PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING
TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY
MANNER.
Terms of Use
Welcome to
Landing International, Inc. Please read on to learn the rules and restrictions that govern your use
of our website(s), products, services and applications (the “Services”). If you have any questions,
comments, or concerns regarding these terms or
the Services, please contact us at terms@landingintl.com.
These Terms of Use (the
“Terms”) are a binding contract between you and Landing International, Inc. (“Landing”, “we” and
“us”). You must agree to and accept all of the Terms,
or you don’t have the right to use the Services. Your using the Services in any way means that you
agree to all of these Terms, and these Terms will remain in effect while you use the Services. These
Terms include the provisions in this document,
as well as those in the Privacy Policy, and, with respect to any purchase you make using the
Services, the Purchase Order Terms and Conditions.
Updates to Terms &
Conditions
We are constantly trying to improve our Services,
so these Terms may need to change along with the Services. We reserve the right to change the Terms
at any time, but if we do, we will bring it to your attention by placing a notice on the
www.landinginternational.com website, by sending you an email,
and/or by some other means.
If you don’t agree with the new Terms, you are free to reject
them; unfortunately, that means you will no longer be able to use the Services. If you use the
Services in any way after a change to the Terms
is effective, that means you agree to all of the changes.
Except for changes by us as
described here, no other amendment or modification of these Terms will be effective unless in
writing and signed by both you and us.
Privacy
Landing takes the privacy of
its users very seriously. Please review Landing’s current Privacy Policy to learn
more.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service
providers obtain
parental consent before they knowingly collect personally identifiable information online from
children who are under 13. We do not knowingly collect or solicit personally identifiable
information from children under 13; if you are a child under 13,
please do not attempt to register for the Services or send any personal information about yourself
to us. If we learn we have collected personal information from a child under 13, we will delete that
information as quickly as possible. If you believe
that a child under 13 may have provided us personal information, please contact us at
privacy@landingintl.com.
Our Services
You may be required to sign up for an account,
and select a password and username (“Landing User ID”).
You promise to provide us with accurate, complete, and updated registration information about
yourself. You may not select as your Landing User ID a name that you don’t have the right to use, or
another person’s name with the intent to impersonate
that person. You may not transfer your account to anyone else without our prior written
permission.
You represent and warrant that you are of legal age to form a binding
contract (or if not, you’ve received your parent’s or guardian’s
permission to use the Services and gotten your parent or guardian to agree to these Terms on your
behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and
warrant that you are authorized to agree to these
Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the
references to “you” and “your” in these Terms, except for in this sentence, refer to that
organization or entity).
You will only use the
Services for your own internal, personal use, and not on behalf of or for the benefit of any third
party, and only in a manner that complies with all laws that apply to you. If your use of the
Services is prohibited by applicable laws, then you aren’t
authorized to use the Services. We can’t and won’t be responsible for your using the Services in a
way that breaks the law.
You will not share your account or password with anyone, and you
must protect the security of your account
and your password. You’re responsible for any activity associated with your account.
Your
use of the Services is subject to the following additional restrictions:
You represent,
warrant, and agree that you will not contribute
any Content or User Submission (each of those terms is defined below) or otherwise use the Services
or interact with the Services in a manner that:
Infringes or violates the intellectual
property rights or any other rights of anyone else
(including Landing);
Violates any law or regulation, including any applicable export control
laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or
otherwise objectionable;
Jeopardizes the security
of your Landing account or anyone else’s (such as allowing someone else to log in to the Services as
you);
Attempts, in any manner, to obtain the password, account, or other security information
from any other user;
Violates the security
of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist,
Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are
activated while you are not logged into the Services,
or that otherwise interfere with the proper working of the Services (including by placing an
unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page,
data, or portion of or relating to the Services or Content
(through use of manual or automated means);
Copies or stores any significant portion of the
Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or
underlying ideas or information of or relating to the
Services.
