EULA

Last updated: July 27, 2022

This End User License Agreement (EULA) governs the use of Leadstart Media – Mobile, hereinafter referred to as the “Licensed Application,” provided to you, the End-User, by Leadstart Media, Inc., a registered entity located at 235 Peachtree Street Northeast #400, Atlanta, Georgia 30303, United States (“Licensor”). Your use of the Licensed Application is subject to the terms and conditions outlined herein.

By downloading the Licensed Application from Apple’s software distribution platform, the “App Store,” and Google’s software distribution platform, the “Play Store,” including any updates thereto permitted by this License Agreement, you signify your agreement to be bound by all the terms and conditions set forth in this License Agreement. For the purposes of this Agreement, “App Store” and “Play Store” are collectively referred to as the “Services.”

It is important to note that the Services themselves are not parties to this License Agreement and are not bound by any provisions or obligations related to the Licensed Application, including but not limited to warranty, liability, maintenance, and support. Leadstart Media, Inc. bears sole responsibility for the Licensed Application and its content.

This License Agreement does not supersede or conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service, referred to as “Usage Rules.” Leadstart Media, Inc. affirms that it has reviewed the Usage Rules, and this License Agreement is in harmony with them.

The usage of Leadstart Media – Mobile, whether purchased or downloaded through the Services, is exclusively governed by the terms of this License Agreement. The Licensor retains all rights not expressly granted to you. This Licensed Application is intended for use on devices running Apple’s operating systems (iOS and Mac OS) or Google’s operating system (Android).

TABLE OF CONTENTS

1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS

1. THE APPLICATION

Leadstart Media – Mobile is a software application designed to provide creative professionals, such as agencies, entrepreneurs, web designers, developers, content managers, and small businesses, with access to free web services, curated content, and blog tips. The application features a collection of thousands of photos and illustrations generated by Artificial Intelligence, as well as fonts tailored to its target audience. It is optimized for use on iOS and Android mobile devices (“Devices”) and serves as a platform to view the mobile version of leadstart.org, accept donations, and offer merchandise for sale, including shirts, shorts, sweaters, hoodies, hats, and bags.

COPPA Rule for Apps: Our application is not intended for use by children under the age of 13. We do not knowingly collect or solicit personal information from individuals under the age of 13, nor do we knowingly allow such individuals to use our services.

ECPA Acknowledgment: All electronic communications within this application are protected under the Electronic Communications Privacy Act (ECPA).

CFAA Statement: Unauthorized access, data breaches, or any other unlawful actions within the app are prohibited and will face legal repercussions under the Computer Fraud and Abuse Act (CFAA).

FTC Fair Advertising: All advertising within this application adheres to the principles of transparency, truthfulness, and compliance with the guidelines set by the Federal Trade Commission (FTC).

GDPR Commitment for Apps: This application respects user privacy and strictly adheres to the guidelines of the General Data Protection Regulation (GDPR). Users have the right to access, modify, or erase their data.

ePrivacy Directive for Apps (if applicable): Electronic communications within this application are treated with the utmost confidentiality, in accordance with the ePrivacy Directive.

Net Neutrality Statement (if applicable): We uphold the principles of Net Neutrality, ensuring that there is no unjustified discrimination in the treatment of internet traffic within the application.

PSD2 Compliance (if applicable): Any payment services within this application comply with the requirements of the Payment Services Directive 2 (PSD2), ensuring secure and efficient payment procedures.

Roaming Regulation Adherence (if applicable): For applications providing mobile services across the European Union (EU), we adhere to the EU Mobile Roaming Regulation, guaranteeing transparent and fair roaming charges.

2. SCOPE OF LICENSE

2.1 License Grant: You are granted a non-transferable, non-exclusive, and non-sublicensable license to install and use the Licensed Application on any Devices under your ownership or control, in accordance with the Usage Rules. Furthermore, this Licensed Application may be accessed and used by other accounts associated with you, such as through Family Sharing or volume purchasing, without breaching the license’s terms.

2.2 Updates: This license extends to any updates provided by the Licensor, which may replace, repair, or supplement the original Licensed Application. In the absence of a separate license for such updates, the terms of this agreement will govern their usage.

