If you accept and agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such an event, “you” and “your” will refer and apply to that company or other legal entity.
By using the Service, you affirm that you are 18 years of age or older, or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the Service is not intended for children under the age of 13.
DESCRIPTION OF THE SERVICE
LeapViral creates and maintains websites (“Published Content”) which you may find interesting and want to share with your subscribers, fans and followers on social media platforms or other web properties. You share the Published Content of your choice by copying the links (“LeapViral Links”) to the Published Content into these platforms and properties.
The Published Content you share may serve advertisements provided by third party advertisers. LeapViral will pay you for the revenue generated by said advertisements in accordance with the rules described in these Terms of Service.
MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completing the registration process you will receive a password and account ID. You are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place or occur under your password and account. You further agree to notify LeapViral in the event your password or account has been used without the proper authorization or you become aware of other breaches of security. You also agree to log out from your account at the end of each session with the Service.
You agree that any and all information provided during the registration process is true and accurate. You also agree to update and maintain registration data so that it remains true and accurate.
LeapViral will not be responsible or liable for any loss or damage incurred or later arising from your failure to comply with this section. LeapViral prohibits the sale or transfer of control of any LeapViral account by the registered account holder to any other party.
USING THE SERVICE
By posting LeapViral Links on other platforms you agree to comply with the terms and policies set by these platforms. You understand that a breach of the terms and policies set by a third party platform may cause termination of your account in the respective platform.
You agree to indemnify and hold harmless LeapViral, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party or terms of another platform while posting LeapViral Links.
If you close your account, LeapViral Links associated with your account will be deactivated. All user statistics when you request account removal will be reset on removal of your account.
You shall not, and shall not authorize or encourage any third party to directly or indirectly generate queries, referral events, or impressions of or clicks on any LeapViral Links or Published Content through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; edit, modify, filter, truncate or change the order of the information contained in any LeapViral Link or Published Content; frame, minimize, remove or otherwise inhibit the full and complete display of any Published Content; redirect an end user away from any Published Content; display any LeapViral Links on any web page or any web site that contains any hate-related, violent, pornographic, adult or illegal content; directly or indirectly access, launch, and/or activate LeapViral Links in any software application or web site other than your own web sites or social media accounts or properties; "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any LeapViral Link; disseminate malware; steal, copy or any way replicate the Published Content; create a new account to use the Service after LeapViral has terminated your account with you as a result of your breach of these Terms of Service; engage in any action or practice that reflects poorly on LeapViral or otherwise disparages or devalues LeapViral’s reputation or goodwill; attempt to artificially generate clicks on your LeapViral Links using automated software or by explicitly asking people to click on your LeapViral Links; willfully post or create content disparaging a particular web site; willfully violate the terms and conditions of any of the platforms we work with; act in any way that violates any policies posted on the LeapViral site, as may be revised from time to time, or any other agreement between you and LeapViral.
USER GENERATED CONTENT
LeapViral may provide means for you to upload, submit or create content to the Service including text, images, and video. You understand and agree that LeapViral may use without restrictions any content you submit.
You shall be solely responsible for the content submitted to the Service by you or on your behalf. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to LeapViral all patent, trademark, trace secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms of Service.
You further agree that the content submitted by you or on your behalf to the Service will not contain any third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant LeapViral all relevant licenses and permissions for the use in according to these Terms of Service.
LeapViral does not permit copyright infringing activities of any kind including infringement of intellectual property rights on the Service, and LeapViral will remove all content if and when becoming properly notified that infringing content exists on the Service. LeapViral reserves the right to remove any content at the Service at any time without prior notice.
Except of the content submitted by users to the Service, LeapViral and/or its licensors have ownership and all intellectual property rights to the Published Content, as amended from time to time.
By uploading, submitting or creating content to the Service you grant LeapViral a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right to use, reproduce, modify, distribute, sublicense, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of and otherwise exploit such content in any format or medium.
LeapViral will review any claims of copyright or other intellectual property rights infringement received and will remove any content which it deems in its sole discretion to have been submitted in violation of any such laws. The notice and action procedures applied by LeapViral are described at www.leapviral.com/dmca/.
THIRD PARTY WEBSITES
The Service or the Published Content may contain links to third party websites that are not owned or controlled by LeapViral. LeapViral has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, LeapViral will not and cannot censor or edit the content of any third party site. By using the Service you expressly release LeapViral from any and all liability arising from your use of any third party website, service or entity.
EARNINGS AND PAYMENTS
LeapViral will pay you for the revenue generated by valid clicks or other valid events on the advertisements displayed on the Published Content to which you have shared a LeapViral Link. LeapViral will specify the applicable earnings and payment policies and principles from time to time in the policies it makes available in the Service.
