XPR Media - Terms of Service

Welcome to XPR Media. These Terms of Service ("Terms") govern your access to, and use of the services ("Services") provided by XPR Media, including content syndication, distribution, and analytics services.

By accessing or using the Services, you ("Customer") agree to be bound by these Terms. By you and customer we include all agencies registered and submitting content syndication in the XPR Media network.

1. Eligibility

You must be at least 18 years old and authorized to act on behalf of your company or organization. XPR Media only works with professional agencies (PR, SEO, Marketing firms) and does not service direct end-customers.

2. Services

XPR Media provides content ingestion, syndication, distribution, and reporting services for submitted press releases and marketing materials across its publisher network. XPR Media reserves the right to review, publish and unpublish any content that doesn't adhere to our guidelines or policies. XPR Media may modify, suspend, or discontinue parts of the Services at any time.

3. Account Registration

You are responsible for maintaining the security and accuracy of your account information and all activities conducted through your account.

4. Content Submission and Responsibility

You acknowledge and agree that:

• You are solely responsible for all content ("Content") submitted to XPR Media.
• XPR Media does not create, edit, fact-check, or endorse the Content.
• XPR Media acts solely as a content distribution intermediary and has no editorial control over the Content once submitted and approved for syndication.
• All liability and legal responsibility for the Content, including its accuracy, legality, and compliance with applicable laws and third-party rights, rests solely with you.
• XPR Media reserves the right (but has no obligation) to review, reject, or request changes to Content at its sole discretion. You will be responsible for any modifications or cease and desist notices that should come to pass. XPR Media retains the right to remove any content upon any removal notice requests.

5. Intellectual Property and Infringement Protection

5.1 Ownership

You retain ownership or have rights provided by the third party of all Content you submit. However, by submitting Content, you grant XPR Media a worldwide, non-exclusive, royalty-free license to reproduce, distribute, publicly display, and otherwise use the Content for the purpose of providing the Services.

5.2 Representations and Warranties

You represent and warrant that:

• You own, control, or have secured all necessary rights, licenses, consents, and permissions to submit and distribute the Content through the Services.
• The Content does not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, contractual rights, or other legal rights.
• The Content complies with all applicable laws and regulations within the US Market.

5.3 Indemnification

You agree to fully indemnify, defend, and hold harmless XPR Media, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: any claim that the Content infringes or misappropriates any intellectual property or other proprietary rights; any violation of law, regulation, or third-party rights arising from the Content; any use or reliance by third parties (including publishers or end users) on the Content distributed through XPR Media's Services.

This indemnification obligation shall survive termination of the Terms or your use of the Services.

6. No Warranties; Disclaimer

XPR Media provides the Services "as is" and "as available" without a warranty of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, XPR Media disclaims all warranties, including but not limited to: the accuracy, completeness, or reliability of any distributed Content; any guarantee that syndication or publication will achieve any specific result.

XPR Media expressly disclaims any responsibility for Content errors, omissions, infringement, or unlawful material published through its network.

7. Limitation of Liability

To the maximum extent permitted by law:

• XPR Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or revenues, loss of data, or business interruption.
• XPR Media's total cumulative liability for any claim related to the Services shall not exceed the amount paid by you to XPR Media during the six (6) months preceding the claim.

8. Payment Terms

• Services are billed according to agreed packages or rate cards.
• Payment terms are Net 30 days from the invoice date unless otherwise specified in a Master Services Agreement (MSA).
• Interest charges of 1% per month may be applied to all delinquent accounts for all outstanding balances.
• Non-payment may result in suspension or termination of Services.

9. Termination

XPR Media may suspend or terminate Services immediately if you breach these Terms or fail to make timely payments.

Upon termination:

• You remain liable for all fees incurred.
• XPR Media may retain copies of Content as necessary for operational, archival, or legal purposes.
• Regardless of the content display duration originally purchased, upon termination, your content will immediately be removed from live distribution sites within our network.

10. Confidentiality

Both parties agree to maintain the confidentiality of non-public information obtained through the use of the Services unless disclosure is required by law.

11. Governing Law

These Terms shall be governed and construed primarily under the laws in the State of Florida, unless otherwise specified within your commercial agreements, without regard to its conflict of law rules.

12. Changes to Terms

XPR Media may update these Terms from time to time. Continued use of the Services after such updates constitutes your acceptance of the modified Terms.

13. Contact

If you have any questions about these Terms, please contact:

XPR Media
2980 NE 207 ST Suite 300, Aventura, FL 33180
privacy@xpr.media
(888) 397-7929