Effective as of July 27, 2022
Binding Agreement to Legal Terms
Leadstart Media, Inc. (“Company,” “we,” “us,” “our”), a legally established entity in Georgia, United States, with its registered office at 235 Peachtree Street Northeast #400, Atlanta, GA 30303, administers the website https://leadstart.org (“Site”), the mobile application Leadstart Media (“App”), and other associated products and services that are governed by these Legal Terms (collectively referred to as the “Services”). Our organization specializes in offering a range of complimentary web services, meticulously curated content, and practical blog advice through our website, leadstart.org. Our Services cater predominantly to creative professionals, including agencies, entrepreneurs, web designers, developers, content managers, and small businesses. Our extensive collection boasts thousands of images and illustrations created using Artificial Intelligence, alongside a carefully selected array of fonts tailored to our target demographic. Additionally, we provide professional code blocks specifically designed for WordPress, one of the world’s leading open-source content management systems.
For inquiries or assistance, we can be reached at phone number (+1)8003907856, via email at email@example.com, or through postal mail at our registered office address mentioned above.
This document, comprising the Legal Terms, forms a legally enforceable agreement between you, whether as an individual or on behalf of an entity (“you”), and Leadstart Media, Inc., pertaining to your access and use of the Services. By accessing the Services, you acknowledge that you have thoroughly read, understood, and consented to be legally bound by these Legal Terms. Should you not agree with all the provisions contained herein, you are explicitly prohibited from using the Services and must cease usage immediately.
We commit to providing advance notice of any planned modifications to the Services you use. Amendments to these Legal Terms will take effect seven (7) days after such notice, except in cases involving new features, security enhancements, bug fixes, or compliance with court orders, where the changes will become immediately effective. Your continued use of the Services post the effective date of these changes indicates your acceptance of the revised terms. If you do not concur with the modifications, you retain the right to discontinue the Services as outlined in the “TERM AND TERMINATION” section.
The Services offered are exclusively designed for individuals who are at least 18 years of age. We strictly prohibit the usage or registration of the Services by persons under the age of 18. For your convenience and future reference, we advise you to print a copy of these Legal Terms.
Table of Contents
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
6. PURCHASES AND PAYMENT
7. RETURN/REFUNDS POLICY
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. GUIDELINES FOR REVIEWS
13. MOBILE APPLICATION LICENSE
14. SOCIAL MEDIA INTEGRATION
15. THIRD-PARTY WEBSITES AND CONTENT
17. SERVICES MANAGEMENT
19. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
20. TERM AND TERMINATION
21. MODIFICATIONS AND INTERRUPTIONS
22. GOVERNING LAW
23. DISPUTE RESOLUTION
26. LIMITATIONS OF LIABILITY
28. USER DATA
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
30. CALIFORNIA USERS AND RESIDENTS
32. WEB SERVICES
33. MOBILE APPLICATIONS
35. CONTACT US
1. Our Services
It is important to note that the information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would break local law or regulation, or which would impose any registration requirement within such jurisdiction or country. Those who opt to access the Services from locations outside the stipulated boundaries do so on their initiative and are solely responsible for adhering to applicable local laws.
Furthermore, the Services are not designed to be compliant with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), and others. Therefore, if your interactions are subject to such regulations, you should refrain from using the Services. Additionally, the Services must not be used in any manner that breaks the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Ownership and Rights in Our Services
We, Leadstart Media, Inc., assert our ownership or licensure of all intellectual property rights pertaining to our Services. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics present in the Services (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are safeguarded by copyright, trademark laws, and various other intellectual property rights and unfair competition laws, both in the United States and internationally.
Usage of Content and Marks
The Content and Marks are made available through the Services strictly for your personal, non-commercial usage or internal business purposes only, and are provided “AS IS.”
Commercial Use Limitations
Except as specified in this section or elsewhere in our Legal Terms, no portion of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose whatsoever, without our explicit prior written consent.
Requests for Additional Usage
Should you desire to use the Services, Content, or Marks beyond the scope detailed in this section or elsewhere in our Legal Terms, please direct your request to firstname.lastname@example.org. In instances where we grant permission for you to post, reproduce, or publicly display any part of our Services or Content, it is imperative that you acknowledge us as the owners or licensors of the Services, Content, or Marks, ensuring that any copyright or proprietary notices are clearly visible upon posting, reproducing, or displaying our Content.