LeapViral pays only for actual revenue received by LeapViral relating to the relevant Published Content, net of any applicable fees, taxes, refunds, credits or similar obligations of LeapViral relating thereto, as further specified below. LeapViral reserves the right to make the final determination of the amount payable to you for the Published Content.
You may follow your own earned balance in your LeapViral account. The reported balance is subject to changes due to, for example, the final determination of the actual revenue received by LeapViral.
LeapViral remits your earnings to your PayPal account or other payment facility of your choice supported by LeapViral in accordance with the account information provided by you. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account and for providing any other information requested by LeapViral which is necessary under the applicable payment facility to execute the payment. You are responsible for any fees and charges assessed by Paypal or other payment service providers, which fees and charges shall be deducted from the amounts you receive. You agree to provide LeapViral with the necessary information to enable remittance of your earnings, and you acknowledge and agree that LeapViral may provide such information to the payment service providers for the purpose of the payment transaction. LeapViral aims to remit all non-contested amounts on weekly basis but undertakes to remit such amounts latest by the end of the following calendar month following a withdrawal request in which the earned balance in your LeapViral account equals or exceeds the applicable payment threshold. Please note that LeapViral only supports certain payment methods and payment service providers, and you need to contract with some of the supported payment service providers and comply with the terms and conditions they impose on you in order to receive payments from LeapViral.
Unless expressly authorized in writing by LeapViral, you may not enter into any type of arrangement with a third party where that third party receives payments made to you under these Terms of Service or other financial benefit in relation to the Services or Published Content.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under these Terms of Service against any fees you owe us under these Terms of Service or any other agreement or any damage incurred by us due to your breach of these Terms of Service, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify LeapViral in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. If an advertiser whose content is displayed defaults on payment to LeapViral, you agree that we may withhold payment or charge back your account.
LeapViral will charge you 15% up to $100 handling fee from every refunded payment transaction relating to your payments.
PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES AND SIMILAR CHARGES LEVIED ON THE PAYMENTS YOU RECEIVE FROM LEAPVIRAL HEREUNDER. LEAPVIRAL MAY WITHHOLD ANY SUCH TAXES AND CHARGES FROM THE AMOUNTS PAYABLE HEREUNDER.
CHANGES TO OUR SERVICE; CHANGES TO THE AGREEMENT
We are constantly changing and improving the Service. We may add or remove functionalities or features of the Service at any time, and we may suspend or stop a Service altogether. We may modify these Terms of Service at any time. We will post any modifications to these Terms of Service on this page and any modifications to the LeapViral other policies within the Service. Changes will not apply retroactively and generally will become effective without prior notice to you 14 days after the changes are posted. However, changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. If you do not agree to any modified Terms of Service or policies, you must stop using the affected Services. Continued use of the Service will be deemed as acceptance of the changes.
LIMITATION OF LIABILITY
LEAPVIRAL SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW. NOR SHALL THE OFFICERS, DIRECTORS EMPLOYEES, OR AGENTS OF LEAPVIRAL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FURTHER, YOU SPECIFICALLY ACKNOWLEDGE THAT LEAPVIRAL WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR HAVE ANY OTHER DISPUTES OR CLAIMS WITH OR AGAINST LEAPVIRAL WITH RESPECT TO THE SERVICE OR THESE TERMS OF SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. LEAPVIRAL SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES REGARDLESS OF THE TYPE OF CLAIM. IN ANY EVENT ANY DAMAGES AWARDED SHALL NOT EXCEED THE AMOUNT OF $10.
THE SERVICE IS MADE AVAILABLE TO YOU FOR YOUR CONVENIENCE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEAPVIRAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES, BUT EXRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY OR NON-INFRINGEMENT, REGARDING THE USE OF THE SERVICE OR SHARING OF THE PUBLISHED CONTENT.
LeapViral reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time in its discretion.
In case that LeapViral terminates the account for your breach of these Terms of Service, other applicable policies or the applicable laws, you lose right to your accrued earnings and such amounts shall be deemed forfeited.
The Service is controlled and offered by LeapViral from its facilities in Finland. LeapViral does not market or offer the Service to any specific countries outside of Finland and does not represent that the Service would be appropriate or available in other countries. The users who use the Service from other countries than Finland are responsible for the compliance of the Service with their local laws.
These Terms of Service shall be governed by the internal substantive laws of Finland, without respect to its conflict of laws principles. Any claim or dispute between you and LeapViral that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Helsinki, Finland.