Confidentiality: In addition, you understand that Landing has disclosed or may
disclose information relating to Landing’s technology or business (including pricing accessible only
to authorized users) (hereinafter referred to as “Proprietary
Information”). You agree: (i) not to divulge to any third person any such Proprietary Information,
(i) to give access to such Proprietary information solely to those employees with a need to have
access thereto for purposes of these Terms, and (iii)
to take the same security precautions to protect against disclosure or unauthorized use of such
Proprietary Information that you take with your own proprietary information, but in no event less
than reasonable precautions to protect such Proprietary
Information. The foregoing will not apply with respect to any information that you can document (a)
is or becomes generally available to the public other than through your own wrongful act, or (b) was
in your possession or known by you prior to receipt
from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was
independently developed without use of any Proprietary Information. Nothing in this Agreement will
prevent you from disclosing the Proprietary Information
pursuant to any judicial or governmental order, provided that you give us reasonable prior notice of
such disclosure to contest such order. A violation of any of the foregoing is grounds for
termination of your right to use or access the Services.
Your Rights
The
materials displayed or performed or available on or through the Services, including, but not limited
to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth
(all of the foregoing,
the “Content”) are protected by copyright and/or other intellectual property laws. You promise to
abide by all copyright notices, trademark rules, information, and restrictions contained in any
Content you access through the Services, and you won’t
use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload,
display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i)
without the prior consent of the owner of that Content
or (ii) in a way that violates someone else’s (including Landing’s) rights.
You
understand that Landing owns the Services. You won’t modify, publish, transmit, participate in the
transfer or sale of, reproduce (except as expressly
provided in this Section), create derivative works based on, or otherwise exploit any of the
Services.
The Services may allow you to copy or download certain Content; please remember
that just because this functionality exists, doesn’t
mean that all the restrictions above don’t apply – they do!
License Grants
Anything
you post, upload, share, store, or otherwise provide through the Services is your “User Submission.”
Some User Submissions may be viewable by
other users. In order to display your User Submissions on the Services, and to allow other users to
enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note
that all of the following licenses are subject to
our Privacy Policy to the extent they relate to User Submissions that are also your
personally-identifiable information.
For all User Submissions, you hereby grant Landing a
license to translate, modify (for technical purposes, for
example making sure your content is viewable on a mobile phone as well as a computer) and reproduce
and otherwise act with respect to such User Submissions, in each case to enable us to operate the
Services, as described in more detail below. This
is a license only – your ownership in User Submissions is not affected.
If you store a
User Submission in your own personal Landing account or input a temporary User Submission, in each
case in a manner that is not viewable by any
other user except you (a “Personal User Submission”), you grant Landing the license above, as well
as a license to display, perform, and distribute your Personal User Submission for the sole purpose
of making that Personal User Submission accessible
to you and providing the Services necessary to do so.
If you share a User Submission only
in a manner that only certain specified users can view (for example, a private message to one or
more other users) (a “Limited Audience User
Submission”), then you grant Landing the licenses above, as well as a license to display, perform,
and distribute your Limited Audience User Submission for the sole purpose of making that Limited
Audience User Submission accessible to such other specified
users, and providing the Services necessary to do so. Also, you grant such other specified users a
license to access that Limited Audience User Submission, and to use and exercise all rights in it,
as permitted by the functionality of the Services.
If you share a User Submission
publicly on the Services and/or in a manner that more than just you or certain specified users can
view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions,
improvements,
enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public
User Submission”), then you grant Landing the licenses above, as well as a license to display,
perform, and distribute your Public User Submission for
the purpose of making that Public User Submission accessible to all Landing users and providing the
Services necessary to do so, as well as all other rights necessary to use and exercise all rights in
that Public User Submission in connection with
the Services and/or otherwise in connection with Landing’s business for any purpose. Also, you grant
all other users of the Services a license to access that Public User Submission, and to use and
exercise all rights in it, as permitted by the functionality
of the Services.
You agree that the licenses you grant are royalty-free, perpetual,
sublicensable, irrevocable, and worldwide, provided that when you delete your Landing account, we
will stop displaying your User Submissions (other
than Public User Submissions, which may remain fully available) to other users (if applicable), but
you understand and agree that it may not be possible to completely delete that content from
Landing’s records, and that your User Submissions may remain
viewable elsewhere to the extent that they were copied or stored by other users.
Finally,
you understand and agree that Landing, in performing the required technical steps to provide the
Services to our users (including you), may
need to make changes to your User Submissions to conform and adapt those User Submissions to the
technical requirements of connection networks, devices, services, or media, and the foregoing
licenses include the rights to do so.
Copyright
Infringement
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it
relates to online service providers, like Landing, being asked to remove material that allegedly
violates someone’s copyright. We respect others’ intellectual
property rights, and we reserve the right to delete or disable Content alleged to be infringing, and
to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute
Policy and learn how to report potentially infringing
content, click here. To learn more about the DMCA, click here.
