Terms of Service
The use of the “Leakd” platform, and the software, information, intellectual property and services comprising that platform (Platform), which is owned or licensed by LEAKD PTY LTD (Leakd/we/us) is governed by the terms and conditions set out below (Terms of Service). Without limiting the ways in which you may be bound by these Terms of Service, by clicking “Subscribe” or “I accept the Terms of Service of this Service” (or similar wording), by signing a document in which you expressly agree to be bound by these Terms of Service or by using any similar mechanism indicating your acceptance of these Terms of Service, or otherwise by accessing and using the Platform, you (User / you) will be deemed to have accepted and will be bound by these Terms of Service (including as amended from time to time).
You must be over 16 years of age to use the Platform. By entering into these Terms of Service, you warrant and represent to Leakd that you are over 18 years of age.
PROVISION OF THE PLATFORM
Leakd provides you with access to the Platform pursuant to these Terms of Service. The purpose of the Platform is to allow Users to, amongst other things:
- writing content;
- import written content already published elsewhere by the User (where the User has permission to do so);
- edit content through various editing tools;
- access various third-party resources;
- publish content to the Platform;
- publish content to LinkedIn, Facebook, Reddit or Tumblr;
- read, share and save articles published by Users;
- read, share and save articles published external sources (where a User has permission to do so) (all of the above is Content).
- In using the Platform, Users will have the opportunity to upload Content via the Platform (User Content). The User Content may also include the User’s Personal Information.
The User acknowledges and agrees that:
- it is possible that the Platform could be affected by hacking or other security breaches and you accept that risk;
- Leakd does not guarantee that the Services will always be accurate, reliable, or error-free; and
- all intellectual property rights, including any rights in copyright, moral rights, inventions (including patents), trademarks, designs, circuit layouts (whether or not registered or registrable), which subsist in the Platform, including any data, material, or information created by or on behalf Leakd and displayed or made available via the Platform (Intellectual Property Rights) are the exclusive property of Leakd.
- Other than as expressly provided in these Terms of Service, Leakd does not accept any responsibility, and disclaims all and any liability for, any dispute between a User and another User in connection with the Platform or any related supply of services.
- Subject to these Terms of Service, the provision of the Services constitute Leakd’s only obligation to you.
- You agree that Leakd may modify the Services at any time, and discontinue the Services (or part thereof) at any time. Leakd may also restrict your use of some or all Services.
CREATING AN ACCOUNT WITH LEAKD AND ACCOUNT TYPES
- Leakd may require you to create an online account with Leakd (Account) in order to use some or all of the Services. Leakd may restrict the usage of the Services (or part thereof) for persons who do not have an Account. Leakd may, from time to time, amend or place restrictions on the requirements needed to create an Account.
If you create an Account with Leakd then you agree:
- if requested by Leakd, to use your email address as your username;
- provide Leakd with the information it requests to process your Account;
- that the Account will be created using Leakd’s online sign up process, or any other method specified by Leakd from time to time;
- to keep confidential and secure any password used to access the Account;
- that you warrant that all information provided by you to Leakd in the setup of the Account is true and correct in every detail; and
- that you will only use the Account for the purposes of using the Services and/or purchasing Products, and for no other purpose.
- Leakd has different subscription types (Subscriptions). Subscriptions maybe free or require the payment of a Fee.
FEES AND CHARGES AND PAYMENT
- The fees and charges which Leakd will charge you for accessing the Services and each Product (Leakd Fees) will be as specified on the Platform, on Leakd’s website or otherwise as published by Leakd from time to time.
- Any Leakd Fees will be charged prior to accessing the Service being requested or prior to acquiring a Product. Leakd Fees must be paid using the method of payment specified by Leakd, which may, without limitation include credit card, PayPal, or via third party payment processors such as Stripe.
ACCESS TO SERVICES
- Leakd may change, suspend or discontinue part or all of the Services at any time in its sole discretion without any liability to Users.
