Terms & Conditions - LeadStory

TERMS & CONDITIONS


Field Reporter Pty Ltd (LeadStory) - ACN 638 270 934


1. Introduction

LeadStory provides personalised news and content streaming services as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these LeadStory services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the Services), or accessing any content or material that is made available through the Service (the Content) you are entering into a binding contract with Field Reporter Pty Ltd.

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (the Agreement). The Agreement includes terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreement, the current effective version of the Agreements can be found on LeadStory's website.

You acknowledge that you have read and understood the Agreement, accept the Agreement, and agree to be bound by the terms. If you don't agree with (or cannot comply with) the Agreement, then you may not use the LeadStory Service or access any Content.

In order to use the LeadStory Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian's consent to the Agreement, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also agree and warrant that any registration information that you submit to LeadStory is true, accurate, and complete, and you agree to keep it that way at all times.

2. Changes to the Agreement

Occasionally we may make changes to the Agreement. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

3. Payments and Cancellations

3.1 Billing

You may purchase a Paid Subscription directly from LeadStory or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the LeadStory Service for a specific time period ("Pre-Paid Period").

LeadStory may change the price for the Paid Subscriptions, including recurring subscription fees, or the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the LeadStory Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

3.2 Renewal and Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to LeadStory or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through LeadStory, or if you purchased the Paid Subscription through a third party, by cancelling the Paid Subscription through such third party. We do not provide refunds or credits for any partial subscription periods.

4. Using our Service

The LeadStory Service and the Content are the property of LeadStory or LeadStory's licensors (including any and all content producers and content aggregators). We grant you limited, non-exclusive, revocable permission to make use of the LeadStory Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, Access). This Access shall remain in effect until and unless terminated by you or LeadStory. You promise and agree that you are using the LeadStory Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the LeadStory Service or the Content.

The LeadStory software applications and the Content are not sold or transferred to you, and LeadStory and its licensors retain ownership of all copies of the LeadStory software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (Devices).

All LeadStory trademarks, service marks, trade names, logos, domain names, and any other features of the LeadStory brand (LeadStory Brand Features) are the sole property of LeadStory or its licensors. The Agreements do not grant you any rights to use any LeadStory Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the LeadStory Service, the Content, or any part thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in the Agreement, LeadStory grants no right, title, or interest to you in the LeadStory Service or Content.

Third party software included in the LeadStory Service are made available to you under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

5. Third Party Applications and Devices

The LeadStory Service is integrated with or may otherwise interact with third party applications, websites, and services (Third Party Applications) and third party Devices to make the LeadStory Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that LeadStory does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does LeadStory warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

6. Rights you grant LeadStory

In consideration for the rights granted to you under the Agreement, you grant us the right (1) to allow the LeadStory Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the LeadStory Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including LeadStory's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by LeadStory may contain advertising as part of the Content. The LeadStory Service makes such Content available to you unmodified.

If you provide feedback, ideas or suggestions to LeadStory in connection with the LeadStory Service or Content (Feedback), you acknowledge that the Feedback is not confidential and you authorise LeadStory to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

6. Rights you grant LeadStory

In consideration for the rights granted to you under the Agreement, you grant us the right (1) to allow the LeadStory Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the LeadStory Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including LeadStory's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by LeadStory may contain advertising as part of the Content. The LeadStory Service makes such Content available to you unmodified.

If you provide feedback, ideas or suggestions to LeadStory in connection with the LeadStory Service or Content (Feedback), you acknowledge that the Feedback is not confidential and you authorise LeadStory to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

7. User Guidelines

LeadStory respects intellectual property rights and expects you to do the same. You must follow the following rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the LeadStory Service or the Content, or otherwise making any use of the LeadStory Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the LeadStory Service or the Content or any part of it;
  • using the LeadStory Service to import or copy any local files that you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorised Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the LeadStory Service, Content or any part thereof except to the extent permitted by applicable law;
  • circumventing any technology used by LeadStory, its licensors, or any third party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the LeadStory Service or the Content;
  • circumventing any territorial restrictions applied by LeadStory or it licensors;
  • artificially increasing play counts, follow counts or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • circumventing or blocking advertisements in the LeadStory Service, or creating or distributing tools designed to block advertisements in the LeadStory Service;
  • providing your password to any other person or using any other person's username and password;
  • "crawling" the LeadStory Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from LeadStory or the LeadStory Service;
  • selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
  • artificially promoting Content by automated means or otherwise.

