Terms of Service

Date of Last Revision: April 8, 2009

By using the PRLeap.com web site ("PR LEAP" or "Service"), a service of Condesa, Inc., you are agreeing to be bound by the following terms and conditions (the "Terms of Use", or "Agreement").

Basic Terms

You must be 18 years or older to use this Service.
You are responsible for any activity that occurs under your screen name.
You are responsible for keeping your password secure.
You may not use the prleap.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the prleap.com service.
You must not modify, adapt or hack prleap.com or modify another website so as to falsely imply that it is associated with prleap.com.
You must not create or submit unwanted email to any PR LEAP members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of PR LEAP, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not block any ads that display on prleap.com.

Violation of any of these agreements will result in the termination of your prleap.com account. While prleap.com prohibits such conduct and content on its site, you understand and agree that PR LEAP cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the prleap.com service at your own risk.

General Conditions

We reserve the right to modify or terminate the prleap.com service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
The PR LEAP service makes it possible to post images and text hosted on PR LEAP to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on prleap.com must provide a link back to PR LEAP.

User Content Posted on the Site

You are solely responsible for the content and accuracy of all news copy and other information submitted by you to PR LEAP (the "submitted materials" or "Content"), including photos, videos, music, audio, files, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). Because of the volume of information and copy submitted to PR LEAP, PR LEAP cannot be responsible for verifying facts contained in Submitted Materials. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. PR LEAP does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
PR LEAP reserves the right (i) to reject or edit Submitted Materials; and (II) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release. PR LEAP can only remove Submitted Materials from its network, and PR LEAP makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the PR LEAP network.
PR LEAP strives to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by PR LEAP will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of PR LEAP in this regard.
All Submitted Materials transmitted by PR LEAP must contain a user-supplied contact name, phone number and e-mail address that may be verified by PR LEAP.
PR LEAP does not warrant specific placement of any press release nor pick up by third parties of any press release on its wire, but will deliver a press release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various internet locations, both intended and unintended.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any PR LEAP systems with the express written consent of Condesa.
All news copy information submitted to PR LEAP must meet the minimum criteria as described on the Editorial Guidelines.

Payments and Refunds

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 payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide PR LEAP with valid credit card information to use the Service.
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 based solely on PR LEAP's income. If you believe your bill is incorrect, you must contact us in writing within 30 days via the help desk.
You agree to provide PR LEAP 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, PR LEAP reserves the right to terminate your access to the Service in addition to any other legal remedies.
Refunds - No refunds will be issued once a press release is published on prleap.com. You have 30 days to request a full refund for a press release that was billed for and not approved or placed on editorial hold by PR LEAP.

Modifications to the Service and Prices

PR LEAP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
PR LEAP reserves the right to modify its fees and charges and to introduce new charges at any time.
PR LEAP shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time. Your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed via the PRLEAP HELP DESK.
All of your Submitted Material will be immediately taken down from the Service upon cancellation. This information can not be recovered once your account is cancelled.
PR LEAP, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Condesa service, for any reason at any time, without liability to you. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PR LEAP reserves the right to refuse service to anyone for any reason at any time.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the PR LEAP website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our PR LEAP Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please visit our PR LEAP Copyright Policy for more information on how to report infringement of your copyright.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Privacy

We care about the privacy of our users. For more information, Visit PR LEAP's Privacy Policy

Warranties; Limitation of Liability

You represent and warrant to PR LEAP that (i) you have the right to deliver the Submitted Materials to PR LEAP, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children's Online Privacy Protection Act of 1998 and laws relating to “spam”, and (iii) Submitted Materials will not 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.
PR LEAP MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. PR LEAP DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
PR LEAP's entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall 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. IN NO EVENT SHALL PR LEAP HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

PR LEAP will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable attorney’s fees, alleging that the Service infringes any intellectual property right under the laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than PR LEAP or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by PR LEAP where the Service, if not so used, would not be infringing; or (iii) your failure to use the Service in accordance with these terms and conditions.
You shall indemnify (“Indemnitor”) and hold harmless PR LEAP (“Indemnitee”), its affiliated companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.
Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.
If a claim regarding the Service and alleging infringement is brought or is likely, in PR LEAP's sole opinion, to be brought, PR LEAP may, at its sole option and expense (i) obtain the right for you to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that Condesa promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.

Force Majeure

If SERVICE is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, CONDESA shall not be liable for any resulting failure to provide services hereunder.

Miscellaneous

PR LEAP facilities are governed by Federal and State regulations.
Condesa and PR LEAP are trademarks or registered trademarks of Condesa, Inc. and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of PR LEAP and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by PR LEAP; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by PR LEAP in connection with the Service. All rights not expressly granted to you herein are reserved by Condesa, Inc.
You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by PR LEAP or its subsidiaries or affiliates. You agree not to (i) defame or disparage PR LEAP, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
You consent to receive communications from PR LEAP concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which PR LEAP sends communications by notifying PR LEAP by email via the Help Desk.
By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of PR LEAP, PR LEAP reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
PR LEAP reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
You acknowledge and agree that you and PR LEAP are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
This Agreement shall be governed by and construed under the laws of Maryland exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Maryland, and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Governing Law, Venue and Attorneys Fees

By visiting or using the Site and/or the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

YOU AND CONDESA AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.