Reservation of Rights
We reserve all rights not explicitly granted to you in and to the Services, Content, and Marks.
Consequences of Intellectual Property Rights Violation
Any infringement of these Intellectual Property Rights constitutes a material breach of our Legal Terms. Should such a breach occur, your right to use our Services will be terminated immediately.
Your Submissions and Contributions
Regarding Submissions and Contributions
It is essential that you meticulously review both this section and the “PROHIBITED ACTIVITIES” section before using our Services. This review will clarify (a) the rights you grant to us and (b) the responsibilities you assume when posting or uploading content through the Services.
Rights in Submissions
When you directly provide us with any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), you are agreeing to assign to us all intellectual property rights in such submissions. You acknowledge and consent that we shall own these submissions and possess the right to unrestricted use and dissemination for any lawful purpose, be it commercial or otherwise, without any obligation for acknowledgment or compensation to you.
Nature and License of Contributions
The Services may offer you opportunities to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities. In these interactions, you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services. This includes, but is not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, or other material (“Contributions”). It is important to note that any Submission that is publicly posted shall also be considered as a Contribution.
Visibility of Contributions
Be aware that your Contributions may be accessible to other users of the Services and could also be visible through third-party websites.
Granting Us a License
By posting any Contributions, you grant us a full, unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license. This license permits us to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions for any purpose, including commercial, advertising, or otherwise. This extends to preparing derivative works of, or incorporating into other works, your Contributions, and to sublicense these granted licenses. The exploitation of your Contributions may occur in any media formats and through any media channels.
This license also includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide.
Responsibility for Your Posts and Content
By sending us Submissions and/or posting Contributions through any part of the Services, or by making Contributions accessible through the Services by linking your account to any of your social networking accounts, you:
1. Confirm that you have read, understood, and agree with our “PROHIBITED ACTIVITIES”. You pledge not to post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.
2. To the extent permissible by applicable law, waive any and all moral rights to such Submission and/or Contribution.
3. Warrant that your Submissions and/or Contributions are either original to you or that you have secured the necessary rights and licenses for such Submissions and/or Contributions. You also affirm that you possess full authority to grant us the rights outlined above in relation to your Submissions and/or Contributions.
4. Represent and warrant that your Submissions and/or Contributions do not contain confidential information.
Responsibility for Submissions and Contributions
As a user, you bear full responsibility for your Submissions and/or Contributions. You expressly agree to indemnify us for any losses we may incur as a result of your breach of (a) this section, (b) any third-party’s intellectual property rights, or (c) applicable laws.
Content Management and Copyright Infringement
We reserve the right, though not the obligation, to monitor Contributions and may, at our discretion, remove or edit Contributions at any time without notice if deemed harmful or in breach of these Legal Terms. Should such removal or editing occur, we may also suspend or disable your account and report your actions to the authorities as necessary. We respect the intellectual property rights of others and take copyright infringement seriously. If you believe any material on or through the Services infringes upon a copyright you own or control, please refer to the “DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY” section.
3. User Representations
By using the Services, you represent and warrant that: (1) the registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you possess the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Services through automated or non-human means, such as bots or scripts; (6) you will not use the Services for illegal or unauthorized purposes; and (7) your use of the Services will not violate any applicable laws or regulations. We reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof) if any information provided is found to be untrue, inaccurate, not current, or incomplete.
4. User Registration
Registration may be required to use certain features of the Services. You agree to maintain the confidentiality of your password and accept responsibility for all activities under your account and password. We reserve the right to remove, reclaim, or change a username you select if deemed inappropriate, obscene, or objectionable at our sole discretion.
We strive to accurately display the colors, features, specifications, and details of products available on the Services, but do not guarantee that these descriptions are accurate, complete, reliable, current, or error-free. Your electronic display may not accurately reflect actual product colors and details. Product availability is not guaranteed, and we reserve the right to discontinue products at any time. Prices are subject to change without notice.
6. Purchases and Payments
We accept various forms of payment, including Visa, Mastercard, American Express, Discover, PayPal, Stripe, and Coinbase. You agree to provide current, complete, and accurate purchase and account information for all transactions made via the Services. You also agree to promptly update your account and payment information. Sales tax may be added as required. We reserve the right to change prices at any time and correct pricing errors, even after receiving payment.
