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Terms and Conditions

DISCLAIMER: AS WITH ALL PR AND MARKETING CAMPAIGNS, INDIVIDUAL RESULTS WILL VARY DUE TO NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY NEWSWIRE SERVICE, INCLUDING THE VALUE OF NEWS CONTENT BEING DISSEMINATED. SHINYPEN/SHINYPEN.COM CANNOT GUARANTEE ANY MEDIA RESPONSE OR ANY SPECIFIC MEDIA PLACEMENT IN PRINT OR BROADCAST, WHICH IS MOST OFTEN BASED ON THE "NEWSWORTHINESS" OF WHAT IS BEING ANNOUNCED, AND NOT THE SERVICE PROVIDED. ALL SERVICES ARE OFFERED AND PROVIDED SUBJECT TO OUR TERMS OF SERVICE (TOS).

TERMS AND CONDITIONS OF SERVICE (TOS):

Shiny Pen is a division under shinypen.com and George Page.

Revised Apr. 2008

Thank You For Choosing Press Release Creation and Distribution Services from Shiny Pen.
Specifically these terms of service (TOS) limit our liability related to the accuracy of your news content, and include specific terms for news distribution through various newswire systems which must adhere to FCC and SEC regulations. Additional terms relate to the use of PayPal for non-refundable purchase of our services. You may request a copy of these terms in writing, by e-mail to: info@shinypen.com.

These TOS apply to all Shiny Pen/shinypen.com service plans.

I) News Content and Accuracy
You are responsible for the content and accuracy of all news copy and information submitted to Shiny Pen/shinypen.com. Because of the volume of copy and information submitted to Shiny Pen/shinypen.com, Shiny Pen/shinypen.com cannot be responsible for verifying any facts contained therein. You represent and warrant to Shiny Pen/shinypen.com that (i) You have the right to deliver to Shiny Pen/shinypen.com all copy and information submitted to it and (ii) no copy or information submitted by You will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person. You shall indemnify and hold harmless Shiny Pen/shinypen.com and its affiliated companies from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by You of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the information and/or copy provided by You. Shiny Pen/shinypen.com reserves the right to reject or edit copy when necessary in its judgment. All news copy, photographs, video and audio files processed shall be the property of Shiny Pen/shinypen.com. Shiny Pen/shinypen.com endeavors to disseminate promptly and accurately all news, which it processes. Any inadvertent errors by Shiny Pen/shinypen.com will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Shiny Pen/shinypen.com in this regard. Shiny Pen/shinypen.com is not warranting or insuring that Shiny Pen/shinypen.com' services will be free from errors, omissions, interruptions, delay, losses or defects, whether human or mechanical. Shiny Pen/shinypen.com makes no warranties, expressed or implied, as to its services, including but not limited to any warranties or merchantability or suitability for print or broadcast. In no event will Shiny Pen/shinypen.com be LIABLE to You and/or Your Client(s), including for any indirect, consequential, special, exemplary or incidental damages. By its submission of copy and other information to Shiny Pen/shinypen.com, You agree to be bound by the foregoing Conditions of Service.

II) Payment and Delivery of Services
All press release services are offered to You and/or Your Client(s) subject to Shiny Pen/shinypen.com' Terms of Service (TOS). Placing an order and submission of content is considered a legal "contract" to engage Shiny Pen/shinypen.com to provide services to You, in lieu of a signed agreement. Shiny Pen/shinypen.com guarantees that it will provide the services ordered, but there is no guarantee to You as to the effectiveness of any service due to the value of the news being announced, editorial focus of receiving media channel, and/or local, regional, or world events, or any other reason. There will be no refunds for Shiny Pen/shinypen.com services ordered by You or Your Authorized Agent(s) for any reason, and orders cannot be canceled once placed. Shiny Pen/shinypen.com makes no claim of suitability of service for any purpose, nor offers any performance warranty to You. Shiny Pen/shinypen.com Services are not offered to You "on approval" and will not qualify for any adjustments with your financial institution based on your perceived satisfaction or dissatisfaction with any aspect of Shiny Pen/shinypen.com' service. By placing your order you are stating that you understand the preceding and are agreeing to be bound by these terms of service. If you do not agree, you may not order services from Shiny Pen/shinypen.com.
Shiny Pen strives to have the highest levels of customer satisfaction, follow through, credibility and performance in the PR industry for our clients. We bring this capability to every project, however You and/or Your Client(s) are ultimately responsible for the "value" or "newsworthiness" of the content you submit to us. We are a vehicle, but we have no control over how media will respond to your content.

