Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to Comfacts.com (the “Site”), owned and maintained by News2u Inc. Use of the Site is provided to you subject to the following terms and conditions of use. These terms of use, together with any such additional terms and conditions, are referred to as the “Terms of Use”. In these Terms of Use, the words “you” and “your” refer to registrant or user using this site (each, a “Member”), and “we”, “us”, “our” and “Comfacts” refer to Comfacts.com and “Services” refers to all services provided by us. We reserve the right, in our discretion, to change or modify any or all of the Terms of Use at any time, effective immediately upon the posting of the revised Terms of Use on the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THIS IS A LEGALLY BINDING AGREEMENT.

Your use of the Site constitutes your binding acceptance of these Terms of Use, as amended from time to time, and our Privacy Policy, found at http://comfacts.com/info/privacy_policy, incorporated herein by reference. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site.

2. CREATING AN ACCOUNT

You may create an account with us either as (i) an individual member by which you need to provide us with an email address and other information as requested on the registration form, or as (ii) a corporate member authorized by your company to create its account with us. Corporate members must provide (a) the corporate email address, and (b) their personal LinkedIn contact information and other information requested on the registration form. An individual member is referenced as a “Member” and each corporate member is referred to as “Corporate Member.”

Following the creation of a Corporate Member account, Comfacts will provide Corporate Members with a ninety (90) day free trial period for the News Room Services. Following the expiration of the trial period, you agree that we may charge you for the News Room services as set forth in Section 4 below.

In connection with the creation of a Member account on our Site, you will choose a user name and password for you to use to access our Site. After you log in, you will receive instructions that will guide you through uploading releases and associated images and provide other useful information to you that will enable you to create your site.

Comfacts reserves the right to refuse registration of, or cancel an account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Comfacts user name and password.

You represent and warrant that you are of legal age to form a binding contract and become subject to these Terms of Use. Comfacts may, in its sole discretion, refuse to offer the Services to any person and may also change its eligibility criteria at any time. You further hereby acknowledge and agree that, in the event that the Services or use of the Services or access to the Site is prohibited or becomes prohibited, then your right to access is revoked, and you agree not to use or access the Site or Services in any way.

3. DESCRIPTION OF SERVICES

Directory service

Following the creation of a Corporate Member account with us, Comfacts will provide such Corporate member with an online directory of all social media network accounts created or authorized by you (“Directory”), which Directory is created by you and made available for viewing on your website (“Corporate Member's Site”). Although the Directory will be maintained by us, Corporate Members are solely responsible for the content of the Directory. Any Member, Corporate Member, or a third party will be able to access Corporate Member's Site to view such Directory. Members and Corporate Members will be able to add content, including, but not limited to, wall postings corresponding to such social media network accounts listed in the Directory on Corporate Member's Site. Corporate Members must regularly review the Directory and/or wall postings corresponding to the Corporate Member Site and are authorized to add, delete, or otherwise modify the information in the Directory and/or wall postings to (its own) Member's Site.

News Room service

Corporate Members will receive access to the News Room service upon the creation of your account. News Room is a hosted solution for Corporate Member's social media network content management and other communications needs. Following an initial trial period beginning on the date of the creation of the account, the News Room service shall be a paid service requiring a monthly payment set forth in Section 4 below. Content on Corporate Member's News Room page may be updated by postings from Corporate Member's authorized employees or agents only. We will collate and update social media content and news on Corporate Member's Site in real time and use share links (including plug-in and/or widget functionality) to allow visitors to a Corporate Member's News Room page to link to its social media network sites. Corporate Member's Site's News Room page presents a comprehensive view of your up-to-date online content to visitors.

Any of Member, Corporate Member, or a third party will be able to access a Corporate Member's News Room to view Corporate Member related content in News Room. Corporate Members are responsible for regularly reviewing content in News Room to ensure such content to maintain its accuracy and completeness. The News Room has tools to add, delete, or otherwise modify content.

