Press Release Submission Terms and Disclaimer

  1. Submission; Review and Publication Discretion. By purchasing and submitting a press release for publication (the “Press Release”) on or through Entrepreneur Media LLC’s (“EM”) website (Entrepreneur.com) and other distribution channels (collectively, the “Platform”), you (“you” or “your”) agree to these Press Release Submission Terms and Disclaimer (the “Terms”). You agree, at your sole expense, to prepare and submit the Press Release for review and possible approval by EM in its sole discretion. EM is not obligated to approve, publish, distribute, or promote any Press Release. EM may, in its sole discretion, accept, reject, remove, non-materially edit, reformat, or translate each Press Release, or otherwise determine when, where, and how any Press Release is published, displayed, or distributed on or through the Platform. Payment of the Fee does not guarantee publication, continued publication, placement, timing, distribution, promotional support, or any minimum duration of publication. Approved Press Releases will remain published without a fixed end date, subject to EM’s takedown rights and your right to request voluntary removal under Section 3.
  2. Fees. Access to Press Release publication on the Platform is offered on a flat fee per-Press Release basis (the “Fee”), as set forth on the Platform at the time of submission. The Fee is due and payable in full at the time of submission of the Press Release, and no charge will be assessed before you submit the Press Release. EM reserves the right to change the Fee at any time, provided that any change will not apply to Press Releases for which the Fee has already been paid. 
  3. Refunds; Changes to Press Releases; Suspension of Services.
    1. Pre-Publication Rejection by EM. If EM declines to publish your Press Release for any reason prior to publication, you will receive a full refund of the Fee paid for that Press Release. EM will notify you of any rejection via email to the address associated with your account.
    2. Pre-Publication Cancellation by You. If you cancel your Press Release at any time prior to publication, you will receive a full refund of the Fee paid for that Press Release. 
    3. Pre-Publication Changes. You may submit changes or corrections to your Press Release to EM at any time prior to publication at no additional charge. EM does not guarantee that requested changes will be accepted or that the revised Press Release will be approved for publication. 
    4. Takedown or Removal by EM. EM may take down any Press Release at any time in its sole discretion and will use reasonable efforts to notify you via email as soon as reasonably practicable. Refunds for EM-initiated takedowns are as follows: (i) if the takedown is for cause (meaning attributable to your breach of these Terms, including the representations and warranties herein, or your violation of applicable law), no refund will be issued for the applicable Press Release, unless otherwise agreed by EM in writing; (ii) if the takedown occurs without cause and occurs before the Press Release has been published for a total of six (6) months, you will receive a full refund for the applicable Press Release; and (iii) if the takedown occurs without cause and occurs after a total of six (6) months of publication, no refund will be issued for the applicable Press Release.
    5. User-Requested Takedown After Publication. If you request removal of a published Press Release, EM may, but is not obligated to, issue you a refund in its sole discretion and in consideration of the circumstances. EM will use reasonable efforts to remove the Press Release from third-party sites, but cannot guarantee its removal. Under no circumstance will EM issue a refund for any Press Release that has been published for longer than a total of six (6) months. 
    6. Post-Publication Changes. If you wish to make any changes, corrections, or amendments to a published Press Release, you must purchase a new Press Release slot and submit a new Press Release, unless otherwise agreed to by EM in writing. 
    7. Suspension and Termination. EM may suspend or terminate your access to the Platform at any time for any reason, including without limitation in the event of your breach of these Terms or violation of any applicable law. No refund will be issued upon suspension or termination pursuant to this Section 3(g).
