so commonshareholders need to get in touch with Marketwire..???
Sharktnk Share Saturday, April 30, 2011 11:03:26 AM
Re: Stockfire409 post# 232401 Post # of 232406
Info - Re: Marketwire:
Terms of Service Agreement
1. DEFINITIONS
"Marketwire" means Marketwire, Incorporated, a California corporation. "Client" means the party utilizing Marketwire's services. "Agreement" means this Terms of Service Agreement between the Client and Marketwire. "Content" and "Client Content" mean all information and materials submitted by Client to Marketwire. "Service" or "Services" means the services provided to Client by Marketwire including, but not limited to, press release distribution, Internet clips, webcasting, and EDGAR filing. “Partner” or “Partners” means a third party that has a joint venture or marketing relationship with Marketwire.
2. CLIENT REPRESENTATIONS AND WARRANTIES
The Client is solely responsible for the accuracy and authenticity of the Content submitted by Client to Marketwire. Client represents and warrants to Marketwire, as follows:
1.That Client has the right and is authorized to submit the Content to Marketwire for distribution, broadcasting and/or filing;
2.That the Content is true and accurate;
3.That the Client is not impersonating any person or entity or misrepresenting Client's affiliation with any person or entity;
4.That the distribution, broadcasting and/or filing of the Content does not violate the state, federal or common law copyright, trademark, or service mark rights, any other property rights, privacy rights, intellectual property rights, confidentiality rights or other proprietary or contract rights of any third party;
5.That the Content does not contain any information which is libelous or otherwise illegal;
6.That Client will not misuse the Services or misappropriate the Content to compete directly or indirectly with Marketwire or to engage in derivative commercial activities without Marketwire's prior written consent; and
7.That Client has investigated the desirability of utilizing Marketwire's services and is not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service or in the materials on Marketwire's web site, "marketwire.com."
3. INDEMNIFICATION
In the event any third party brings any action, arbitration, or other legal proceeding (collectively, "legal proceeding") against Marketwire, its officers, directors, shareholders, agents, employees or other representatives of Marketwire, or against any third party who broadcasts, displays or distributes the Content with the permission of Marketwire, or against any third party who provides advertising for Marketwire, or against any other third party who otherwise uses the Content with Marketwire's permission (collectively hereinafter referred to as "the Indemnitees"), or against any Partner, arising from the distribution, broadcast, filing or display of any Content provided by Client to Marketwire or, from any breach by Client of this Agreement, or, based upon the inaccuracy of any warranty or representation made by Client herein, or, based upon the contention that the Content defames or slanders any third party or, based upon the contention that the Content violates any provision of state or federal law or the intellectual property rights of any third party, Client shall indemnify, defend, and hold the Indemnitees harmless in connection with the claims made in the legal proceeding. Included in Client's obligation to indemnify, defend, and hold the Indemnitees harmless is the obligation to pay all attorneys' fees, expert witness fees, costs, and expenses incurred or to be incurred by the Indemnitees in connection with the defense of the legal proceeding (even if the legal proceeding is without merit).
http://www.marketwire.com/Marketwire_Terms_of_Service
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