- A User’s access to the Platform and the User’s rights granted under these Terms of Service may be deactivated or suspended at any time by Leakd immediately on the provision of written notice to the User if the User is in breach of these Terms of Service.
- Suspension of the User’s Account may result in either Leakd completely disabling the User’s Account and/or disabling certain functionality.
If a User’s Account is suspended in whole or in part under clause 1, Leakd may, at its sole election:
- end that suspension if and when the relevant breach is cured; or
- provide notice of deactivation of the User’s Account at any time if the breach has not been remedied, or alternatively disable access to the Platform, and the User agrees that Leakd will not incur any liability in respect of the failure to supply access to the Platform (or allow the User to exercise any other rights in respect of the Platform) during any period in which the User’s Account is suspended.
Where a User’s Account has been permanently deactivated:
- any licence keys, passwords, or access rights to the Platform provided to the User will be immediately deactivated and destroyed by Leakd; and
- nothing in these Terms of Service shall be construed to release either party from any obligation that arose prior to the effective date of such deactivation.
- If the User’s Account is deactivated, the User may not use the Platform, or any Services provided by Leakd, without creating a new Leakd may in its sole discretion refuse to create a new Account for the User.
- Clauses 8, 10 and 13 of these Terms of Service will continue to apply to the User notwithstanding the User’s Account has been deactivated.
- Unless otherwise agreed in writing with a User, by submitting, posting or displaying User Content on or through the Platform, you grant Leakd a non-exclusive, royalty free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display all User Content and your Personal Information, username or likeness provided in connection with your User Content in all media formats and distribution methods now known or later developed on the Services.
You must not add any User Content to the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that is unsolicited, undisclosed or unauthorized advertising;
- that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- that would bring us, or the Site, into disrepute; or
- that infringes the Intellectual Property or other rights of any person.
- You agree to keep all records necessary to establish that your User Content does not violate any of the requirements under clause 7.2(a) and make such records available upon our reasonable request.
- You retain ownership of your Intellectual Property and proprietary rights in any User Content. These Terms do not prevent you front granting non-exclusive rights to use your User Content to others.
- We are under no obligation to regularly monitor the accuracy or reliability of User Content appearing on the Site. We reserve the right to modify or remove any User Content at any time.
- You hereby grant Leakd a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Content worldwide or to incorporate User Content in other works in any media now known or later developed for the full term of rights that may exist in User Content.
- Any opinions, advice, statements, services, offers, or other information or User Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Leakd.
APPROPRIATE USAGE AND RESPONSIBILITIES
- All Users’ are responsible for supplying us with accurate User Content at all times and modifying any User Content immediately when changes occur, the quality of data entered by the User, and validity of data entered by the User, including the source of the User Content.
- No User shall use the Site for any fraudulent or inappropriate purposes and agree not to promote the unauthorized use of a third party or to encourage the unauthorized use of a third party to use any portion of the Services to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus containing, or is otherwise distasteful as reasonably determined by us.
- Users’ agree not to resell, reproduce or take advantage of any part of our Services, other User Content by robot, spider, other automated device, or manually to monitor or duplicate any content without our expressed written permission. We reserve the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary, appropriate, and lawful; including, but not limited to information relating to e-mail addresses, usage history, posted materials, IP addresses and traffic information.
All Users’ agree not to engage in the following:
- sell, resell, rent or lease any other User Content, marks, Services or other content;
- store, transmit infringing, libellous, unlawful, indirect material, or in violation of third-party privacy rights data;
- store or transmit malicious codes;
- interfere with the performance of the Site, Services or any third-party data; or
- try to gain unauthorized access to the Services, User accounts unauthorized to access, services or any related systems.
- No harassment, discrimination, or abuse is tolerated within the Site or the Platform.
Users agree not to do the following, but are not limited to only these conditions:
- Engage in any type of activity that negatively affects the purpose or intention of the Services, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or in part, by, among other methods mentioned or not mentioned, these activities include:
- Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts.
