The Fine Print

PRLeap Terms of Service

Last updated: March 31, 2014

Welcome

The following terms and conditions (these "Terms of Use") cover your use and access to the services and prleap.com website, including the PRLeap Blog (http://blog.prleap.com) (the "Website") and all content, services, features, activities and products available at or through the Website, including but not limited to PRLeap Distribution service (the "PRLeap Distribution" and, together with all other content, services, features, activities and products available through the Website, the "PRLeap Service"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees. The Services are owned and operated by Condesa, Inc., dba PRLeap (also referred to as "we", "our" or "us"). If you use the PRLeap Service, you accept accept these terms of use. Please read them carefully.

In addition to the Terms, you will also be subject to (1) the PRLeap Purchase Terms & Conditions, which govern any purchase you make through the PRLeap Service, (2) the PRLeap Plan Terms, which govern your enrollment in any PRLeap membership plan.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO PRLEAP'S PRIVACY POLICY (COLLECTIVELY, THIS "AGREEMENT"). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES. If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

What We Own

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.

Rights to Use What We Own

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.

What You Provide to Us

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.

Giving Us Access to Other Accounts and Services

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.

Rules

  1. You hereby certify that you are at least 18 years of age.
  2. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
  3. You agree to maintain a working website with unique content.
  4. You will not use the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
  5. You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
  6. You will not use the Services to impersonate another person.
  7. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by PRLeap without our express written permission.
  8. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any PRLeap user to access the Services.
  9. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
  10. You may not upload individual files larger than 20MB.
  11. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by PRLeap.
  12. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
  13. You will not attempt to block any ads that display on the PRLeap Site or Services.

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.

Monitoring What You Provide Us

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.

7. Responsibility of Website Visitors

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.

Privacy

Any information that you provide to PRLeap is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your PRLeap account, which you may not be able to opt-out from receiving.

Passwords

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.

Fees

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.

PRLeap Purchase Terms and Conditions

Any user may purchase PRLeap Distribution on an "A La Carte" basis. PRLeap members also may purchase distribution using membership credits in accordance with the terms set forth in the PRLeap Plan Terms. By making a purchase through the PRLeap Service you agree to be bound by these PRLeap Purchase Terms and Conditions.

Purchase of PRLeap Distribution

  1. PRLeap Distribution. When you purchase PRLeap Distribution, PRLeap will review your press release to make sure it's safe and appropriate for users. We review your press release according to our editorial guidelines. Most press releases are reviewed within 1 business day. If we find any issues, we'll let you know more about the policy and what you can do to get your press release approved.
  2. Pricing. With respect to all A La Carte purchases, except where noted otherwise, are subject to the standard price, as determined by PRLeap. Prices are subject to change at any time in PRLeap's sole discretion.
  3. Payments. You must have a valid payment method, such as a credit card, on file in your PRLeap Account in order to use the PRLeap Service.
  4. Delivery. Once your press release has been reviewed for distribution by PRLeap Editorial Staff (even if your press release is placed on editorial hold) for reasons other than a delay caused solely by PRLeap, then PRLeap's Service to you concerning your purchase shall be considered complete, and PRLeap shall have no further obligation to you regarding such purchase or in relation to such payment.
  5. Refund policy. Purchases relating to distribution cannot be refunded once a press release has been published on prleap.com.

PRLeap Plan Terms

PRLeap offers various membership plans ("PRLeap Plans") for using and paying for the PRLeap Service. PRLeap Plans are subject to the terms below and those disclosed through the PRLeap Service. Membership in a PRLeap Plan is nontransferable. Membership Plans are billed in advance on a monthly or or annual 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 active plan.

