Introduction

KissPR.com (the “Website”) is owned and operated by Oxygen Marketing LLC, a Texas limited liability company with a principal place of business located at 801 E. Campbell Road, Suite 380, Richardson, Texas 75081 USA (“Oxygen”). These Terms of Use explain Oxygen’s obligations to you as a Website visitor and your obligations to Oxygen in relation to your use of this Website. Do not use this Website unless you have read these terms and conditions and agreed to obey each and every one of them.

Privacy Policy

The Website’s Privacy Policy is incorporated into these Terms of Use as if set forth at length. To the extent there is a conflict between these Terms of Use and the Privacy Policy, the Privacy Policy shall prevail.

Services Guidelines

Oxygen’s Services Guidelines (“Guidelines”) are incorporated into these Terms of Use as if set forth at length. To the extent there is a conflict between the Guidelines and these Terms of Use, the provisions of the Guidelines shall prevail.

Fees and Payments

Registration for the Website is free. However, fees are charged for digital marketing and distribution Services (the “Services”). Services will not be provided until payments have been processed.

Oxygen is not responsible for any disputes related to agreements entered into between you and third parties with respect to the Services. Fees for the Services must be paid prior to provision of the Services. By entering your payment information, you authorize Oxygen (and its agents designated to handle processing of payments) to charge your account, whether you have provided credit card, debit card, PayPal or other financial information for purchase of the Services.

Providing payment information to use means you are giving Oxygen permission to use the information for your purchase of one or more Services. You also agree that recurring Services charges may be made using the payment information you provide for Services billed on a month-to-month basis.

Overdraft fees and other fees that may be incurred as a result of charges made to your account for Services are your responsibility. Fees charged for Services provided are not refundable.

Oxygen is not responsible for any charges for Services made by third parties to your credit cards, debit cards, PayPal accounts, or bank accounts. You are responsible for protecting such payment mechanisms from unauthorized use. Unless you provide Oxygen with written notice that your financial information has been compromised prior to the rendering of Services by Oxygen, payment made for such Services rendered by Oxygen and its distribution partners is non-refundable.

Disputes regarding account charges, or payment issues must be submitted in writing to Oxygen within thirty (30) calendar days of the charge to be considered.

Applicable taxes are the responsibility of users.

Content Publishing Rights

You agree that submitting, publishing or distributing content through Oxygen and its distribution network grants Oxygen a royalty-free irrevocable nonexclusive transferable sublicensable license for use of the content, and to conduct related activities in connection with writing and distribution. This license does not limit further licensing of your content to whomever else you may choose. Oxygen and its distributions partners are not liable for what happens to content submitted by you after it is released on the Internet. You are responsible for fees or other monies that may be owed in connection with content posted by you and/or distributed through the Services. You are also responsible for maintaining backup copies of your content, which is not guaranteed by Oxygen to be stored on the Website or elsewhere.

Prohibited Conduct

The FTC Act § 5 prohibits unfair or deceptive acts or practices in or affecting commerce. You are responsible for complying with this and other applicable laws with regard to the content you submit. You agree that you will only use this Website and the Services for lawful purposes that do not violate these Terms of Use, the Website Privacy Policy, or the Services Guidelines.

Prohibited conduct includes, but is not limited to, the following acts. If you violate any of these provisions, as determined in Oxygen’s sole discretion, Oxygen reserves the right to unilaterally suspend or ban your use of this Website and the Services immediately with or without notice to you, and to remove all offending content.

Violation of Distribution Partners’ Rules

You shall not use this Website or the Services in violation of the rules promulgated by Oxygen’s distribution partners for press releases and other Services as determined by Oxygen’s sole discretion.

Black Hat and Gray Hat Marketing Strategies and Tactics

As determined in Oxygen’s sole discretion, you shall not engage in online marketing strategies and tactics that are deemed “black hat” or “gray hat” by Google and other major search engines. Such banned activities include, but are not limited to, black hat backlinking to content on the Website or that of Oxygen’s distribution partners. Using advertising campaigns to drive traffic to such content or promote it in social media is also prohibited. This includes, but is not limited to, cost-per-action (CPA), pay-per-click (PPC), and cost-per-thousand-impressions (CPM) campaigns.

Business Opportunities

Without Oxygen’s express prior written permission, you shall not use the Website or the Services to promote, market, or advertise directly or indirectly on behalf of any “business opportunity” covered by the FTC’s Business Opportunity Rule, 16 C.F.R. § 437.1 et seq. (as amended). This includes, but is not limited to, comments, messages, and signature tag lines promoting a business opportunity.

Network Marketing Opportunities

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly on behalf of any network marketing opportunity a.k.a. multi-level marketing (MLM) opportunity. This includes, but is not limited to, comments, messages, and signature tag lines promoting such network marketing opportunities.

Stock Promotions

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly for the purchase or sale of securities (e.g. corporate stock) or other investments.

Interest-Bearing Loans

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly for loans that charge interest to the borrower.

Adult Entertainment

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly for adult entertainment, including but not limited to obscenity, erotica, and content related to nudism.

Alcohol, Marijuana, and Tobacco

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly for the purchase, sale, or use of alcohol, marijuana, or tobacco.