All payments are in US dollars. You authorize us to charge your chosen payment method for all purchases, including applicable shipping fees. For orders with recurring charges, you consent to our charging your payment method on a recurring basis without requiring prior approval for each charge, until you cancel the order.
We reserve the right to refuse any order and may, in our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders under the same account, payment method, or to the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
7. Returns/Refunds Policy
Our policy clearly states that all sales are final. Accordingly, no refunds will be issued under any circumstances.
8. Software Use
In connection with our Services, we may provide software. If such software is accompanied by an End User License Agreement (“EULA”), the terms of the EULA will exclusively govern your use of the software. In the absence of an EULA, we grant you a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our Services and in adherence to these Legal Terms. All software and related documentation are provided “AS IS” without any warranty, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume all risks associated with the use or performance of any software. Reproduction or redistribution of any software is prohibited except as permitted under the EULA or these Legal Terms.
9. Prohibited Activities
The Services are intended solely for purposes explicitly authorized by us, and they must not be used for any commercial endeavors unless specifically endorsed or approved by us. As a user, you agree not to engage in the following prohibited activities:
- Systematically extracting data or content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
- Deceiving, defrauding, or misleading us and other users, particularly in attempts to obtain sensitive account information such as user passwords.
- Interfering with or circumventing the security features of the Services, including those preventing the use or copying of Content or enforcing usage limitations.
- Disparaging or causing harm to us or the Services, in our opinion.
- Using information from the Services to harass, abuse, or harm another person.
- Misusing our support services or submitting false reports of abuse or misconduct.
- Using the Services in a manner inconsistent with any applicable laws or regulations.
- Engaging in unauthorized framing of or linking to the Services.
- Uploading or transmitting harmful materials like viruses, Trojan horses, or engaging in spamming, which impairs others’ use and enjoyment of the Services.
- Using automated systems (e.g., scripts, data mining tools, robots) on the Services.
- Removing copyright or other proprietary rights notices from any Content.
- Impersonating another user or person, or using someone else’s username.
- Uploading or transmitting material that acts as an information collection or transmission mechanism (e.g., spyware, cookies).
- Overburdening the Services or connected networks or services.
- Harassing, intimidating, or threatening our employees or agents involved in providing the Services.
- Bypassing any measures designed to restrict access to the Services or any part thereof.
- Deciphering, decompiling, disassembling, or reverse engineering any part of the Services’ software, except as permitted by law.
- Using any automated system, including spiders, robots, or offline readers, to access the Services, except for standard search engines or browsers.
- Using a buying or purchasing agent to make purchases on the Services.
- Unauthorized use of the Services, including collecting usernames or email addresses for unsolicited email, or creating accounts by automated means or under false pretenses.
- Using the Services to compete with us or for any revenue-generating endeavor or commercial enterprise.
- Selling or transferring your profile.
- Using the Services to advertise or sell goods and services.
10. User Generated Contributions
The Services provide a platform for user interaction, including but not limited to, chatting, contributing to blogs, message boards, online forums, and various functionalities. These interactions offer you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively, “Contributions”). Please be aware that Contributions may be visible to other users of the Services and on third-party websites, and should be considered non-confidential and non-proprietary.
When you make Contributions, you represent and warrant that:
- 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.
- You are either the sole creator and owner of your Contributions, or you possess all necessary licenses, rights, consents, releases, and permissions to authorize us and other users of the Services to use your Contributions as envisaged by the Services and these Legal Terms.
- You have obtained the necessary consent, release, and/or permission from each identifiable individual in your Contributions to use their name or likeness as required for the inclusion and use of your Contributions in any manner by the Services and these Legal Terms.
- Your Contributions are truthful, accurate, and not misleading.
- Your Contributions do not consist of unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
- Your Contributions do not deride, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not employed to harass or threaten any individual, nor do they promote violence against any specific person or group.
- Your Contributions comply with all applicable laws, regulations, and rules, and do not infringe upon the privacy or publicity rights of any third party.
- Your Contributions adhere to applicable laws concerning child pornography and the protection of minors’ health and well-being.
- Your Contributions refrain from including offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not violate, nor do they link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the above stipulations may result in termination or suspension of your rights to use the Services, as such actions contravene these Legal Terms.