2.3 Restrictions on Sharing: You are prohibited from sharing or making the Licensed Application available to third parties, except to the extent permitted by the Usage Rules and with the prior written consent of Leadstart Media, Inc. This license does not authorize you to sell, rent, lend, lease, or redistribute the Licensed Application in any manner.

2.4 Prohibition on Reverse Engineering: Reverse engineering, translation, disassembly, integration, decompilation, removal, modification, combination, creation of derivative works or updates, adaptation, or any attempt to derive the source code of the Licensed Application or any part thereof is strictly prohibited without the prior written consent of Leadstart Media, Inc.

2.5 Copy and Alteration Restrictions: Except where expressly authorized by this license and the Usage Rules, you may not copy or alter the Licensed Application or any of its components. You may create and store copies solely on Devices under your ownership or control for backup purposes, as stipulated by this license, the Usage Rules, and any other relevant terms and conditions. Intellectual property notices must not be removed, and you acknowledge that unauthorized third parties must not gain access to these copies. If you sell your Devices to a third party, it is your responsibility to remove the Licensed Application from those Devices beforehand.

2.6 Consequences of Violation: Any violations of the aforementioned obligations, as well as attempts to infringe upon them, may result in prosecution and claims for damages.

2.7 Modification of Terms: The Licensor retains the right to modify the terms and conditions of this licensing agreement.

2.8 Third-Party Terms: This license does not impose restrictions on third-party terms. While using the Licensed Application, you are required to ensure compliance with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Updates and Compatibility: The Licensor endeavors to maintain the Licensed Application to ensure its compliance with new hardware and modified or updated firmware versions. However, it is important to note that you do not possess the right to demand or claim such updates as a guaranteed entitlement.

3.2 Device Compatibility: It is incumbent upon you to verify and ascertain that the end-user device on which you intend to use the Licensed Application meets the technical specifications and requirements outlined above.

3.3 Technical Specification Changes: The Licensor retains the discretion to make adjustments to the technical specifications as it deems necessary at any given time.

4. MAINTENANCE AND SUPPORT

4.1 Maintenance and Support Services: The Licensor assumes full responsibility for providing any maintenance and support services related to this Licensed Application. You can contact the Licensor using the email address provided in the App Store or Play Store Overview section for this Licensed Application.

4.2 Services’ Obligations: Both Leadstart Media, Inc. and the End-User acknowledge that the Services, referring to the distribution platforms (App Store and Play Store), are under no obligation whatsoever to furnish any maintenance or support services in connection with the Licensed Application.

5. USE OF DATA

You recognize that the Licensor will have the capability to access and make adjustments to the content of the Licensed Application that you have downloaded, as well as your personal information. The use of such content and information by the Licensor is subject to your legal agreements with the Licensor and its privacy policy, which can be found at leadstart.org/privacy.

Furthermore, you acknowledge that the Licensor may periodically collect and use technical data and related information pertaining to your device, system, application software, and peripherals. This information may be used to offer product support, facilitate software updates, and provide other services (if applicable) related to the Licensed Application. The Licensor may also use this data for the purpose of enhancing its products or delivering services or technologies to you, provided that it is used in a manner that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may extend invitations to engage in discussions, contribute to blogs, participate in message boards, online forums, and other interactive features. It may also afford you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials within the Licensed Application. These contributions include a wide range of content types, including but not limited to text, written content, videos, audio recordings, photographs, graphics, comments, suggestions, personal information, and other materials collectively referred to as “Contributions.”

It is crucial to note that Contributions you transmit may be visible to other users of the Licensed Application and may also be accessible through third-party websites or applications. Any Contributions you create or make available should be considered non-confidential and non-proprietary.

When you generate Contributions, you are representing and warranting the following:

1. That the creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions, do not and will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

2. That you are the rightful creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions as envisioned by the Licensed Application and this License Agreement.

3. That you have obtained the written consent, release, and/or permission from each identifiable individual person featured in your Contributions to use their name or likeness for the inclusion and use of your Contributions, in accordance with the Licensed Application and this License Agreement.

4. That your Contributions are truthful, accurate, and not misleading.

5. That your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.

6. That your Contributions are devoid of obscenity, lewdness, lasciviousness, filthiness, violence, harassment, libel, slander, or any other objectionable content (as determined by us).