Psychics and Fortune-Telling

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly psychic or fortune-telling products and services. This includes, but is not limited to, astrology, tarot card readings, and psychic services.

Gambling

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly for gambling of any kind (legal or illegal), including but not limited to all games of chance played for money, prizes, or other items of value.

Litigation-Related Press Releases

You shall not use this Website or the Services to discuss pending or existing litigation without entering into a separate agreement with Oxygen that sets forth the terms and conditions of such content.

Religion-Related Press Releases

You shall not use this Website or the Services to discuss theology or to promote, market, or advertise directly or indirectly for any religion (organized or unorganized) or religious events.

Advertorials, Editorials, and Fiction

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly editorial content, advertisements disguised as editorial content (advertorials), or fictional content. Each press release must be accurate, factual, and contain newsworthy content as determined within the sole discretion of Oxygen.

Medication and Dietary Supplements

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly pharmaceuticals (prescription or non-prescription) or dietary supplements.

Trademarks and Service Marks

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly the trademarks or service marks of a third party without providing Oxygen with legal documentation in a form satisfactory to Oxygen that you have the legal right to use such marks.

Celebrities and Public Figures

You shall not use this Website or the Services to promote, market, or advertise directly or indirectly the name of a celebrity or public figure without providing Oxygen with legal documentation in a form satisfactory to Oxygen that you have the legal right to use such name.

Obscene and Offensive Content

Oxygen is not responsible for any obscene or offensive content that you receive or view from others while using this Website and the Services. However, if you do receive or view such content, please contact Oxygen using the Website Support Center so that Oxygen can investigate the matter.

Content submitted to Oxygen must be free of subject matter or images that are sexually explicit, obscene, or deemed inappropriate at Oxygen’s sole discretion, and may be rejected or deleted if found to be so. Oxygen does not assume responsibility for submissions deemed offensive or inappropriate.

Although Oxygen is not obligated to do so, Oxygen reserves the right to monitor, investigate, and remove obscene or offensive material posted to this Website. Oxygen reserves the right to take appropriate action against those who may be in violation of the law.

NoFollow Hypertext Links

Content submitted to Oxygen must comply with Google Webmaster Guidelines, including those governing link schemes. Per such guidelines, “NoFollow” hypertext links must be used in press releases.

Content Curation

As part of the Services, some customers have the ability to curate content licensed by Oxygen from third party sources. Oxygen does not screen curated content. If you curate content as part of the Services, you are solely responsible for complying with all applicable laws, including copyright laws, with respect to such curated content.

Disclaimers and Limitations on Liability

The information on this Website is provided on an ”as is,” ”as available” basis. You agree that your use of this Website is at your sole risk. Oxygen disclaims all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Oxygen does not warrant that this Website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in this Website will be corrected.

Information on this Website should not necessarily be relied upon and should not to be construed to be professional advice from Oxygen. Oxygen does not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance upon such information.

If you become a customer, as part of search engine optimization (SEO) and search engine marketing (SEM), we may be posting content to your current social media accounts. This content includes, but is not limited to the following:

[Distribution Sites ].

Oxygen will not intentionally post any content that is controversial or may place you in an adverse situation. However, the Internet community includes some irrational and mentally ill people who may take offense to anything posted in social media, competitors who engage in unethical behavior, and Internet “trolls” who start arguments and make personal attacks to harass, cause discord, and for other unsavory motives beyond our control.

For these reasons, Oxygen cannot guarantee no one will be offended by social media content Oxygen and its employees and agents post for you.

You understand and agree that in no event is Oxygen liable or responsible for any indirect, incidental, consequential, special or exemplary damages of any kind, including without limitation, lost profits or lost opportunities, arising from content posted to your social media accounts, whether seen or unforeseen, excepting only claims for gross negligence or intentional tort.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Website shall be to discontinue using the Website and Oxygen’s Services.

Under no circumstances will Oxygen or its distribution partners be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to this Website, your Website use, or the content, even if advised of the possibility of such damages.

Oxygen’s total liability for any claim arising out of or relating to this Website shall not exceed one hundred (US $100) dollars and that amount shall be in lieu of all other remedies which you may have against Oxygen, its principals, agents, or its distribution partners. Any such claim shall be subject to confidential alternative dispute resolution as described later in these Terms of Use.

External Links

This Website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. Oxygen does not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.

Unless otherwise expressly stated by Oxygen, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or Services offered on the websites.

Oxygen permits links to this Website if they do not imply an endorsement by, or affiliation with, this Website absent written consent.

Oxygen reviews the Website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. Please note that links to external websites may expire over time. Such expiration is beyond our control. To report problems with links on our website, or for more information about this policy, please notify Oxygen using the Website’s Support Center.

License

You understand and agree that your use of this Website is limited and non-exclusive as a nontransferable revocable licensee. Oxygen may terminate your license to use this Website, and access to this Website, for any reason, and without giving you notice.

Copyrights and Trademarks

Intellectual Property Ownership

Third party trademarks, service marks, and copyrighted material that appear on this Website are licensed by Oxygen. Oxygen makes no claim of ownership to such intellectual property.