11. Contribution License
When you post Contributions to any part of the Services or make them accessible by linking your account from the Services to your social networking accounts, you automatically grant us a full license. This license, which you represent and warrant you have the right to grant, is an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license. It allows us to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions (including your image and voice) for any purpose, including commercial, advertising, or otherwise. It also includes the right to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. This license applies to any form, media, or technology, whether now known or developed in the future, and includes the use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that moral rights have not been otherwise asserted in your Contributions.
Ownership and Responsibility for Contributions
We do not claim any ownership over your Contributions. You maintain full ownership and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided on the Services. You are solely responsible for your Contributions to the Services and agree to exonerate us from any and all responsibility and to refrain from legal action against us regarding your Contributions.
We reserve the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations within the Services; and (3) review or delete any Contributions at any time and for any reason, without notice. We are not obligated to monitor your Contributions.
12. Guidelines for Reviews
We may provide areas within the Services for you to post reviews or ratings. When posting a review, you must adhere to the following criteria:
(1) have firsthand experience with the subject of the review;
(2) refrain from using offensive profanity, abusive, racist, offensive, or hateful language;
(3) avoid discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) do not reference illegal activities;
(5) avoid posting negative reviews if you are affiliated with competitors;
(6) do not draw legal conclusions;
(7) refrain from posting false or misleading statements; and
(8) do not organize campaigns to influence others to post reviews, whether positive or negative.
We reserve the right, at our sole discretion, to accept, reject, or remove reviews. We have no obligation to screen reviews or to delete them, even if considered objectionable or inaccurate by some. Reviews do not necessarily reflect our opinions or those of our affiliates or partners and are not endorsed by us. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.
13. Mobile Application License
If you access the Services using our App, we provide you with a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices that you own or control. This usage is governed strictly by the terms and conditions of this mobile application license included in these Legal Terms. The following restrictions apply to your use of the App: (1) unless allowed by applicable law, you may not decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) you are prohibited from making any modifications, adaptations, improvements, enhancements, translations, or derivative works from the App; (3) you must not violate any applicable laws, rules, or regulations in your access or use of the App; (4) you shall not remove, alter, or obscure any proprietary notices posted by us or the licensors of the App; (5) the App is not to be used for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (6) you may not make the App available on a network or other environments that allow access or use by multiple devices or users simultaneously; (7) you are prohibited from using the App to create a product, service, or software that is directly or indirectly competitive with or a substitute for the App; (8) you may not use the App to send automated queries to any website or to send any unsolicited commercial emails; and (9) you are not permitted to use any of our proprietary information or interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you access the Services via the App obtained from either the Apple Store or Google Play (referred to as “App Distributor”):
(1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that operates on Apple iOS or Android operating systems, in compliance with the usage rules set forth in the App Distributor’s terms of service;
(2) we are responsible for any maintenance and support services for the App as specified in these Legal Terms or as required under applicable law, and you acknowledge that the App Distributor has no obligation to furnish any maintenance and support services for the App;
(3) in the event the App fails to conform to any applicable warranty, you may notify the respective App Distributor, and the App Distributor may refund the purchase price for the App (if any) in accordance with its policies, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
(4) you declare and warrant that (i) you are not located in a country subject to a US government embargo, or designated as a “terrorist supporting” country by the US government, and (ii) you are not on any US government list of prohibited or restricted parties;
(5) you must adhere to applicable third-party terms of agreement when using the App, for instance, compliance with wireless data service agreements in the case of a VoIP application; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license, and each App Distributor will have the right to enforce these terms and conditions against you as a third-party beneficiary.
14. Social Media Integration
The Services offer functionality that allows you to link your account with third-party service providers (each, a “Third-Party Account”), either by providing your Third-Party Account login information through the Services or by permitting us to access your Third-Party Account, as authorized under the terms and conditions governing your use of each Third-Party Account. You affirm and warrant that you have the right to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without violating any terms and conditions that govern your use of the respective Third-Party Account and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider.
By allowing us access to your Third-Party Accounts, you understand that: (1) we may access, make available, and store any content provided and stored in your Third-Party Account (“Social Network Content”) so that it is accessible on and through the Services via your account, including friend lists; and (2) we may submit and receive additional information from your Third-Party Account as notified during the linking process. The personally identifiable information you post to your Third-Party Accounts may be available on and through your account on the Services, depending on the Third-Party Accounts you select and your privacy settings within those accounts.
Please be aware that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated, the Social Network Content may no longer be accessible through the Services. You have the option to disconnect the link between your Services account and your Third-Party Accounts at any time.