7. That your Contributions do not engage in ridicule, mockery, disparagement, intimidation, or abuse towards any individual or 2.1 License Grant: You are granted a non-transferable, non-exclusive, and non-sublicensable license to install and use the Licensed Application on any Devices under your ownership or control, in accordance with the Usage Rules. Furthermore, this Licensed Application may be accessed and used by other accounts associated with you, such as through Family Sharing or volume purchasing, without breaching the license’s terms.

2.2 Updates: This license extends to any updates provided by the Licensor, which may replace, repair, or supplement the original Licensed Application. In the absence of a separate license for such updates, the terms of this agreement will govern their usage.

2.3 Restrictions on Sharing: You are prohibited from sharing or making the Licensed Application available to third parties, except to the extent permitted by the Usage Rules and with the prior written consent of Leadstart Media, Inc. This license does not authorize you to sell, rent, lend, lease, or redistribute the Licensed Application in any manner.

2.4 Prohibition on Reverse Engineering: Reverse engineering, translation, disassembly, integration, decompilation, removal, modification, combination, creation of derivative works or updates, adaptation, or any attempt to derive the source code of the Licensed Application or any part thereof is strictly prohibited without the prior written consent of Leadstart Media, Inc.

2.5 Copy and Alteration Restrictions: Except where expressly authorized by this license and the Usage Rules, you may not copy or alter the Licensed Application or any of its components. You may create and store copies solely on Devices under your ownership or control for backup purposes, as stipulated by this license, the Usage Rules, and any other relevant terms and conditions. Intellectual property notices must not be removed, and you acknowledge that unauthorized third parties must not gain access to these copies. If you sell your Devices to a third party, it is your responsibility to remove the Licensed Application from those Devices beforehand.

2.6 Consequences of Violation: Any violations of the aforementioned obligations, as well as attempts to infringe upon them, may result in prosecution and claims for damages.

2.7 Modification of Terms: The Licensor retains the right to modify the terms and conditions of this licensing agreement.

2.8 Third-Party Terms: This license does not impose restrictions on third-party terms. While using the Licensed Application, you are required to ensure compliance with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Updates and Compatibility: The Licensor endeavors to maintain the Licensed Application to ensure its compliance with new hardware and modified or updated firmware versions. However, it’s important to note that you do not possess the right to demand or claim such updates as a guaranteed entitlement.

3.2 Device Compatibility: It is incumbent upon you to verify and ascertain that the end-user device on which you intend to use the Licensed Application meets the technical specifications and requirements outlined above.

3.3 Technical Specification Changes: The Licensor retains the discretion to make adjustments to the technical specifications as it deems necessary at any given time.

4. MAINTENANCE AND SUPPORT

4.1 Maintenance and Support Services: The Licensor assumes full responsibility for providing any maintenance and support services related to this Licensed Application. You can contact the Licensor using the email address provided in the App Store or Play Store Overview section for this Licensed Application.

4.2 Services’ Obligations: Both Leadstart Media, Inc. and the End-User acknowledge that the Services, referring to the distribution platforms (App Store and Play Store), are under no obligation whatsoever to furnish any maintenance or support services in connection with the Licensed Application.

5. USE OF DATA

You recognize that the Licensor will have the capability to access and make adjustments to the content of the Licensed Application that you have downloaded, as well as your personal information. The use of such content and information by the Licensor is subject to your legal agreements with the Licensor and its privacy policy, which can be found at leadstart.org/privacy.

Furthermore, you acknowledge that the Licensor may periodically collect and use technical data and related information pertaining to your device, system, application software, and peripherals. This information may be used to offer product support, facilitate software updates, and provide other services (if applicable) related to the Licensed Application. The Licensor may also use this data for the purpose of enhancing its products or delivering services or technologies to you, provided that it is used in a manner that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may extend invitations to engage in discussions, contribute to blogs, participate in message boards, online forums, and other interactive features. It may also afford you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials within the Licensed Application. These contributions include a wide range of content types, including but not limited to text, written content, videos, audio recordings, photographs, graphics, comments, suggestions, personal information, and other materials collectively referred to as “Contributions.”

It is important to note that Contributions you transmit may be visible to other users of the Licensed Application and may also be accessible through third-party websites or applications. Any Contributions you create or make available should be considered non-confidential and non-proprietary.