Please respect LeadStory, the owners of the Content, and other users of the LeadStory Service. Don't engage in any activity, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of LeadStory or a third party;
  • includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by LeadStory;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by LeadStory;
  • interferes with or in any way disrupts the LeadStory Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or LeadStory's computer systems, network, usage rules, or any of LeadStory's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  • conflicts with the Agreements, as determined by LeadStory.

Please be thoughtful about how you use the LeadStory Service and what you share. The LeadStory Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on LeadStory or across the web, so please use LeadStory carefully and be mindful of your account settings. LeadStory has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

8. Infringement and Reporting Content

LeadStory respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see LeadStory's copyright policy If LeadStory is notified by a copyright holder, using the forms provided by LeadStory, that any Content infringes a copyright, LeadStory may in its sole discretion remove such Content from the Service, or take other steps that LeadStory deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to LeadStory with a request to restore the removed content, which LeadStory may or may not honour, in LeadStory's sole discretion.
If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

9. Service limitations and modifications

LeadStory will make reasonable efforts to keep the LeadStory Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. LeadStory reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the LeadStory Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the LeadStory Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to LeadStory for Paid Subscriptions that LeadStory permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments and cancellations section), LeadStory will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that LeadStory will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. LeadStory and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

10. Customer support

For customer support with account-related and payment-related questions (Customer Support Queries), please contact us using the form on the website leadstory.com/contact. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

11. Term and Termination

The Agreements will continue to apply to you until terminated by either you or LeadStory. However, you acknowledge and agree that the perpetual license granted by you is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. LeadStory may terminate the Agreements or suspend your access to the LeadStory Service at any time, including in the event of your actual or suspected unauthorized use of the LeadStory Service and/or Content, or non- compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or LeadStory terminate the Agreement, or if LeadStory suspends your access to the LeadStory Service, you agree that LeadStory shall have no liability or responsibility to you, and LeadStory will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your LeadStory account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

12. Warranty Disclaimer

You understand and agree that the LeadStory service is provided "as is" and "as available," without express or implied warranty or condition of any kind. LeadStory and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither LeadStory nor any owner of content warrants that the LeadStory service is free of malware or other harmful components. In addition, LeadStory makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, devices or any other product or service advertised, promoted or offered by a third party on or through the LeadStory service or any hyperlinked website, or featured in any banner or other advertising and LeadStory is not responsible or liable for any transaction between you and third party providers of the foregoing. No advice or information whether oral or in writing obtained by you from LeadStory shall create any warranty on behalf of LeadStory. While using the LeadStory service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law. This section does not affect your statutory rights as a consumer.

13. Limitation of Liability

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the LeadStory service is to uninstall any LeadStory software and to stop using the LeadStory service. You agree that LeadStory has no obligation or liability arising from or related to third party applications or the content thereof made available through or in connection with the LeadStory service, and while your relationship with such third party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to LeadStory, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

In no event will LeadStory, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the LeadStory service, devices third party applications, or third party application content, without regard to whether LeadStory has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the LeadStory service, third party applications, or third party application content more than the amounts paid by you to LeadStory during the prior twelve months in question.

Nothing in the agreements removes or limits LeadStory’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

You agree that any claim against LeadStory must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

This section applies to the fullest extent permitted by applicable law.

14. Third Party Rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and LeadStory, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and LeadStory only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.

15. Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and LeadStory, the Agreements constitute all the terms and conditions agreed upon between you and LeadStory and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

16. Severability, Waiver and Interpretation

Unless as otherwise stated in the Agreement, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by LeadStory or any third party beneficiary to enforce the Agreement or any provision thereof shall not waive LeadStory's or the applicable third party beneficiary's right to do so.

As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

17. Assignment

LeadStory may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and LeadStory may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

18. Indemnification

You agree to indemnify and hold LeadStory harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any Content you contribute to in any way; (3) any activity in which you engage on or through the LeadStory Service; and (4) your violation of any law or the rights of a third party.

19. Governing Law

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Australia.

Further, you and LeadStory agree to the jurisdiction of New South Wales, Australia to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them).

20. Contact us

If you have any questions concerning the LeadStory Service or the Agreement, please contact LeadStory Customer Service by visiting the Contact Us section of our website.

Thank you for reading our Terms. We hope you enjoy LeadStory!