:

• You own or have all necessary licences, rights, and permissions for the content, including text, images, and videos.
• The content complies with all applicable laws, including copyright, data protection (e.g., GDPR), defamation, and advertising laws.
• The content does not infringe any intellectual property or other rights of third parties, is not defamatory or misleading, and does not promote illegal activities.

2.2 Indemnification and Liability for Costs

You agree to indemnify and hold NewsByWire harmless against any and all claims, losses, damages, liabilities, and expenses arising from:

• Your uploaded content, including but not limited to claims of copyright infringement, defamation, or violations of applicable laws.
• Legal defence costs, settlements, or damages incurred by NewsByWire as a result of claims against your content.

If NewsByWire incurs legal costs defending claims related to your content, you agree to fully reimburse us for these costs.

2.3 Prohibited Content

You agree not to upload content that:

• Violates copyright, trademark, or other intellectual property rights.
• Contains defamatory, obscene, hateful, or misleading material.
• Breaches advertising standards or promotes illegal activities.

3. Sharing of Uploaded Content

By uploading press releases and associated media to NewsByWire, you explicitly acknowledge and agree that NewsByWire is authorised to share, distribute, and make your content available to third-party services, websites, databases, news aggregators, social media platforms, and other channels for the purpose of broader dissemination and reach.

This may include the display, indexing, and republication of your content by these third parties, over which NewsByWire exercises no direct control.

You understand and accept that once your content is shared with these third parties, its subsequent use and distribution are subject to their respective terms and conditions and privacy policies.

NewsByWire shall not be held responsible for the actions or omissions of these third-party services.

4. NewsByWire’s Responsibilities

4.1 Neutral Platform

NewsByWire operates as a neutral hosting platform and does not assume editorial control over user content. We are protected under Tamiz v. Google Inc. [2013], Viacom International Inc. v. YouTube, Inc. (2010), and L’Oréal SA v. eBay International AG (2011).

In summary, this means that if you have concerns about content uploaded by a user, your primary action should be directed towards the user who uploaded it, not NewsByWire, unless NewsByWire fails to act upon a valid notification of illegal or infringing content.

4.2 Notice-and-Takedown Mechanism

We comply with UK, EU, and US laws on notice-and-takedown procedures.

Upon receiving valid notices of unlawful or infringing content, we promptly investigate and may remove the content in accordance with applicable laws (Defamation Act 2013, DMCA, and E-Commerce Directive Article 14).

5. Copyright Infringement and Takedown Policy

Submitting a Takedown Notice

If you believe content infringes your copyright, submit a takedown notice including:

• A description of the allegedly infringing content and its location (e.g., URL).
• Your contact information (name, address, email, phone number).
• A statement under penalty of perjury that you believe the use is unauthorised.
• Your physical or electronic signature.

Submit to:
Email: [email protected]

Counter-Notice Process

Users who believe their content was wrongly removed may submit a counter-notice including:

• Identification of the removed content.
• A statement under penalty of perjury explaining why the removal was in error.
• Consent to the jurisdiction of UK courts (or relevant jurisdiction).
• The uploader’s physical or electronic signature.

Right to Suspend or Terminate Accounts

NewsByWire may suspend or terminate accounts that repeatedly upload infringing or unlawful content.

6. Data Protection Compliance

You are responsible for ensuring that any personal data included in your uploaded content complies with applicable data protection laws, including the UK GDPR and EU GDPR.

7. Third-Party Platform Disclaimer

Press releases distributed via NewsByWire may be shared on external platforms (e.g., social media, syndicated feeds). NewsByWire is not responsible for how these platforms display, use, or manage your content.

8. Limitation of Liability

To the fullest extent permitted by law, NewsByWire’s liability is limited to the amount you paid for our services, if any.

NewsByWire is not liable for claims arising from user-generated content, in line with Bunt v. Tilley [2006], Tamiz v. Google Inc. [2013], and Jones v. Dirty World Entertainment (2014).

9. Governing Law

• For UK users, these Terms are governed by the laws of England and Wales.
• For EU users, the E-Commerce Directive [2000/31/EC] applies.
• For US users, the DMCA and Section 230 of the Communications Decency Act apply.

Users outside these jurisdictions are responsible for complying with their local laws.

10. Changes to These Terms

We may update these Terms at any time. Changes will be communicated through our website or email.

11. Account Suspension, Content Removal, and Platform Discretion

11.1 Right to Remove Content Without Notice

NewsByWire reserves the absolute right, at its sole discretion, to remove, refuse to publish, or delete any content uploaded to the platform at any time, with or without notice, and without the obligation to provide a reason.

11.2 Right to Suspend or Terminate Accounts

NewsByWire may suspend, restrict, or permanently terminate any user account at its sole discretion, at any time, and without prior notice or explanation.

11.3 No Liability for Removal or Suspension

You agree that NewsByWire shall not be liable for any loss, damage, reputational harm, business interruption, or consequential loss arising from:

(a) the removal of any content;
(b) the suspension or termination of an account;
(c) the refusal to publish or distribute any press release or media.

This applies regardless of whether the action was taken with or without cause.

11.4 Fees and Refunds

Where a fee has been paid for services, NewsByWire may, at its sole discretion, choose to provide a refund and or explanation. However:

(a) refunds are not guaranteed;
(b) the provision of a refund does not imply liability or wrongdoing;
(c) NewsByWire is under no obligation to provide justification for any decision.

