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.
Last updated: October 13, 2022
The App is offered and available to users who are 18 years of age or older. By using the App, you represent to us that you are of legal age to form a binding contract with Landing and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER FOR U.S. USERS
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND LANDING AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Updates to Terms & Conditions
We are constantly trying to improve the App, so these Terms may need to change along with the App. 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 App. If you use the App 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.
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 firstname.lastname@example.org.
When you download the App from the Apple App Store or the Android Play Store, 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 may not share your account information, including your log-in and password, with anyone else without our prior written permission.
If your use of the App is prohibited by applicable laws, then you aren’t authorized to use the App. We can’t and won’t be responsible for your using the App in a way that breaks the law.
You may 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 App 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 App or interact with the App in a manner that:
To use the App via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Google and Apple App marketplaces.
The materials displayed or performed or available on or through the App, 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 trademark, 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 App, 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 App. 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 App.
The App 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!
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 App, 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 Appnecessary 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 App.
If you share a User Submission publicly on the App 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 App (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 AppServices 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 Appand/or otherwise in connection with Landing’s business for any purpose. Also, you grant all other users of the Appa license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the App.
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 App 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.
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 the copyrights of another, and to terminate the accounts of repeat alleged infringers; to report potentially infringing content, email@example.com. To learn more about the DMCA, click here.
Designated Copyright Agent. You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent, c/o Landing International, 1330 W 12th St Suite A, Los Angeles, CA 90015.
We also respect others’ intellectual property rights when it comes to trademark rights. We therefore reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To report suspected trademark infringement, please email email@example.com.
Use of Services
Any information or content publicly posted or privately transmitted through the App is the sole responsibility of the person who posted that content, and you access all such information and content at your own risk. Landing is not 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 App. 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 App.
You are responsible for all Content you contribute, in any manner, to the App, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that the Content that you contribute is accurate, true, and correct. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the App.
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 App. In addition, Landing will not and cannot monitor, verify, censor or edit the content of any third party marketplace or service. By using the App, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
You understand that no agency, joint venture, or employment relationship is created with Landing as a result of using the App or its services. When you download the App, you download it for your individual use only. The App may be used in connection with your employment, but the App is not employer-sponsored in any way. Landing has no control over and assumes no responsibility for when you access the App and how you use the App in the course of your employment, should you choose to do so. In the event that you have any dispute with respect to your employment, you shall not hold Landing, its officers, employees, agents, and successors liable for any causes of action, claims, demands, and damages arising out of or in any way related to your use of or access to our App in the course of your employment.
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 App. 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."
Landing is also free to terminate (or suspend access to) your use of the App or your account, for any reason in our absolute 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.
Warranty Disclaimer. Neither Landing nor its licensors or suppliers makes any representations or warranties concerning any information, including Content, contained in or accessed through the App, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material, including Content, contained in or accessed through the App. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the App, nor of any Content provided by users. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the App 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 APP 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 APP 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 APP IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM. 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 App (including any actions taken by a third party using your account), (b) any Content you provide, and (c) 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 App 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 Central District of California. Except where not permitted by law, you and Landing waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Landing elect to have claims and disputes resolved by arbitration, as described above. In any litigation between you and Landing over whether to vacate or enforce an arbitration award, you and Landing waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND LANDING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Landing are entitled to arbitration; instead all claims and disputes will be resolved in a court in the Los Angeles, California, or the Central District of California, as described above.
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 App, 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. You and Landing agree there are no third party beneficiaries intended under these Terms.