PRLeap Terms of Service
Last updated: April 1, 2020
This is an agreement between you and Condesa, Inc. d/b/a PRLeap ("PRLeap") regarding PRLeap, the press release distribution service operated by Condesa (the "Service").
These PRLEAP Conditions of Use, the rules, policies and guidance we provide regarding the Service, and the following terms (collectively, as they may be changed over time, the "Terms") form a part of this agreement and govern your use of the Service:
By signing up for or using the Service, you agree to the Terms
In addition to the Terms, if you signed up for a membership plan prior to April 1st, 2014, then you are subject to the PRLeap Legacy Plan Terms, which govern your enrollment in any PRLeap Legacy plan. If you signed up for a membership plan between April 1, 2014 and March 31, 2020, then you're subject to PRLeap 2014 Plan Terms.
1. Your Account
If you do not have a PRLeap account, you will need to establish an account with PRLeap.com to use the Service.
2. PRLeap Purchase Terms and Conditions
Any user may purchase PRLeap Press Release on an "A La Carte" basis. PRLeap members also may purchase a Press Release 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 Press Release
- PRLeap Press Release. When you purchase a PRLeap Press Release, PRLeap will review your content to make sure it's safe and appropriate for users. We review your content 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.
- 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.
- 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.
- 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.
- Refund policy. Purchases relating to a Press Release cannot be refunded once it has been published on prleap.com.
3. Membership Plans
As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.
As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
A. You are responsible for the content and accuracy of all news copy and other information submitted by you to PRLeap or entered into the Service (the “Submitted Materials”) even if such copy has been reviewed, edited or written by PRLeap for you. Because of the volume of information and copy submitted to PRLeap, PRLeap cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow PRLeap's editorial guidelines which can be found on PRLeap's web site and are subject to change at any time at PRLeap's sole discretion.
B. PRLeap reserves the right (i) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any press release from its web site, pull any press release from distribution or deny approval to any press release. PRLeap can only remove Submitted Materials from its network, and PRLeap makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the PRLeap network.
C. PRLeap endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by PRLeap will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of PRLeap in this regard. If Submitted Material 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 (even if you have not yet entered Submitted Material) 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 Material or in relation to such payment.
D. All Submitted Materials transmitted by PRLeap must contain a user-supplied contact name, phone number and e-mail address that may be verified by PRLeap.
E. PRLeap does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, but will deliver a news 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.
F. 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 PRLeap systems without the express written consent of PRLeap.
6. Fees and Renewal
Fees for purchased content, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for membership plans may vary. Fees may be subject to tax and are non-refundable except in the specific circumstances described in these Terms. We only accept credit cards for payment of your membership fees. Please do not sign up for the program with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable fees and any taxes using any credit card we have on record for you.
If all credit cards we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership or subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.
7. Membership and Subscription Cancellation
You may cancel your membership plan and any subscriptions by visiting your account billings page provided on prleap.com (your "Account Billings") and adjusting your membership settings and subscription preferences, or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is cancelled, but cancellation does not terminate your license and access to submitted materials.
8. Service Restrictions
We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
9. Agreement Changes
We may, in our discretion, change the Terms and all elements of them and any aspect of the Service without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.
10. Termination by Us
Our business may change over time and we reserve the right to cancel the Service and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion without notice. If we do so, we will give you a prorated refund based on the number of days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
11. Warranties; Limitation of Liability
A. You represent and warrant to PRLEAP that (i) you have the right to deliver the Submitted Materials to PRLEAP, (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”, (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; and (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.
B. PRLEAP 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. PRLEAP DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL.
C. PRLEAP'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 PRLEAP 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.
A. PRLEAP 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 PRLEAP or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by PRLEAP 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.
B. You shall indemnify (“Indemnitor”) and hold harmless PRLEAP (“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.
C. 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.
D. If a claim regarding the Service and alleging infringement is brought or is likely, in PRLEAP'S sole opinion, to be brought, PRLEAP 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 PRLEAP promptly refunds to you the prorated portion of any pre-paid fees paid hereunder.
A. PRLEAP facilities are governed by Federal and State regulations.
B. PRLEAP is a trademark 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 PRLEAP 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 PRLEAP; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by PRLEAP in connection with the Service. All rights not expressly granted to you herein are reserved by Condesa, Inc..
C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by PRLEAP or its subsidiaries or affiliates. You agree not to (i) defame or disparage PRLEAP, 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.
D. You consent to receive communications from PRLEAP 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 PRLEAP sends communications by notifying PRLEAP in writing (which may be by email).
E. 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 PRLEAP, PRLEAP reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
F. 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.
G. PRLEAP 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.
H. You acknowledge and agree that you and PRLEAP 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.
I. This Agreement shall be governed by and construed under the laws of California exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of California, 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.
14. 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.
15. 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.
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
17. 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.
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.
19. 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.
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.
21. 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.
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.
23. 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.
24. 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).
25. 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.
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.
27. Contacting PRLeap
If you have any questions about this Agreement, please email us.