When you generate Contributions, you are representing and warranting the following:

1. That the creation, distribution, transmission, public display, or performance, as well as the accessing, downloading, or copying of your Contributions, do not and will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

2. That you are the rightful creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions as envisioned by the Licensed Application and this License Agreement.

3. That you have obtained the written consent, release, and/or permission from each identifiable individual person featured in your Contributions to use their name or likeness for the inclusion and use of your Contributions, in accordance with the Licensed Application and this License Agreement.

4. That your Contributions are truthful, accurate, and not misleading.

5. That your Contributions do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.

6. That your Contributions are devoid of obscenity, lewdness, lasciviousness, filthiness, violence, harassment, libel, slander, or any other objectionable content (as determined by us).

7. That your Contributions do not engage in ridicule, mockery, disparagement, intimidation, or abuse towards any individual or

group.

8. That your Contributions are not intended to harass or threaten, in the legal sense, any other person or promote violence against specific individuals or classes of people.

9. That your Contributions do not violate any applicable law, regulation, or rule.

10. That your Contributions do not violate the privacy or publicity rights of any third party.

11. That your Contributions do not breach any applicable laws related to child pornography or any provisions meant to protect the well-being of minors.

12. That your Contributions do not include offensive comments based on race, national origin, gender, sexual preference, or physical handicap.

13. That your Contributions do not otherwise infringe upon, or link to material that infringes upon, any provision of this License Agreement, applicable laws, or regulations.

Any utilization of the Licensed Application that contravenes the aforementioned guidelines constitutes a violation of this License Agreement and may result in various consequences, including the termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

When you post Contributions within the Licensed Application or make them accessible through the Licensed Application by linking your account to your social networking accounts, you automatically grant us an extensive, unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license. This license allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions. This includes your image and voice, for any purpose, whether commercial advertising or otherwise. Additionally, this license includes the creation of derivative works or their incorporation into other works, as well as granting and authorizing sublicenses of these rights. This use and distribution may take place in various media formats and through different media channels. It applies to current and future forms, media, or technologies, including the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide. By granting this license, you waive all moral rights associated with your Contributions. You confirm that no moral rights have been asserted in your Contributions.

It is important to note that we do not claim ownership of your Contributions. You retain complete ownership of your Contributions, along with any intellectual property rights or other proprietary rights tied to them. We bear no liability for any statements or representations within your Contributions. You are solely responsible for your Contributions within the Licensed Application, and you explicitly release us from any responsibility and agree not to pursue any legal action against us in connection with your Contributions.

In our sole discretion, we reserve the right to (1) edit, redact, or otherwise modify Contributions; (2) reclassify Contributions for placement in more suitable sections of the Licensed Application; and (3) edit or delete Contributions at any time and for any reason, without prior notice. We are not obligated to monitor your Contributions.

8. LIABILITY

8.1 Limitation of Liability: The Licensor’s liability in cases of contractual violations and tort shall be limited to cases of intent and gross negligence. Only in instances of a breach of fundamental contractual obligations (cardinal obligations), shall the Licensor also be liable for slight negligence. In any event, liability shall be confined to foreseeable, contractually typical damages. This limitation of liability does not extend to cases involving harm to life, limb, or health.

8.2 Data Loss Responsibility: The Licensor assumes no responsibility or liability for damages resulting from breaches of duties under Section 2 of this License Agreement. To prevent data loss, you are required to use the backup functions of the Licensed Application in accordance with the terms and conditions of third-party use, as applicable. You acknowledge that in the event of alterations or manipulations of the Licensed Application, you may lose access to the Licensed Application.

9. WARRANTY

9.1 Warranty Assurance: The Licensor provides a warranty that, at the time of your download, the Licensed Application is free from spyware, trojan horses, viruses, or any other form of malware. Furthermore, the Licensor warrants that the Licensed Application functions as described in the user documentation.

9.2 Exclusions from Warranty: No warranty is extended for instances where the Licensed Application is not executable on the device, has been unauthorizedly modified, subjected to inappropriate handling, combined with unsuitable hardware or software, used with improper accessories, whether by you or third parties, or when other factors beyond the sphere of influence of Leadstart Media, Inc. affect the operability of the Licensed Application.