  1. PRLeap Membership Plans. PRLeap Membership Plans are automatically renewable on a monthly or yearly basis, depending on the plan, until terminated by you or us in accordance with these PRLeap Plan Terms. PRLeap will charge your authorized payment method the applicable membership fee on your renewal date.
    1. Pro and Agency Monthly and Annual Plans. The Pro and Agency plans are generally the same, however, the number of Credits that Agency Members receive is greater. The Pro and Agency Plans are subject to the following terms:
      1. Annual or Monthly. Each of these membership plans is available either on a monthly or annual basis. PRLeap will charge a member's authorized payment method the applicable monthly or yearly fee for such membership plan on the member's monthly or yearly renewal date, depending on which plan the member selects. Annual members will receive the entire year's credits at the start of their membership and upon any renewal. Monthly members will receive the applicable amount credits each month.
      2. Rollover. Pro and Agency Members are allowed to rollover a certain number of unused Credits ("PRLeap Rollover").
        1. Monthly Memberships. The number of permissible PRLeap Rollover Credits will be specified at the time the member starts their plan. If in any given a month a monthly member has more than the permitted number of PRLeap Rollover Credits, the additional unused credits will automatically expire.
        2. Annual Memberships. Pro Annual members may rollover up to 6 unused Credits to the next year of membership and Agency annual members may rollover up to 12 unused Credits to the next year of membership.
      3. Discounted A La Carte Distribution. Members with an active Monthly or Annual Plan may purchase distribution on an A La Carte basis below the non-membership regular price.
  2. Credits. PRLeap Plan members receive credits that may be used to purchase PRLeap Press Releases on the PRLeap Service ("Credits"). Credits may only be used to purchase PRLeap Press Releases. If you purchase PRLeap Press Releases in excess of the number of available Credits under your PRLeap Plan, your authorized payment method will be charged the discounted price for the applicable PRLeap Press Release available to PRLeap Plan members. Credits include Membership Credits, Rollover Credits, and Complimentary Credits, as described below. Credits are nontransferable. Credits that do not rollover, expire in accordance with their terms.
    • Membership Credits. Membership Credits. Membership credits are Credits that PRLeap Pro and Agency Members receive on a monthly or annual basis.
    • PRLeap Rollover Credits. All Pro and Agency Members are permitted a certain number of PRLeap Rollover Credits, as described above. All PRLeap Monthly and Annual Members are permitted a certain number of PRLeap Rollover Credits, as described above. Rollover credits are accumulated by using fewer press releases than what’s included in your plan. Rollover Credits being accumulating at the closing of your first complete billing period. Rollover Credits are used only when Membership Credits have been depleted for the billing cycle.
    • Complimentary Credits. Complimentary Credits are Credits that PRLeap gives PRLeap Plan members and non-members through goodwill, member anniversaries, no-risk listen opportunities, or in other situations, in each case, as determined by PRLeap in its sole discretion. Complimentary Credits are credited to a member's PRLeap Account. Complimentary Credits expire in accordance with their terms. You must have a PRLeap Account in order to receive Complimentary Credits.
  3. PRLeap Plan Prices. Prices of PRLeap Plans are subject to change at any time.
  4. Upgrading or Downgrading a Plan. You may upgrade your PRLeap Plan on the PRLeap Service. You may also, subject to any minimum term commitment that may apply, downgrade your PRLeap Plan by contacting PRLeap customer service. Such PRLeap Account changes will be effective as of the date of your request and your membership will become subject to the new plan you selected. PRLeap Plans may be upgraded or downgraded as follows:
    • Pro and Agency Plans.
      • Upgrades. Pro and Agency Members can upgrade their Membership Plan. Any available Credits, including any PRLeap Rollover Credits, that a PRLeap Plan Member has accumulated will be transferred to the new upgraded plan in accordance with the rules for the new membership plan. Upon any upgrade, PRLeap will charge your authorized payment method the pro-rated additional fee for the new Membership Plan.
      • Downgrades. Pro and Agency Members can downgrade their plan to a smaller Pro or Agency plan . Any available Credits, including any PRLeap Rollover Credits, will be transferred to the new downgraded membership plan, in accordance with the rules for such new membership plan. Downgrading your plan may cause the loss of Credits, 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.
  5. Cancellation of PRLeap Plans. You may cancel your PRLeap Plan online or by contacting PRLeap customer service. Upon cancellation of any membership, all available Credits, other than Complimentary Credits, will expire. Members will not receive a full or partial refund on any monthly or annual fee already paid.

PRLeap Rights

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.

Restrictions on Content and Use of the Service

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.

Copyright

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:

Copyright Agent
PRLeap
PO Box 210638
Chula Vista, CA 91921
dmca@prleap.com

Modification to Services

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.

Termination

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.

The Service is Available "As-Is"

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.

Links

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.

Limitation of Liability

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.

Exclusions

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.

Waiver and Severability

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.

Controlling Law and Jurisdiction

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).

Entire Agreement

This Agreement constitutes the entire and exclusive understanding and agreement between PRLeap and you regarding the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between PRLeap and you regarding the Service.

Assignment

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.

Contacting PRLeap

If you have any questions about this Agreement, please email us.