- Upload, post, publish, comment, e-mail, reproduce, distribute or otherwise transmit any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
- Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships. This includes any inside information or proprietary or confidential information.
- Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; nor any unauthorized advertising or promotional materials. This includes junk mail, spam, chain letters or any other form of solicitation.
- Upload, post, publish, comment, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Impersonate any person or entity, falsely state or otherwise misrepresent User affiliation with a person or entity.
- Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this Site.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
The User acknowledges and agrees that in using the Platform:
- User Content will be transmitted over the internet any other network used by the Platform, which may include transmission to servers located in other states or countries;
- while Leakd will take all reasonable security precautions, the transmission, upload, download, or storage of User Content via the Platform is not guaranteed to be, and may not be, secure;
- transmitting, uploading, or downloading User Content via the Platform may render the User’s systems vulnerable to viruses, malware, or other forms of attack that are beyond the reasonable control of Leakd; and
- the User is at all times responsible for the security of its own systems.
- Leakd will comply with any laws requiring Leakd to notify the User or any other person regarding any notifiable data breach. Otherwise, to the maximum extent permitted by law, Leakd will not be liable or responsible for protecting the security of User Content transmitted, uploaded, downloaded or stored via the Platform, or for any loss, cost, expense or damage suffered by the User as a result of any unauthorised access or use of the User Content or Leakd’s systems.
THIRD PARTY WEBSITES
- The Site or other Users may link to other websites, services or resources on the Internet. These websites are not under our control and are not maintained by Leakd. We are not responsible for the content provided on such websites. Links to external websites are only provided by Leakd as convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
- We make no representation about any other website you access through our Site. Please understand that other websites are independent from our Site so we do not accept responsibility for such websites.
LIABILITY AND DISCLAIMER
- The User must not use the Platform in any way that might defame, offend, insult, embarrass, injure, damage, or otherwise breach the rights of any person or contravene any applicable laws (including, without limitation, any laws in relation to child pornography or child abuse material).
The User acknowledges that:
- Leakd makes no warranties that the Services or Products will be error free, that the Platform will be accessible on the User’s systems, or that the User’s access to the Platform will be uninterrupted; and
- Leakd has not made and will not make any other express or implied warranties in relation to the Platform, the Services or any other goods or services provided by Leakd or any third party in connection with the Platform or Services, other than those warranties expressly contained in these Terms of Service. Any term that would be implied into these Terms of Service, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.
The User acknowledges and agrees that:
- Leakd’s sole role in relation to a User is to provide the User with the Services only; and
- Leakd has no liability or responsibility for any act, omission or negligence of a User,.
You agree that Leakd will not be liable or responsible for any failure in, or delay to, the provision of the Services or Products or in Leakd complying with its obligations under these Terms of Service where such failure or delay has arisen as a direct or indirect result of:
- epidemic, pandemic, fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- a significant demand being placed on telecommunications infrastructure, or on Leakd’s services, which is above the usual level of demand and which results in a failure of Leakd’s software and hardware to function correctly or in a timely manner;
- the failure of any third party to fulfil any obligations to Leakd; or
- any other circumstances or event similar to the above which is beyond the reasonable control of
- Leakd provides the Platform “as is” and, to the maximum extent permitted by law, Leakd will not be liable in respect of any loss, damage, expense, cost or claim by or against the User (whether contractual, tortious, statutory or otherwise) for any direct or indirect, special, incidental, or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Platform or Services or the provision of any other goods or services under these Terms of Service, and whether as a result of any negligence, breach or default, by Leakd.
If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to these Terms of Service and prohibits the exclusion of certain liability but permits the limitation of that liability, then that liability of Leakd is limited, at the option of Leakd, to:
in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
The maximum liability of Leakd under these Terms of Service for any matter which cannot otherwise be excluded as described in these Terms of Service, will be limited in aggregate (to the maximum extent permitted by law) to the lesser of:
- the total Leakd Fees you have paid for the Services or Products that are the subject of the relevant claim; or
- AUD $10.