YOU AGREE THAT AS BETWEEN YOU AND COMFACTS, COMFACTS SHALL HAVE NO RESPONSIBILITY AND NO LIABILITY WHATSOEVER REGARDING (i) CONTENT DELETED FROM, OR (ii) CONTENT (INCLUDING SUCH CONTEN'T ACCURACY OR COMPLETENESS) POSTED TO A CORPORATE MEMBER'S SITE BY ANY PERSON, MEMBER OR CORPORATE MEMBER.

Comfacts™ and News Room are the services (the “Services”) provided by us to you. From time to time, we may make changes to the Services, and/or add services to those Services provided to Members and Corporate Members; provided, however, that such changes and/or additions shall posted in a revised version of these Terms of Use.

Third Party Site(s)

As part of the Services, we may provide access to you to certain third party sites (Third Party Site(s)), provided, however, in providing such access and link to the Third Party Site, Comfacts is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of that Third Party Site, or any changes or updates to such Third Party Site. We are providing the link to you only as a convenience, and such provision does not imply endorsement by Comfacts of the Third Party Site. You acknowledge and agree that you bear all risks associated with access to and communication with the Third Party Site and agree that Comfacts is not responsible for any loss or damage of any kind that you may incur from dealing with a third party.

In connection with your Member account, we will provide you with a secure portal to our dashboard to allow you to manage and control your release activity.

4. FEES AND PAYMENT

For Members that are corporate members, you agree that following a ninety (90) day free trial period (beginning on the date that Member creates an account as set forth in Section 2), Comfacts shall be authorized to charge Member three hundred and fifty dollars ($350) per month (the “Monthly Charge”) for the Services. Member agrees to accept such Monthly Charge, which shall be made against Member's PayPal account no later than 30 days following the provision of the corresponding Services to Member.

Prior to the expiration of the ninety (90) day free trial period, Member may avoid the implementation of the Monthly Charge, by changing its preferences on the Site or by notifying Comfacts by email sent to support at news2u.com that, following the expiration of the trial period, Member elects to receive only the Comfacts service, and will no longer accept the News Room service. In such event, (i) the Monthly Fee will not be implemented against Member's account, and (ii) Member's News Room service will be disabled. Within five (5) days following Member's such notification, any and all Member content in News Room will be deleted by Comfacts. Comfacts shall have no further obligations with regard to any such Member's content in News Room.

Following the expiration of the ninety (90) day free trial period, at the end of any subsequent thirty (30) day period, Member may elect to receive only the Directory service from Comfacts. In such event, following Member's notification by email sent to support at news2u.com of such election, Comfacts shall (i) suspend the Monthly Charge against Member and (ii) disable Member's News Room service. The Monthly Charge shall be suspended as of the date of such notification; provided, however, that Member agrees to pay the Monthly Charge for Services received (x) after the expiration of the ninety (90) day free trial period and (y) before the date of Member's notification letter. Within thirty (30) days following Member's such notification, any and all Member content in News Room will be deleted by Comfacts. Comfacts shall have no further obligations with regard to any such Member's content in News Room.

5. RIGHTS AND OBLIGATIONS OF MEMBER

You are solely responsible for the content and accuracy of any and all information including press releases (“Submitted Materials”) posted on or transmitted to Member's Site. We will not be responsible for verifying the accuracy of such information. Your use of your account, Member's Site or our Site for any illegal purpose or activity is a violation of these Terms of Use and shall be grounds for our termination of this agreement with you.

Except as provided expressly herein, you may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment or delegation shall be ineffective.

You agree to protect your account, and the security of Member's Site and our Site by guarding your user name and password. If you have reason to believe that your account or user name or password has been compromised or if there has been any unauthorized use of any of the above, you agree to contact us immediately via email at support at news2u.com.

A Member or Corporate Member may cancel the Services and may terminate the account at any time by changing its preferences on the Site or by notifying Comfacts by email sent to support at news2u.com. Following a cancellation of Services and termination of the account, Comfacts will delete all content corresponding to the Services, within thirty days.