Use of Services
Any
information or content publicly posted or privately transmitted through the Services is the sole
responsibility of the person from whom such content
originated, and you access all such information and content at your own risk, and we aren’t liable
for any errors or omissions in that information or content or for any damages or loss you might
suffer in connection with it. We cannot control and
have no duty to take any action regarding how you may interpret and use the Content or what actions
you may take as a result of having been exposed to the Content, and you hereby release us from all
liability for you having acquired or not acquired
Content through the Services. We can’t guarantee the identity of any users with whom you interact in
using the Services and are not responsible for which users gain access to the
Services.
You are responsible for all Content you contribute,
in any manner, to the Services, and you represent and warrant you have all rights necessary to do
so, in the manner in which you contribute it. You will keep all your registration information
accurate and current. You are responsible for all your
activity in connection with the Services.
The Services may contain links or connections
to third party websites or services that are not owned or controlled by Landing. When you access
third party websites or use third party services,
you accept that there are risks in doing so, and that Landing is not responsible for such risks. We
encourage you to be aware when you leave the Services and to read the terms and conditions and
privacy policy of each third party website or service
that you visit or utilize.
Landing has no control over, and assumes no responsibility
for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third
party websites or by any third party that you interact
with through the Services. In addition, Landing will not and cannot monitor, verify, censor or edit
the content of any third party Marketplace or service. By using the Services, you release and hold
us harmless from any and all liability arising from
your use of any third party website or service.
Your interactions with organizations
and/or individuals found on or through the Services, including payment and delivery of goods and any
other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations and/or individuals. You
should make whatever investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third
parties. You agree that Landing shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings.
If there is a dispute between
participants on this Marketplace, or between users and
any third party, you agree that Landing is under no obligation to become involved. In the event that
you have a dispute with one or more other users, you release Landing, its officers, employees,
agents, and successors from claims, demands, and damages
of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of or in any way related to such disputes and/or our Services. If you are a California
resident, you shall and hereby do waive California Civil
Code Section 1542, which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of executing the release, which,
if known by him or her must have materially affected
his or her settlement with the debtor."
Changes to Services
We’re always trying
to improve the Services, so they may change over time. We may suspend or discontinue any part of the
Services, or we may introduce new features
or impose limits on certain features or restrict access to parts or all of the Services. We’ll try
to give you notice when we make a material change to the Services that would adversely affect you,
but this isn’t always practical. Similarly, we reserve
the right to remove any Content from the Services at any time, for any reason (including, but not
limited to, if someone alleges you contributed that Content in violation of these Terms), in our
sole discretion, and without notice.
Pricing Terms
We reserve the right to
charge for certain or all Services. We will notify you before any Services you are using begin
carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees
for such
Services.
With respect to any purchase you make using the Services, the Purchase Order
Terms and Conditions apply.
Where applicable, you shall pay all fees described by the
Services in connection with such for-fee
products/services purchased by you in the manner specified on or selected through the Services (or
as otherwise agreed upon in writing by you and us). Unless otherwise specified, the following terms
apply to all purchases.
We may use a
third-party payment processor (the “Payment Processor”) to bill you through a payment account, such
as your bank account or debit or credit card, linked to your account on the Services (your “Billing
Account”). The processing of payments will be subject
to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms.
We are not responsible for error by the Payment Processor. By choosing to use for-fee Services or
purchase products, you agree to pay us, through the
Payment Processor, all charges at the prices then in effect for any use of such Services or purchase
of such products in accordance with the applicable payment terms and you authorize us, through the
Payment Processor, to charge your chosen payment
provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We
reserve the right to correct any errors or mistakes that it makes even if it has already requested
or received payment.
Payment Method. The terms
of your payment will be based on your Payment Method and may be determined by agreements between you
and the financial institution, credit card issuer or other provider of your chosen Payment Method.
If we, through the Payment Processor, do not receive
payment from you, you agree to pay all amounts due upon demand.