  4. Representations and Warranties. You represent and warrant that: (a) all content, facts, claims, statements, quotations, data, and other materials in the Press Release are accurate, complete, truthful, substantiated, and not misleading; (b) you have the full legal right, power, and authority, and all necessary licenses, consents, and approvals, to submit the Press Release for publication and to grant the rights granted herein; (c) the Press Release is your original work or you have all rights necessary for its use as contemplated herein; (d) the Press Release, and EM’s exercise of its rights therein, will not infringe, misappropriate, defame, disparage, or otherwise violate any intellectual property right, right of privacy or publicity, confidentiality obligation, contract right, or other right of any third party; and (e) the Press Release complies with all applicable federal, state, local, and foreign laws, rules, and regulations, including those relating to advertising, endorsements, testimonials, consumer protection, data privacy, intellectual property, and securities laws.
  5. No Duty to Review or Verify. EM does not independently review, investigate, verify, or endorse any Press Release. Any publication is made solely in reliance on your representations, warranties, and covenants. You acknowledge that the Press Release constitutes paid, sponsored, or user-supplied content, and EM may label it accordingly.
  6. Ownership; License; Editing Rights. As between you and EM, you retain ownership of the Press Release, subject to the rights granted herein. You grant EM a non-exclusive, worldwide, royalty-free, sublicensable right and license to reproduce, publish, distribute, transmit, syndicate, display, non-materially edit, reformat, excerpt, translate, and otherwise use the Press Release, in whole or in part, in any and all media, formats, and channels now known or hereafter developed. EM may edit any Press Release to meet its editorial, legal, technical, platform, partner, or space requirements. You acknowledge and agree that EM cannot prevent third parties from downloading, reproducing, editing, distributing, retransmitting, or otherwise using any Press Release once published or distributed.
  7. Indemnification. You agree to indemnify, defend, and hold harmless EM, its affiliates, and its and their respective officers, directors, managers, members, employees, agents, representatives, contractors, successors, and assigns (collectively, “EM Parties”) from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (i) the Press Release or any content, material, data, or other information included in or relating to the Press Release; (ii) any actual or alleged breach of these Terms, including any representations, warranties, or covenants contained herein; (iii) your negligence, willful misconduct, fraud, or violation of any applicable law, rule, or regulation; or (iv) any actual or alleged infringement, misappropriation, defamation, trade disparagement, false advertising, misleading statement, or violation of any third-party right. EM shall have the right to control the defense and settlement of any indemnified claim, and you shall fully cooperate with EM in connection therewith.
  8. Disclaimer of Warranties. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, ANY DISTRIBUTION SERVICES, AND ANY PUBLICATION OF THE PRESS RELEASE ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PRESS RELEASE WILL BE APPROVED, PUBLISHED, DISTRIBUTED, DISPLAYED, REMAIN AVAILABLE, OR ACHIEVE ANY PARTICULAR REACH, PLACEMENT, PERFORMANCE, OR RESULT.
  9. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY EM PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR LOST PROFITS DAMAGES, OR FOR ANY LOSS OF DATA, BUSINESS, REVENUE, GOODWILL, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THE PRESS RELEASE, THE PLATFORM, ANY DISTRIBUTION OR NON-DISTRIBUTION OF THE PRESS RELEASE, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ANY EM PARTY EXCEED THE LESSER OF THE AMOUNT PAID BY YOU TO EM FOR THE APPLICABLE PRESS RELEASE GIVING RISE TO THE CLAIM, OR $500. NOTHING IN THESE TERMS LIMITS OR EXCLUDES, OR WILL BE DEEMED TO LIMIT OR EXCLUDE, ANY EM PARTY’S LIABILITY FOR FRAUDULENT MISREPRESENTATION OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
  10. Relationship to General Terms of Service; Entire Agreement; Modification. These Terms are incorporated into and supplement EM’s general Terms and Conditions and Privacy Policy (collectively, the “General Terms”), each of which remains in full force and effect and continues to apply to your access to and use of the Platform. In the event of any conflict between these Terms and the General Terms on a matter specifically addressed in these Terms, the General Terms shall control. These Terms, together with the General Terms, constitute the entire agreement between you and EM with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings with respect thereto. EM shall have the right, at its discretion, to modify, add, or remove provisions of these Terms at any time and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such modifications.