Note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such service providers. We do not review Social Network Content for accuracy, legality, or non-infringement, and are not responsible for it.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list on your mobile device or tablet for the purpose of identifying and informing you of contacts who have also registered to use the Services. To deactivate the connection between the Services and your Third-Party Account, you can contact us using the provided contact information or through your account settings. We will endeavor to delete any information obtained from your Third-Party Account from our servers, except for the username and profile picture associated with your account.
15. Third-Party Websites and Content
The Services may contain links to other websites (“Third-Party Websites”) and include content originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness. Therefore, we are not responsible for any Third-Party Websites accessed via the Services or any Third-Party Content posted on, available through, or installed from the Services, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies. Inclusion of or linking to any Third-Party Websites or Third-Party Content does not imply our approval or endorsement.
If you choose to access Third-Party Websites or to use or install Third-Party Content, you do so at your own risk, and these Legal Terms no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Services or relating to any applications you use or install from the Services.
We are not responsible for any purchases made through Third-Party Websites, which are solely between you and the applicable third party. You acknowledge that we do not endorse the products or services offered on Third-Party Websites and agree to hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses or harm resulting in any way from Third-Party Content or your contact with Third-Party Websites.
16. Advertiser Partnerships
Within the Services, we provide opportunities for advertisers to display their advertisements and other relevant information in designated areas, such as sidebar or banner advertisements. Our role is solely to offer the space for these advertisements, and we maintain no further relationship with the advertisers.
17. Services Management
We maintain the right, though not the obligation, to engage in several actions to manage the Services effectively. These include:
(1) monitoring the Services for potential violations of these Legal Terms;
(2) taking appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such individuals to law enforcement authorities;
(3) refusing access to, restricting, limiting, or disabling (as far as technologically feasible) any of your Contributions or any part thereof at our sole discretion
(4) removing or disabling files and content that are excessively large or burdensome to our systems; and
(5) managing the Services in a manner that protects our rights and property and facilitates the proper functioning of the Services.
19. Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect and uphold the intellectual property rights of others. Should you believe that any material available on or through the Services infringes upon a copyright you hold or control, please promptly inform our Designated Copyright Agent at the contact information provided below. Your notification will be forwarded to the individual responsible for the material in question. Be aware that false claims in your notification may expose you to liability for damages under federal law. Therefore, we advise consulting an attorney if you are unsure about the material’s infringing nature.
A DMCA Notification should adhere to 17 U.S.C. § 512(c)(3) and include:
(1) your signature (physical or electronic) as the person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed;
(2) identification of the claimed infringing work or a representative list if multiple works are involved;
(3) identification of the infringing material to be removed or disabled, and information sufficient for us to locate it;
(4) your contact details, such as address, telephone number, and email address;
(5) a statement of good faith belief that the use of the material is unauthorized; and
(6) a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.
If you believe that your copyrighted material has been erroneously removed or disabled, you may submit a Counter Notification to us. For a Counter Notification to be effective under the DMCA, it must include substantially:
(1) identification of the material that was removed and its previous location;
(2) a statement of consent to the jurisdiction of the Federal District Court for your address, or if outside the United States, for any district in which we are located;
(3) a statement agreeing to accept service from the party who filed the Notification or their agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you believe the material was removed by mistake or misidentification; and
(6) your physical or electronic signature.
Upon receipt of a valid Counter Notification, we will restore the material in question, unless we receive notice from the party who filed the original Notification that they have initiated legal action to prevent your infringing activity related to the material. Please be advised that falsely representing that disabled or removed content was mistakenly identified may result in liability for damages, including costs and attorney’s fees. Filing a false Counter Notification is perjury.
Designated Copyright Agent
Our designated agent for copyright matters is Jessica Kafor. Correspondence regarding copyright infringement can be addressed to:
Leadstart Media, Inc.
Attention: Copyright Agent
235 Peachtree Street Northeast
Atlanta, GA 30303
20. Term and Termination
These Legal Terms shall remain effective as long as you use the Services. We reserve the unilateral right to deny access to and use of the Services (including blocking certain IP addresses), at our sole discretion and without notice or liability, to any person for any reason or no reason at all, particularly in cases of breach of any representation, warranty, or covenant in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information you posted at any time, without warning, at our sole discretion.
