This Terms of Service Agreement (the "Agreement")is an agreement between you (the "User" or "you") and Condesa, Inc. ("Condesa", "we", or "us"), a company with its place of business at 809 Bowsprit, Suite 201, Chula Vista, CA 91914 USA. Condesa operates www.prleap.com ("PRLeap Site") and the press release distribution services therein (collectively the "Services"). This Agreement explains our obligations to you, and your obligations to us.
All material and services available on the PRLeap Site, and all material and services provided by or through PRLeap, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All PRLeap trademarks and service marks, logos, slogans and taglines are the property of PRLeap. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on PRLeap without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Subject to this Agreement, Condesa hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by PRLeap ("User ID") to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
We will provide you one User ID for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services ("Content"). Condesa is not responsible for your Content. You hereby grant Condesa a worldwide, royalty-free, non-exclusive license to host, reproduce, modify, adapt and publish the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services.
You agree that this royalty-free license includes the right for Condesa to make such Content available to other companies, organizations or individuals who partner with Condesa for the syndication, broadcast, distribution or publication of such Content on other media and service, subject to our terms and conditions for such Content use.
Such additional uses by Condesa, or other companies, organizations or individuals who partner with Condesa, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the PRLeap Site and Services.
All Content submitted to the PRLeap Site and Services must follow our Editorial Guidelines, which can be found on the PRLeap Site and are subject to change at any time at our sole discretion.
Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.
Condesa may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Condesa reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
Condesa may, but has no obligation to, monitor Content on the PRLeap Site or company pages created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Condesa or its customers, or operate the Services properly. Condesa, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
All Content is the sole responsibility of the person or organization that originated such Content. Condesa may, but has no obligation to, monitor Content on the PRLeap Site or company pages created using our Services. We do not take any responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the PRLeap Site or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Condesa be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PRLeap cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
You agree to provide PRLEAP with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, PRLeap reserves the right to terminate your access to the Service in addition to any other legal remedies.
A. Monthly Plans
Monthly Plans are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Unused Monthly Plan credits expire at the end of your billing cycle. In order to treat everyone equally, no exceptions will be made.
For any upgrade in plan level, the credit card that you provided will automatically be charged the new rate. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. PRLeap does not accept any liability for such loss. If you downgrade your plan, you will be charged the new lower rate at the next billing cycle.
If a press release you submit is not distributed within 30 days of the earlier of the (i) date on which you enter such material or (ii) pay for the Service for reasons other than a delay caused solely by PRLeap, then PRLeap's service to you concerning such Submitted Material and/or payment shall be considered complete, and PRLeap shall have no further obligation to you regarding such Submitted Content or in relation to such payment.
C. Canceling your Monthly Plan
Your PRLeap Monthly Plan will continue in effect until you cancel your Monthly Plan or we terminate it. You must cancel your Monthly Plan before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. The Service will bill monthly or yearly fees associated with your Monthly Plan to the credit card you provide to us during registration (or to a different card if you change your account information).
If you wish to cancel your Monthly Plan you may do so via your "Account" page. Should you elect to cancel your Monthly Plan, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a PRLeap Monthly Plan and providing the Service with your payment account information, you hereby agree to these payment terms and conditions.
You may elect to pay-per release or buy "Press Release Credits" to use our Service, as explained on the "Pricing" page of our website, rather than sign up for a monthly plan. If you elect to "Pay-Per-Release" all the terms of this Agreement will still apply to you other than the requirement that you pay us monthly.
Pay Per Release: Credits are good for 30 days when you pay per release and one year when you prepay for a bulk of credits as explained on the "Pricing" page of our website.
Rollover Releases are unused, accumulated press releases included in your monthly plan that carry over from month to month for up to twelve billing periods.
When you change your monthly plan to another monthly plan, any Rollover Releases in excess of the included press releases in your new plan will expire.
Examples: If you have 10 Rollover Releases accrued and you downgrade to a monthly plan with 2 press releases, you'll keep 2 of your accrued Rollover Releases. Or, if you have 5 Rollover Releases accrued, and you upgrade to a monthly plan with 10 press releases, you'll keep all of your Rollover Releases.
Unused Rollover Releases expire after 12 billing periods.
Example: Any Rollover Releases you earn in March, must be used by the following March or they will expire.
In addition: Rollover Releases will expire immediately upon default, cancellation of plan, or if you change to a plan not eligible for Rollover.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of PRLeap and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the PRLeap name or any of the PRLeap trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding PRLeap, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. Please review the PRLeap Editorial Guidelines (which are part of these Terms) to better understand what is prohibited on the Service. The Editorial Guidelines are not intended to serve as legal advice and adherence to the Editorial Guidelines does not necessarily constitute legal compliance. You are responsible for ensuring that your press releases comply with all applicable laws, statutes, and regulations.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PRLeap, its users and the public.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, PRLeap's computer systems, or the technical delivery systems of PRLeap's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PRLeap (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PRLeap (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of PRLeap is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
PRLeap respects others' intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Service is:
PO Box 210638
Chula Vista, CA 91921
PRLeap reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PRLeap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Though we'd much rather you stay, you can stop using our Service any time. We reserve the right to suspend or end the Service at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others' use of the Service. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Though we want to provide a great service, there are certain things about the service we can't promise. For example, THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PRLeap will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or service on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PRLeap of such websites or resources or the content, products, or service available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
In no event shall PRLeap, its directors, officers, shareholders, employees or members be liable with respect to the Service or the Service for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Content or other intangibles; (c) damages for unauthorized use, non-performance of the Service, errors or omissions; or (d) damages related to downloading or posting Content. PRLeap's and the Service's collective liability under this agreement hall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.
The failure of PRLeap to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in San Diego County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
You may not assign or transfer this Agreement, by operation of law or otherwise, without PRLeap's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. PRLeap may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about this Agreement, please email us.