9.3 Inspection and Notification: Upon installing the Licensed Application, it is incumbent upon you to promptly inspect its functionality. Any issues discovered must be expeditiously reported to Leadstart Media, Inc. through the contact email provided in the Contact Information section. Defect reports will be considered and further investigated if submitted within ninety (90) days of discovery.

9.4 Remedying Defects: In the event that we confirm a defect in the Licensed Application, Leadstart Media, Inc. retains the option to rectify the situation either by resolving the defect or providing a replacement.

9.5 Services Shop Manager’s Role: If the Licensed Application fails to meet any applicable warranty, you may notify the Services Shop Manager, and you may receive a refund of your Licensed Application purchase price. To the fullest extent permissible by applicable law, the Services Shop Manager bears no further warranty obligations with respect to the Licensed Application. Any other losses, claims, damages, liabilities, expenses, and costs attributable to a failure to adhere to any warranty are also the responsibility of the Services Shop Manager.

9.6 Statutory Limitations: In the case of users, any claims arising from defects are subject to a statutory limitation period of twelve (12) months from the date the Licensed Application was made available to the user. Statutory limitation periods stipulated by law apply to users who are consumers.

10. PRODUCT CLAIMS

Both Leadstart Media, Inc. and the End-User acknowledge and affirm that Leadstart Media, Inc., not the Services, bears the responsibility for addressing any claims raised by the End-User or any third party pertaining to the Licensed Application or the End-User’s possession and utilization of said Licensed Application. These claims include, but are not limited to:

(i) Assertions related to product liability;
(ii) Claims asserting that the Licensed Application fails to adhere to applicable legal or regulatory requirements; and
(iii) Claims arising within the domains of consumer protection, privacy, or analogous legislation.

11. LEGAL COMPLIANCE

You affirm and warrant that your location is not within a country that is subject to a US Government embargo or has been designated by the US Government as a “terrorist supporting” country. Additionally, you confirm that you are not included in any US Government roster of prohibited or restricted parties.

12. CONTACT INFORMATION

For any general inquiries, complaints, questions, or claims pertaining to the Licensed Application, please direct your communication to:

Jessica Kafor
235 Peachtree Street Northeast #400
Atlanta, GA 30303
United States
Email: [email protected]

13. TERMINATION

The validity of this license extends until termination, which may be initiated by Leadstart Media, Inc. or by yourself. In the event of your failure to adhere to any term(s) of this license, your rights under this license will be automatically and without notice revoked by Leadstart Media, Inc. Following the termination of this license, you are obligated to cease all use of the Licensed Application and dispose of all copies, whether in full or in part, of the Licensed Application.

13. TERMINATION

The duration of this license remains in effect until it is terminated, a prerogative that can be exercised by Leadstart Media, Inc. or by you. Should you fail to adhere to any term(s) of this license, your rights conferred under this license will cease automatically, without any notice from Leadstart Media, Inc. Upon the termination of this license, you are obliged to discontinue all use of the Licensed Application and eliminate all copies, whether complete or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Leadstart Media, Inc. affirms and guarantees its compliance with applicable third-party terms of agreement when using the Licensed Application. Pursuant to Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google, along with their subsidiaries, shall assume the role of third-party beneficiaries of this End User License Agreement. Upon your acceptance of the terms and conditions outlined in this License Agreement, both Apple and Google possess the right, and will be considered to have accepted that right, to enforce this End User License Agreement.

15. INTELLECTUAL PROPERTY RIGHTS

Both Leadstart Media, Inc. and the End-User acknowledge that, in the event of any third-party claim asserting that the Licensed Application or the End-User’s possession and utilization thereof infringes upon the intellectual property rights of said third party, Leadstart Media, Inc., and not the Services, shall assume sole responsibility for the investigation, defense, settlement, and resolution of such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is subject to the jurisdiction of the laws of the State of Georgia, with the exclusion of its conflict of law principles.

17. MISCELLANEOUS

17.1 Preservation of Validity: In the event that any term within this agreement is or becomes invalid, the remaining provisions’ validity shall remain unaffected. Invalid terms will be substituted with valid ones, framed in a manner that preserves the primary intent of the agreement.

17.2 Written Agreements: Supplementary agreements, modifications, and amendments to this agreement are legally binding only if documented in writing. The waiver of the preceding clause is valid only when executed in writing.