We’ll start by getting a few definitions out of the way that should help you understand this policy. When we say "we," "us," and "PressPoint” we’re referring to PressPoint LLC, a Wyoming Limited Liability Company. When we say “you” or “Client,” we’re referring to the person or entity that’s registered with us to use the Services.
We provide online platforms to support your public relations, sales and marketing efforts, including but not limited to, the ability to create, send, and manage different forms of electronic communications (the “Services”). We offer the Services on our website app.PressPoint.io. In the course of providing the Services, we may collect Personal Information, which means information about a Client.
If there are any changes to the Terms, we'll post them on the Website and send them to the last email address you gave us. Any changes will be effective as of the date we post on the Website or send the email (or whichever date is later). You may object to any changes within 20 days after they’re posted on our Website or delivered to you, in which case none of the proposed changes will be effective with respect to information that we’ve already collected from you, but will apply only to information we collect in the future. We won't treat information of any open account differently from any other open account. If you object to changes in our Terms, we’ll have to terminate your account. That said, if we ever changed our Terms to expand our rights to use or disclose Personal Information for marketing purposes, you‘d be able to opt out without termination.
If you have any questions or comments, or if you want to update, delete, or change any Personal Information you’ve submitted on the Website, please contact us via email at support@PressPoint.io
In order to use PressPoint, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms, Conditions and Privacy Agreement; and
provide true, complete, and up to date contact information.
By using PressPoint, you represent and warrant that you meet all the requirements listed above, and that you won’t use PressPoint in a way that violates any laws or regulations. PressPoint may refuse service, close accounts of any users, and change eligibility requirements at any time.
SUBSCRIPTION / MEMBERSHIP
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., media lists, data, contact details) and (4) follow the law and the Dos and Don'ts listed in these Terms. You are responsible for anything that happens through your account unless you close it or report misuse.
The Term begins when you sign up and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for PressPoint on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
CANCELLATION/TERMINATION OF YOUR ACCOUNT
PressPoint or You may terminate this Agreement at any time with notice to the other. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused portions of the Service at our discretion. We won’t refund or reimburse you if there’s cause. If you cancel or terminate your account associated with the Services it will remain active until the end of the current billing period. During this time you will have access to the Services. Upon cancellation, access to the Services will be disabled, and all remaining JMail and JTweets will be forfeited. We do not offer partial refunds during a billing period. Once terminated, we may permanently delete your account and all the data associated with it. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it. On termination, you lose the right to access or use the Services and any data associated with the Services may be lost. The following shall survive termination:
Our rights to use and disclose your feedback;
Journalist’s rights to further re-share content and information you shared through the Service;
Any amounts owed by either party prior to termination remain owed after termination.
If a customer wishes to cancel their account they can do so at any time in the Settings section while logged in to their PressPoint account.
ACCOUNT AND PASSWORD
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
We don't know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.
THIRD PARTY ACCOUNTS
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services (such as Twitter). If you allow a third party app or site to authenticate you or connect with your PressPoint account, you are agreeing to the separate legal terms and privacy policies of that third party app, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, PressPoint is not responsible for these other sites and apps -- use these at your own risk.
If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date") or the last date that you chose to upgrade your account. If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
After subscribing to the Service you can find your invoices on the settings in your account. We do not send monthly invoices via email.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
UPGRADING AND DOWNGRADING
Upgrading your account will take effect immediately. You will be billed immediately for the new subscription. This date will also become your new monthly billing date. Upon upgrading the additional features and messaging allowances of the new upgraded plan will immediately be added to your existing features and messaging allowances.
Downgrading your account will take effect at the end of the current billing period. During this time you will have access to the Services based on the plan you are subscribed to. We do not offer partial refunds during a billing period. Downgrading your account may cause the loss of content, features, or capacity of your Account. PressPoint does not accept any liability for such loss. Downgrading will not, however, result in the loss of JMails and JTweets previously accrued.
When using a coupon that entitles you to free or discounted access to the Services, you agree to becoming a paying Client if you do not request to cancel your subscription before the expiration of your coupon. You will be charged immediately for the total non-refundable, non-discounted, monthly cost of the plan you were subscribed to (updated costs of plans can be found on the Pricing page of our website (https://www.PressPoint.io/pricing). To cancel your subscription please send a cancellation request to cancel@PressPoint.io
All Trials of the Service have limited functionality and do not allow for the sending of JMails or JTweets. By beginning a Trial subscription of the Services, you agree to becoming a paying Client if you do not request to cancel your subscription before the end of your trial period. You will be charged immediately at the end of your trial for the total non-refundable, non-discounted, monthly cost of the plan you were subscribed to (updated costs of plans can be found on the Pricing page of our website (https://www.PressPoint.io/pricing). To cancel your subscription please send a cancellation request to cancel@PressPoint.io
If you change your plan during a trial, either to upgrade or downgrade, your JMails, JTweets and other features related to the plan you changed to, will be reset to the new plans level of service.
As long as you're a Client or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You'll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.
We'll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms. You won't be entitled to a refund from us under any other circumstances. We may offer a refund if a Client applies for one via email (support@PressPoint.io). We do not provide cash refunds.
CHANGES IN PRICING AND/OR SERVICE
We may change, suspend or end any Service, or change and modify prices prospectively at our discretion by posting a new pricing structure to our Website and/or sending you a notification by email. To the extent allowed under law, these changes may be effective upon notice provided to you.
NOTICES AND SERVICE MESSAGES
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
PROPRIETARY RIGHTS OWNED BY US
You shall respect our proprietary rights related to the Service and the software used to provide PressPoint (proprietary rights include data, contact details, patents, trademarks, service marks, and copyrights).