III) Shiny Pen Distributions
Including Newswire Distribution through Comtex, Thomson-Dialog, eReleases, and PR Newswire
PR Newswire facilities are governed by Federal and State regulations. You are responsible for the content and accuracy of all news copy and information submitted to them via Shiny Pen/shinypen.com. Because of the volume of copy and information submitted to PR Newswire and eReleases via Shiny Pen/shinypen.com, PR Newswire, eReleases and Shiny Pen/shinypen.com cannot be responsible for verifying any facts contained therein. You represent and warrant to PR Newswire, eReleases and Shiny Pen/shinypen.com that (i) You have the right to deliver to PR Newswire and eReleases all copy and information submitted to it and (ii) no copy or information submitted by You will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person. You shall indemnify and hold harmless eReleases, PR Newswire, its affiliated companies and Shiny Pen/shinypen.com from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by You of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the information and/or copy provided by You. PR Newswire and eReleases reserve the right to reject or edit copy when necessary in its judgment. All news copy, photographs, video and audio files processed shall be the property of PR Newswire or eReleases. PR Newswire and eReleases endeavors to disseminate promptly and accurately all news, which it processes. Any inadvertent errors by PR Newswire or eReleases will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of PR Newswire or eReleases in this regard. PR Newswire and eReleases are not warranting or insuring that PR Newswire's or eReleases’s services will be free from errors, omissions, interruptions, delay, losses or defects, whether human or mechanical. PR Newswire and eRelease makes no warranties, expressed or implied, as to its services, including but not limited to any warranties or merchantability or suitability for print or broadcast. In no event will PR Newswire or eReleases be LIABLE to You, including for any indirect, consequential, special, exemplary or incidental damages. By its submission of copy and other information to PR Newswire or eReleases via Shiny Pen/shinypen.com, You agree to be bound by the foregoing Conditions of Service.

IV) MISC.
 Deposit Services
For distributions, the client acknowledges understanding that these prepaid services are non-refundable and can only be used for services ordered.
For distributions, the client acknowledges understanding that these prepaid services are non-refundable and can only be used for services ordered.
Shiny Pen Newsline
News distributed via Comtex, Reuters, LexisNexis, Thomson-Dialog, eReleases, and/or PR Newswire may contain newswire credits or by-lines from these systems.
 
Persistence of News Content
Shiny Pen news content shall, in most cases, remain online in perpetuity and the "article" version(s) created by our editorial staff may vary from your actual press release subject to our content and editorial policies. The "article" version of your news story becomes the exclusive editorial property of Shiny Pen in the exact way that a newspaper may create a story based on your news and cannot be removed on request except in issues related to slander/libel or other similar legal matter. All materials posted online are permanently archived or "cached" by numerous data systems and can never be fully removed from the Internet. Most sites that run verbatim copies of your news release content will expire within one week to three months. Conversely there is no guarantee content will be online in perpetuity. You may still request content older than 12 months be removed for a nominal fee from ShinyPen.com (however this option may not be possible with other websites). Shiny Pen/shinypen.com has no control over how news is used on other websites which will vary from aggregators, news clone sites, blogs, splogs, newspaper and magazines, radio and TV based sites, RSS, and clipping services. Generally it is nearly impossible to "retract" a release after it has gone out.
 
Accuracy of Transmitted Text
While Send2Press and associated wire services will do their best to correct your mistakes such as spelling, grammar, and typographic errors whenever possible, there is no guarantee that all errors existing in provided copy will be fixed, nor are we under any obligation to do so. You should provide a proper, correct news release if you wish it to be error free when transmitted to the media and online. If you make a serious error, a "correction" can be issued without cost the same day as transmitted (during our normal business hours)  and a re-transmission fee would be charged if issued at a later date.  (retransmission to media will incur cost of new release).

Please keep copies of your order receipts, news form copies, and related materials for your records. Shiny Pen/shinypen.com is under no obligation to provide copies of these materials at a later date.
BY SUBMITTING THIS ORDER / FORM YOU ARE AGREEING TO BE BOUND BY THE FOREGOING TERMS AND CONDITIONS OF SERVICE (TOS). IF YOU DON'T AGREE, YOU MAY NOT ORDER SERVICES FROM SHINY PEN/SHINYPEN.COM. SUBMISSION OF YOUR ORDER / FORM WILL BE CONSIDERED A LEGALLY BINDING AGREEMENT UNDER THE LAWS OF THE U.S. AND THE STATE OF TEXAS.

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