All other content on this Website is owned by Oxygen and its other content suppliers, such as stock photography Services. On behalf of Oxygen and its content suppliers, Oxygen claims all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. Oxygen will prosecute to the fullest extent of the law anyone who attempts to steal intellectual property.

You agree not to copy content from the Website without Oxygen’s prior written permission. Any requests to use Website content should be submitted using the Website Support Center located at this link.

If you believe that your trademark or service mark has been infringed upon by Website content, please notify Oxygen using the Website’s Support Center or by sending mail to:

Oxygen LLC
801 E. Campbell Road, Suite 380
Richardson, Texas 75081
USA

Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

Digital Millennium Copyright Act (“DMCA”) Notice

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

This Website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Oxygen LLC. All rights reserved.

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This, of course, excludes the downloading and temporary caching of this Website on a personal computer for the explicit purpose of viewing this Website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Website.

DMCA Provisions

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

Oxygen and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, Oxygen and/or the ISP for this website will block access to the allegedly infringing material. Oxygen and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

Notification of Claimed Copyright Infringement

Please send DMCA notifications of claimed copyright infringement to:

THE WEBSITE OWNER

Copyright Agent

KissPR.com

Oxygen Marketing LLC

801 E. Campbell Road, Suite 380
Richardson, Texas 75081
USA

You may wish to send a courtesy copy of your notice to Oxygen using the Website’s Support Center.

THE INTERNET SERVICE PROVIDER (“ISP”)

Copyright Agent

[WP Engine Address: 504 Lavaca St #1000, Austin, TX 78701]

To file a notice of infringement with either Oxygen or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, you should first contact an attorney.

To expedite the ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
  1. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
  1. Provide information reasonably sufficient to permit Oxygen or the ISP to contact you (e-mail address and a phone number are required at a minimum).
  1. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”
  1. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

Counternotification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, Oxygen and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counternotification with Oxygen and/or the ISP. If Oxygen and/or the ISP receives a valid counternotification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

Oxygen and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless Oxygen and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

Indemnity and Defense

You understand and agree that you will indemnify, defend and hold Oxygen, its principals, and agents harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of this Website or your violation of these Terms of Use.

Notices and Announcements

When you provide Oxygen with your email address, you authorize Oxygen and its agents to notify you of information that Oxygen deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and Services or other information pertaining to products, services and/or other relevant matters.

Oxygen fully endorses and complies with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws. For example, California’s anti-spam law, Cal. Bus. & Prof. Code § 17529, may apply if you are using or sending to a California electronic mail address, and in other limited circumstances.

If you subscribe to electronic newsletters or other communications from Oxygen or this Website, you will always have an option to unsubscribe immediately.

Breach

You agree that your failure to abide by any provision of these Terms of Use, any Oxygen operating rule or policy, or any dispute policy may be considered by Oxygen to be a material breach of these Terms of Use and that Oxygen may, in its sole discretion, elect to deny you access to this Website and use of the Services. Any such breach by you will not be deemed to be excused simply because Oxygen did not act earlier in response to that, or any other breach, by you.

Representations and Warranties

You represent and warrant that: (i) the information that you or your agent on your behalf provide to Oxygen during the registration for Oxygen service(s) is, accurate and complete, and that any future changes to this information will be provided to Oxygen in a timely manner; (ii) you have all requisite power and authority to execute these Terms of Use and to perform your obligations hereunder; and (iii) you are of legal age to enter into these Terms of Use.

Release

You release Oxygen, its members, officers, contractors, agents, employees, affiliates, successors, and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Severability

You agree that the terms of these Terms of Use are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Entirety

You agree that these Terms of Use and the Website’s Privacy Policy are the complete and exclusive agreement between you and Oxygen regarding use of this Website as a visitor. Any other relationship between you and Oxygen is governed by separate agreements as described above in these Terms of Use.

Governing Law and Dispute Resolution

Oxygen is controlled, operated, and administered entirely within the State of Texas USA. The laws of the State of Texas shall govern these Terms of Use for all matters, including dispute resolution.

Mediation

If a dispute arises between you and Oxygen, you agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Dallas County, Texas USA. You agree that this mediation will be kept confidential. Mediation fees and costs shall be split equally, and each party is solely responsible for their respective lawyer fees.

Arbitration

If it proves impossible to arrive at a mutually satisfactory solution through mediation, you agree to submit the dispute to confidential binding arbitration at the following location: Dallas County, Texas USA. Arbitration shall be held under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Binding Agreement

By using this Website, you acknowledge that you have read and agree to be legally bound by all terms and conditions in these Terms of Use and any pertinent rules or policies that are or may be published by Oxygen on this Website.

Changes to these Terms of Use

Oxygen reserves the right to change these Terms of Use at any time. Please check this page periodically for changes.

Your continued use of this Website following the posting of changes to these Terms of Use will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

These Terms of Use were last updated on March 9, 2016.
Copyright © 2009-2016 Law Office of Michael E. Young PLLC, and licensed for use by Oxygen Marketing LLC at KissPR.com. All Rights Reserved. No portion of these Terms of Use may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.