PROPRIETARY RIGHTS OWNED BY YOU
You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms.
We may use and disclose your information in accordance with the law, we will never sell your information on to third parties without your consent.
RIGHT TO REVIEW EMAIL CAMPAIGNS
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Clients who violate these Terms or laws.
We reserve the right to limit your use of the Services, including the number of messages you can send, as well as the right to restrict, suspend, or terminate your account if we believe that you may be in breach of these Terms or law or are misusing the Services (e.g. violating any Do and Don'ts).
RULES AND ABUSE
You promise to follow these rules:
You won’t send Spam!
You agree to all of sections of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.
In short, spam means “unsolicited bulk email.” It is irrelevant or inappropriate messages sent on the Internet to a large number of recipients. An example of “irrelevant” would be sending messages with content that does not, within reason, fall under the subjects covered by any particular journalist. (e.g., send a message with content that primarily pertains to technology and computer programming to a journalist who’s profile clearly states that they cover stories pertaining to dogs and cats)
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a PressPoint user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us.
You may only use our bandwidth for your PressPoint messages. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website). We may throttle your sending or connection at our discretion.
COMPLIANCE WITH LAWS
You represent and warrant that your use of PressPoint will comply with all applicable laws and regulations. You're responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. If you're located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via PressPoint, and collecting information as a result of sending Emails, you:
Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through PressPoint.
Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow PressPoint to receive and process data and send communications to that individual on your behalf.
Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
DOS AND DONT'S
DOS. YOU AGREE THAT YOU WILL:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;Only provide information to journalists that is truthful;Provide accurate information to us and keep it updated;Use your real name on your account;Use the Services in a professional manner; andAbide by any requests that a journalist might make to halt communication with them.
DONT'S. YOU AGREE THAT YOU WILL NOT:
Act dishonestly or unprofessionally, including by emailing inappropriate, inaccurate, or objectionable content;You agree you will not provide content or information that does not violate the law or anyone's rights;Misrepresent your current or previous positions and qualifications;Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PressPoint Service;Email or Tweet any one journalist more than 2 times in 1 weeks;Call any one journalist more than 3 times in 1 weeks;Use or attempt to use another's account;Harass, abuse or harm another person;Send spam or other unwelcomed communications to others;Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or harm minors;Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;Violate the intellectual property or other rights of PressPoint, including, without limitation, using the word “PressPoint” or our logos in any business name, email, or URL;Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by PressPoint;Send messages to distribution lists, newsgroup aliases, or group aliases;Post anything that contains software viruses, worms, or any other harmful code;Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;Provide content that promotes escort services or prostitution;Creating or operate a pyramid scheme, fraud or other similar practice;Copy or use the information, content or data in the PressPoint journalist database in connection with a competitive service (as determined by PressPoint);Copy, modify or create derivative works of PressPoint, the Services or any related technology (except as expressly authorized by PressPoint);Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;Imply or state that you are affiliated with or endorsed by PressPoint without our express consent;Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;Sell, sponsor, or otherwise monetize any feature of the Services, without PressPoint’s consent;Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;Collect, use, copy, or transfer any information obtained from PressPoint without the consent of PressPoint;Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;Monitor the Services' availability, performance or functionality for any competitive purpose;Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;Access the Services except through the interfaces expressly provided by PressPoint;Intentionally or unintentionally violate any applicable local, state, national or international law;Override any security feature of the Services; andInterfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
LIMITATION OF LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of PressPoint and the Services, including any downloads from the Website. We and our team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, nor any loss of data, opportunities, reputation, profits, or revenues related to any of the services we provide. Even if they’re based on negligence or we’ve been advised of the possibility of those damages.
The total liability for all claims made against PressPoint (and those that PressPoint work with to provide the services) may never, under any circumstance, exceed the amount that you paid us for the Service the month before.
This limitation of liability is part of the basis of the bargain between you and PressPoint and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if PressPoint has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
You expressly understand and agree that: Your use of the PressPoint service is at your sole risk. PressPoint service is provided on an "as is" and "as available" basis. PressPoint and its subsidiaries, affiliates, officers, employees and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PressPoint and its subsidiaries, affiliates, officers, employees and licensors make no warranty that
The PressPoint service will meet your requirements;
The PressPoint service will be uninterrupted, timely, secure or error-free and
The results that may be obtained from the use of the PressPoint service will be accurate or reliable. No advice or information, whether oral or written, obtained by you from PressPoint or through or from the service shall create any warranty not expressly stated in these Terms.
We cannot be held account as far as the law permits for any damage done to your business by any fault of ours caused by faulty software (but we will do as much as we can to make sure that our software is not faulty).
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
PressPoint may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PressPoint has no control over such sites and resources, you acknowledge and agree that PressPoint is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PressPoint shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900.
If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed.
For example, if someone were to get our IPs blacklisted or lower our deliverability by breaking spam laws, we may seek liquidated damages since it’s hard to put a number on those losses.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Clients.
CHOICE OF LAW
In the unlikely event we end up in a legal dispute, you agree that this Agreement is governed by and construed in accordance with the laws of the State of New York, without regard to choice of law provisions. Any disputes arising out of this Agreement that cannot be resolved by the parties will be brought in state or federal court located in New York County, New York.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that PressPoint has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your subscription or use of Services) to anyone without our consent. However, you agree that PressPoint may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the following address:
PressPoint LLC, 30 North Gould Street, Suite 4000, Sheridan, WY 82801