The User indemnifies Leakd, its agents, officers and employees against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which is suffered or incurred by Leakd, its agents, officers or employees as a direct or indirect result of:
- any breach of these Terms of Service by the User; or
- any third-party action, claim, demand or proceedings instituted against Leakd as a result of the use of the Platform by the User.
- Any of the terms and conditions of these Terms of Service which limit or exclude any term, condition or warranty, express or implied, or the liability of Leakd will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting the User’s statutory rights or remedies arising by virtue of the breach of any implied term of these Terms of Service where such exclusion, qualification or limitation would be prohibited by legislation.
- You indemnify and keep indemnified, Leakd, its agents, employees and officers against all loss, cost, expense or damage which Leakd, its agents, employees or officers suffer or incur, as a direct or indirect result of:
- your breach of these Terms of Service or violation of any law or Intellectual Property Rights or other rights of a third party; or
- your use of or inability to use the Services.
You undertake and continuously warrant to Leakd that you will only supply Personal Information:
- in respect of yourself only; or
- in respect of a person under the age of 18 (Minor) – where you are a parent or legal guardian of that Minor.
Leakd reserves the right to revise and amend these Terms of Service in its discretion, as follows:
- if Leakd considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended Terms of Service (as applicable) on the Platform; and
- if Leakd considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Platform describing the change.
- Your continued use of the Platform after an amendment will mean that you agree to that amendment.
In the interpretation of these Terms of Service unless the context otherwise requires:
- headings and words in bold type are included for convenience only and do not affect interpretation;
- the words “includes” or “including” mean “includes without limitation” or “including without limitation”;
- a reference to a word includes the singular and the plural of the word and vice versa;
- a reference to a gender includes any gender;
- if a word or phrase is defined, then other parts of speech and grammatical forms of that word or phrase have a corresponding meaning;
- a term which refers to a person includes a person in any capacity, a body corporate, an unincorporated body (for example a society or association), a trust, a partnership, a sovereign state, a government or a government department or agency;
- a reference to a document includes a reference to that document as amended, novated, supplemented, varied or replaced;
- a reference to a recital, clause, paragraph, schedule, annexure or other part is a reference to an item of that type in these Terms of Service;
- a reference to a party is a reference to a party to these Terms of Service and includes a reference to that party’s successors, personal legal representatives and permitted assigns;
- a reference to a statute or regulation or a provision of a statute or regulation includes a reference to that statute, regulation or provision as amended or replaced, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws made or issued under that statute; and
- if an individual party to these Terms of Service consists of two or more persons, then those persons are bound both jointly and severally.
Any notice given under these Terms of Service must be in writing and must be signed by the party giving the notice, or alternatively must be given via functionality contained in the Platform. Unless a later time is specified in a notice, the notice takes effect from the time it is received. A notice is taken to be received:
- in the case of a notice delivered by hand, when so delivered;
- in the case of a notice sent by pre-paid express post, on the third clear Business Day after the date of posting;
- in the case of a notice sent by email, at the time that the email is sent, unless the sender receives a notification that the email was delayed or not received; or
- in the case of a notice sent via functionality contained in the Platform, at the time the notice was sent,
but if the effect of paragraphs (a) – (d) above is that a notice is taken to have been received before 9:00am or after 5:00pm on a day which is not a Saturday, Sunday or public holiday in Sydney, New South Wales, Australia (Business Day), or on a day which is not a Business Day, then the notice is taken to have been received at 9:00am of the next Business Day.
- If any provision of these Terms of Service is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of these Terms of Service to the extent that the invalid or unenforceable provision will be treated as severed from these Terms of Service.
- These Terms of Service will be construed in accordance with and will be governed by the laws in force in the State of New South Wales, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of New South Wales, Australia or the Commonwealth of Australia and any courts of appeal from these courts.