11.5 Platform Integrity and Risk Management

NewsByWire reserves the right to take any action it deems necessary to protect the integrity, reputation, legal standing, or operational security of the platform. This includes, but is not limited to, the removal of content or users that may pose a legal, reputational, or commercial risk.

11.6 Indemnity for Platform Decisions

You agree to fully indemnify and hold harmless NewsByWire against any and all claims, actions, proceedings, losses, damages, costs, and expenses (including legal fees) arising directly or indirectly from:

(a) the removal of your content;
(b) the suspension or termination of your account;
(c) any dispute arising from NewsByWire’s exercise of its rights under this section.

11.7 No Right to Service

Use of NewsByWire is not a guaranteed right. NewsByWire reserves the unrestricted right to determine who may access the platform and what content may be published or distributed.

By using NewsByWire to upload content, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, you must refrain from using our platform.

Terms and Conditions for Journalists, Bloggers, and Media Outlets Using Content from NewsByWire
Last Update Date: October 2022

These Terms and Conditions govern the use of content made available on NewsByWire by journalists, bloggers, media outlets, or any other users who download or republish press releases, articles, or associated media (hereafter referred to as “Users”). By using NewsByWire, Users agree to these Terms and Conditions.

1. About NewsByWire

NewsByWire is a platform that facilitates the upload and distribution of press releases and associated media. All content on NewsByWire is user-generated and provided by third parties (e.g., PR agencies, businesses, or individuals).

• No Editorial Control: NewsByWire does not verify the accuracy, legality, or completeness of the content uploaded by users.
• Intermediary Role: Our role is limited to hosting and distributing press releases, and we are not the publisher or creator of any content on our platform.

NewsByWire’s liability is limited in accordance with UK case law (Tamiz v. Google Inc. [2013]), EU law (E-Commerce Directive [2000/31/EC]), and US law (Section 230 of the Communications Decency Act).

2. User Responsibilities

2.1 Independent Verification

Users must independently verify the accuracy, legality, and completeness of any press release or media they download or use from NewsByWire.

NewsByWire provides no warranties or guarantees about the accuracy, reliability, or legitimacy of the content on our platform.

Users must confirm their right to republish or use any downloaded content, including ensuring they have the proper permissions for images, trademarks, or other intellectual property included in the content.

2.2 Copyright and Permissions

All press releases and associated media are provided “as is” by third-party contributors. Users agree:

• To obtain explicit permission from the original content provider before reproducing or redistributing any content that may be subject to copyright or other intellectual property protections.
• That NewsByWire is not liable for any claims of copyright infringement, defamation, or misuse of intellectual property arising from the use of platform content.

2.3 Indemnification

Users agree to indemnify and hold NewsByWire harmless against any claims, losses, damages, or legal fees resulting from:

• The use, reproduction, or redistribution of content downloaded from NewsByWire.
• Third-party claims related to copyright infringement, defamation, or breach of applicable laws.

3. NewsByWire’s Limitations of Liability

3.1 Disclaimer of Warranties

NewsByWire does not:

• Endorse or take responsibility for any claims, statements, or opinions expressed in user-generated content.
• Guarantee the legality or accuracy of the content.

All content is provided on an “as is” basis without any warranties, whether express or implied.

3.2 Liability Cap

To the fullest extent permitted by law, NewsByWire’s total liability to Users for any claim related to the use of platform content is limited to the amount paid (if any) for accessing the service.

3.3 No Responsibility for Consequences of Use

Users acknowledge that NewsByWire is not responsible for any consequences arising from:

• The use of incorrect, defamatory, or infringing content.
• Legal disputes between Users and third parties related to the content.

4. Prohibited Uses

Users may not:

• Misuse content in a way that violates applicable copyright laws, defamation laws, or other legal standards.
• Use the platform or its content for unlawful, defamatory, or fraudulent purposes.

5. Copyright Complaints and Takedown Requests

If Users encounter potentially infringing or unlawful content:

• Users should report the content to NewsByWire for investigation under our Notice-and-Takedown Policy.
• NewsByWire will review complaints and take appropriate action, which may include removing content or referring the matter to the original uploader.

6. Governing Law

These Terms are governed by the laws of England and Wales for UK Users, the E-Commerce Directive [2000/31/EC] for EU Users, and US copyright and communications laws (including the DMCA) for US Users. Users outside these jurisdictions are responsible for compliance with their local laws.

7. Changes to These Terms

NewsByWire reserves the right to amend these Terms at any time. Changes will be communicated via our website or email. Continued use of the platform constitutes acceptance of the updated Terms.

Important Notices to Users

• Content Provided by Third Parties: All content on NewsByWire is uploaded by third parties. Users are responsible for conducting their own due diligence before using or republishing any content.
• Indemnification Obligations: Users assume full liability for their use of NewsByWire content and agree to indemnify NewsByWire against all claims.
• Copyright and Licensing: Users must ensure they have the necessary permissions to use the content, particularly for images and other media.

By using NewsByWire, Users confirm they have read, understood, and agreed to these Terms and Conditions.

By using NewsByWire to upload content, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, you must refrain from using our platform.