If we suspend or terminate your account, you are prohibited from creating a new account under your own name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to account termination or suspension, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
21. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at our sole discretion, without notice, at any time. We are not obligated to update any information on our Services. Additionally, we reserve the right to modify or discontinue all or part of the Services without notice at any time. We shall not be liable for any modification, price change, suspension, or discontinuance of the Services.
We do not guarantee uninterrupted availability of the Services and may face hardware, software, or other issues or need to perform maintenance related to the Services, leading to interruptions, delays, or errors. We reserve the right to modify, suspend, discontinue, or update the Services at any time, for any reason, without notice to you. We will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. These Legal Terms do not obligate us to maintain and support the Services or provide any corrections, updates, or releases.
22. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflict of law principles.
23. Dispute Resolution
To expedite resolution and control costs, both parties agree to first attempt to negotiate any dispute related to these Legal Terms informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other.
If the parties cannot resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. You acknowledge that without this provision, you would have the right to sue in court and have a jury trial. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, both available on the AAA website. Arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and limited by them where appropriate.
The arbitration can be conducted in person, via document submission, by phone, or online. The arbitrator will provide a written decision, and upon request by either Party, will include a statement of reasons. It is imperative that the arbitrator adheres to applicable law, and any award rendered can be contested if the arbitrator fails to do so. Unless otherwise required by the AAA rules or applicable law, the arbitration will take place in Fulton, Georgia. The Parties retain the right to engage in court proceedings to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award.
In the event that a Dispute proceeds in court rather than through arbitration, it shall be initiated or prosecuted in the state and federal courts located in Fulton, Georgia. The Parties hereby consent to, and waive any objections to, the exercise of jurisdiction and venue in such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is expressly excluded from these Legal Terms.
Any Dispute related in any way to the Services must be filed within one (1) year after the cause of action arises. If this time-limitation provision is deemed illegal or unenforceable, then neither Party will opt for arbitration for any Dispute falling within that part of the provision found to be illegal or unenforceable. Such a Dispute shall be decided by a court of competent jurisdiction within the specified courts, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that arbitration shall be confined to the Dispute between them individually. To the fullest extent permitted by law,
(a) no arbitration shall be consolidated with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to employ class action procedures; and
(c) no Dispute may be brought in a representative capacity on behalf of the public or other persons.
Exceptions to Arbitration
The Parties agree that certain Disputes are exempt from the above provisions regarding informal negotiations and arbitration, specifically:
(a) Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Party;
(b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) claims for injunctive relief. If this exemption provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that part of this provision found to be illegal or unenforceable, and such Dispute shall be adjudicated by a court of competent jurisdiction within the specified courts, with the Parties consenting to the personal jurisdiction of that court.
Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions, including those related to descriptions, pricing, availability, and other various details. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information on the Services at any time, without prior notice.
25. Disclaimer of Warranties
The Services are provided on an “as-is” and “as-available” basis. Your use of the Services is at your sole risk. We expressly disclaim all warranties, whether express or implied, related to the Services and your use thereof, to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any assurances about the accuracy or completeness of the content of the Services or any websites or mobile applications linked to the Services. We will not be responsible for any:
(1) errors, inaccuracies, or mistakes in content and materials,
(2) personal injury or property damage resulting from your access to and use of the Services,
(3) unauthorized access to or use of our secure servers and/or any personal or financial information stored therein,
(4) interruption or cessation of transmission to or from the Services,
(5) bugs, viruses, trojan horses, or similar issues transmitted to or through the Services by any third party, and/or
(6) errors or omissions in any content and materials or for any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available via the Services.
Furthermore, we do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We are not involved in monitoring any transactions between you and third-party providers of products or services.
26. Limitation of Liability
In no event will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from or related to:
(1) your Contributions;
(2) your use of the Services;
(3) your breach of these Legal Terms;
(4) your breach of representations and warranties set forth in these Legal Terms;
(5) your violation of the rights of a third party, including intellectual property rights; or
(6) any harmful act toward another user of the Services with whom you connected via the Services.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
28. User Data Management
We will maintain certain data that you transmit to the Services for managing the performance of the Services, as well as data relating to your use of the Services. While we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you undertake using the Services. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
29. Electronic Communications and Transactions
Engaging with the Services, including sending us emails and completing online forms, constitutes electronic communications. By using the Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirements for such communications to be in writing. You further consent to the use of electronic signatures, contracts, orders, and other records, as well as to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You waive any rights or requirements under any laws in any jurisdiction which mandate an original signature or the retention of non-electronic records, or to payments or the granting of credits by means other than electronic means.