6. RIGHTS AND OBLIGATIONS OF COMFACTS

Comfacts is not the publisher or author of your Submitted Materials. We disclaim all copyright and ownership in such Submitted Materials and all responsibility for such. If we determine in our sole discretion that information posted by you to the Site proposes a threat to the proper technical operation or the security of the Site, we reserve the right to delete that information.

Comfacts reserves the right to (i) reject or edit Submitted Materials, (provided that material edits to the Submitted Materials will not be completed without your consent); (ii) to remove any press releases from the Site, and (iii) remove any press release from distribution or deny approval to any press release. Comfacts can remove Submitted Materials from its Site only, and makes no representation or warranty that Submitted Materials will be removed from any other site.

Comfacts takes reasonable precautions to protect your information including Submitted Materials from loss, misuse and unauthorized access, disclosure, alteration and destruction. Due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that Submitted Materials will be absolutely safe from intrusion by others, such as hackers. Any unauthorized access to or use of the Site or information collected and maintained by the Site should be immediately brought to the attention of Comfacts. We will investigate and if necessary, take action to prevent or halt any such unauthorized access or use of which we become aware.

7. USE OF COMFACTS CONTENT

You acknowledge that the Site contains information, text, software, forms, graphics, links and other material (collectively, the "Comfacts Content") that are protected by copyright, trademark or other proprietary rights of us or third parties. You agree to comply with any additional copyright notices, information, or restrictions contained in any content available on or accessed through the Site.

You may download or copy any Comfacts Content owned by us, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain content contained on the Site, do not download or copy it without first contacting us (e.g., Comfacts Content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Comfacts Content, in whole or in part, without our prior written consent, except as expressly permitted in the Terms of Use or under applicable law. Comfacts Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.

8. PROPRIETARY RIGHTS

The Site is owned and operated by Comfacts, Inc. All right, title and interest in and to the Comfacts Content is owned either by us or by our respective third party authors, developers or vendors. Except as otherwise expressly provided by us, none of the Comfacts Content may be copied, reproduced, republished, downloaded, displayed, transmitted or distributed in any way and nothing on the Site shall confer any license of any Comfacts intellectual property right, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by us.

9. PRIVACY POLICY

Please review our complete Privacy Policy at http://comfacts.com/info/privacy_policy to learn more about how we collect and use information provided by you via your access to the Site and use of our Services.

In the event that Comfacts, or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, our databases containing contact information may be one of the transferred assets. In using our Services, you consent to such transfer.

Comfacts shall disclose information provided by you to the extent required by law through subpoena, search warrant or other legal process or requirement or as necessary to protect the rights, property or safety of Comfacts or others.

You acknowledge that your email communications with us might not be secure, and that a third party could hack into the Site and view any information you send by email in transit. Comfacts will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission.

10. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Comfacts Content, without prior notice or liability.

11. WARRANTIES; DISCLAIMER

You represent and warrant to us that (i) you have the right to deliver the Submitted Materials to us, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children's Online Privacy Protection Act of 1998 and the CAN-SPAM Act, and (iii) Submitted Materials will not contain any content that is obscene, libelous, or defamatory, false or misleading or which violates any copyright, right of privacy or publicity or right of any other person.

Your use of this Site is at your own risk. If you are dissatisfied with the Site or any Comfacts Content, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. COMFACTS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES COMFACTS WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE COMFACTS CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE COMFACTS CONTENT ARE PROVIDED TO YOU "AS IS". NONE OF COMFACTS, ITS THIRD PARTY CONTENT PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY COMFACTS CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU.

You specifically acknowledge and agree that Comfacts and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Comfacts Content made available through the use of the Site, will be free of viruses or destructive materials and we shall not be liable, for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, or use of the Site or the server that makes it available, or your downloading of any Comfacts Content from the Site.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMFACTS AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER COMFACTS, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

13. MISCELLANEOUS.

The Terms of Use shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and the parties irrevocably consent to bring any action to enforce the Terms of Use in the federal or state courts located in New York. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except as provided herein.

IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.

Last Updated: October 29, 2012

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