Recurring Billing. Some of the
for-fee Services and product purchases may consist of an initial period, for which there is a
one-time charge, followed by recurring period charges
as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have
an initial and recurring payment feature and you accept responsibility for all recurring charges
prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES
(E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF
WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT
METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO
ACCOUNT PAGE.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY
UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE
IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY
NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT
METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF
SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH
INFORMATION CAN BE MADE AT ACCOUNT PAGE. IF YOU FAIL TO
PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF
FOR-FEE SERVICES OR PURCHASES OF PRODUCTS UNDER YOUR ACCOUNT.
Change in Amount Authorized. If
the amount to be charged to your Billing Account
varies from the amount you preauthorized (other than due to the imposition or change in the amount
of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to
be charged and the date of the charge before the
scheduled date of the transaction. Any agreement you have with your payment provider will govern
your use of your Payment Method. You agree that we may accumulate charges incurred and submit them
as one or more aggregate charges during or at the end
of each billing cycle.
Reaffirmation of Authorization. Your non-termination or continued use of
a for-fee service reaffirms that we are authorized to charge your Payment Method for that service.
We may submit those charges for payment and you
will be responsible for such charges. This does not waive our right to seek payment directly from
you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when
you initially selected to use the for-fee service.
Termination
You’re free to
terminate the Services at any time, by contacting us at support@landingintl.com; please refer to our
Privacy Policy, as well as the licenses above, to understand how we treat information you provide to
us after
you have stopped using our Services.
Landing is also free to terminate (or suspend access
to) your use of the Services or your account, for any reason in our discretion, including your
breach of these Terms. Landing has the sole right
to decide whether you are in violation of any of the restrictions set forth in
these
Account termination may result in destruction of any Content associated with your
account, so keep that in mind before you decide to terminate your
account.
Provisions that, by their nature, should survive termination of these Terms
shall survive termination. By way of example, all of the following will survive termination: any
obligation you have to pay us or indemnify us, any
limitations on our liability, any terms regarding ownership or intellectual property rights, and
terms regarding disputes between us.
Miscellaneous
Warranty Disclaimer. Neither
Landing nor its licensors or suppliers makes any
representations or warranties concerning any content contained in or accessed through the Services,
and we will not be responsible or liable for the accuracy, copyright compliance, legality, or
decency of material contained in or accessed through
the Services. We (and our licensors and suppliers) make no representations or warranties regarding
suggestions or recommendations of services or products offered or purchased through the Services.
Products and services purchased or offered (whether
or not following such recommendations and suggestions) through the Services are provided “AS IS” and
without any warranty of any kind from Landing or others (unless provided expressly and unambiguously
in writing for a specific product). THE SERVICES
AND CONTENT ARE PROVIDED BY LANDING (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LANDING (OR
ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE
AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LANDING IN
CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR
(III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS
MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you
agree to indemnify and hold Landing, its affiliates,
officers, agents, employees, and partners harmless from and against any and all claims, liabilities,
damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or
in any way related to any third party claims relating
to (a) your use of the Services (including any actions taken by a third party using your account),
and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we
will attempt to provide notice of the Claim to the
contact information we have for your account (provided that failure to deliver such notice shall not
eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not
assign, delegate or transfer these Terms
or your rights or obligations hereunder, or your Services account, in any way (by operation of law
or otherwise) without Landing’s prior written consent. We may transfer, assign, or delegate these
Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the State of California, without
regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the
subject
matter of these Terms shall be finally settled in Los Angeles County, California, in English, in
accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and
Mediation Services, Inc. (“JAMS”) then in effect, by one
commercial arbitrator with substantial experience in resolving intellectual property and commercial
contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance
with such Rules. Judgment upon the award rendered
by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the
foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or
other equitable relief at any time, from any court of
competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive
jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles,
California, or the Southern District of California.
Miscellaneous. You will be
responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental
assessments associated with your activity in connection with the Services, provided that Landing
may, in its sole discretion,
do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us
to exercise, in any way, any right herein shall not be deemed a waiver of any further rights
hereunder. If any provision of these Terms is found to
be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent
necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You
and Landing agree that these Terms are the complete
and exclusive statement of the mutual understanding between you and Landing, and that it supersedes
and cancels all previous written and oral agreements, communications and other understandings
relating to the subject matter of these Terms. You hereby
acknowledge and agree that you are not an employee, agent, partner, or joint venture of Landing, and
you do not have any authority of any kind to bind Landing in any respect whatsoever. Except as
expressly set forth in the section above regarding
the Apple Application, you and Landing agree there are no third party beneficiaries intended under
these Terms.