30. California Users and Residents
If you are a California resident and have a complaint that is not satisfactorily resolved with us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
Written correspondence can be sent to:
1625 North Market Blvd.,
Suite N 112,
Sacramento, California 95834
or you can reach them by telephone at (800) 952-5210 or (916) 445-1254.
31. Miscellaneous Provisions
These Legal Terms, along with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These terms are operational to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any part of these Legal Terms is determined to be unlawful, void, or unenforceable, that part is severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us. These Terms will not be construed against us by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
32. Web Services Compliance and Commitments
Our web services adhere to various legal and regulatory frameworks, ensuring compliance and commitment to the following:
- COPPA Compliance: We adhere to the Children’s Online Privacy Protection Act, not collecting information from anyone under 13 years of age.
- CCPA Acknowledgment: In accordance with the California Consumer Privacy Act, we respect the rights of California residents regarding their data.
- ADA Accessibility: We strive to maintain ADA compliance, ensuring our services are accessible to all users.
- DMCA Notice: We adhere to the Digital Millennium Copyright Act, addressing unauthorized use or infringement.
- FTC Compliance: Our marketing and advertising practices align with the Federal Trade Commission’s guidelines.
- GDPR Compliance: We are committed to protecting user data in line with the General Data Protection Regulation.
- ePrivacy Assurance: Our electronic communications comply with the ePrivacy Directive, prioritizing confidentiality.
- EU Accessibility Commitment: In accordance with the EU Accessibility Directive, our services are accessible to users with disabilities.
- Copyright Directive Adherence: We respect copyright laws in the Digital Single Market.
- NIS Directive Compliance: We implement robust cybersecurity measures in line with the Network and Information Security Directive.
33. Mobile Applications Compliance
Our mobile applications comply with various regulations and statutes to ensure user safety and data privacy:
- COPPA Rule for Apps: Our apps do not target children under 13, and we do not knowingly collect their personal information.
- HIPAA Compliance (if applicable): The application complies with HIPAA regulations for the protection of health information.
- ECPA Acknowledgment: Communications within the app are protected under the Electronic Communications Privacy Act.
- CFAA Statement: We prohibit unauthorized access and data breaches, aligning with the Computer Fraud and Abuse Act.
- FTC Fair Advertising: All advertising in the app is in accordance with the Federal Trade Commission’s guidelines.
GDPR Commitment for Apps
This application is fully committed to respecting user privacy, strictly adhering to the guidelines of the General Data Protection Regulation (GDPR). In accordance with GDPR, users have the right to access, rectify, or erase their personal data.
ePrivacy Directive Compliance in Apps
We ensure that all electronic communications within this application are treated with the utmost confidentiality, in compliance with the ePrivacy Directive.
Net Neutrality Statement
In this application, we firmly adhere to the principles of Net Neutrality, guaranteeing that there is no unjustified discrimination in the treatment of internet traffic.
PSD2 Compliance for Payment Services
For any payment services offered within this application, we align with the requirements of the Payment Services Directive 2 (PSD2), ensuring secure and efficient payment processes.
Roaming Regulation Compliance
For applications that provide mobile services across the European Union, we comply with the EU Mobile Roaming Regulation, ensuring that roaming charges are transparent and fair.
34. Merchandise Standards AND Compliance
CPSA Compliance for Products
All products available on this platform adhere to the safety standards and regulations established by the Consumer Product Safety Act (CPSA).
FLSA Compliance for Product Production
We ensure that all products are produced in compliance with the Fair Labor Standards Act (FLSA), upholding fair labor practices and appropriate compensation.
Trademark Assurance for Merchandise
Our merchandise and branding strictly align with the Trademark Act of 1946. Any unauthorized use or reproduction of our trademarks will result in legal action.
REACH Compliance for Products
Our products comply with the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) regulation, ensuring the safe production and use of chemicals in our merchandise.
Consumer Rights Directive Adherence
We recognize and uphold the consumer rights as outlined in the Consumer Rights Directive, which includes the right to a 14-day withdrawal period for consumers.
35. Contact Information
For any inquiries or complaints regarding the Services, or for more information, please contact us at:
Leadstart Media, Inc.
235 Peachtree Street Northeast #400
Atlanta, GA 30303