Please note that Lander was founded in 2014, and our TOS covers every product and service we have ever offered. Since we’ve been in business for nearly a decade, and DATA is just the founder Steve’s side project that has taken off unexpectedly, the TOS below reads as if DATA doesn’t exist, because it didn’t when this was written. Proper terms of service are being drafted as we speak and will be live on HeyDATA.org shortly.
Regarding DATA customers, the only information we get is your phone & email and your demo responses, which we store in our GDPR-compliant CRM, Ontraport.
ALL of your shortcuts-based DATA requests for the main DATA project are stored privately in text files encrypted by your Apple ID on your phone that we cannot access or see. Anything DATA ever sends or receives is stored in plain language text files on your phone anyone can read regardless of if they are a developer.
You can easily audit everything DATA ever sends or receives about you in the files app under iCloud Drive > Shortcuts > Prompts. If you apply for Zero Data Retention, OpenAI can’t see them either and DATA can be completely HIPAA compliant. The shortcuts are also easy to audit & edit, should you want to change how they work or evaluate if our claims are true, you do not even have to be a developer to see that they do not share your text-file-based memory information with our servers.
The web/text/email-only version of DATA, in contrast, is slightly less secure but doesn’t require an install and is much simpler to use. It can use your calendar & location if you give it access just like any other Gmail plugin, but you have to grant that access explicitly before we receive that information. We store and transmit all DATA requests in the same GDPR & CCPA compliant ways.
We clearly state below that we despise information brokers and we will never sell or share your personally identifiable information, and we protect it at all times with bank-level encryption. If our mission was to steal your info, we are doing a terrible job lol. We link the TOS so prominently so people can read the first few paragraphs below and feel like they have confidence we’re going to back up our claims.
— Steve Moraco, Sept 13th, 2023 at 5:02 PM MST from Colorado Springs, Colorado
And now, the bit you came here to read:
The Famous Rocket Man Mission Plan Guarantee
It’s funny, it rhymes, it has a funny space-themed name like all our products, and it’s the most important part of this terms page.
Have you read the book Rocket Men by Robert Kurson? It’s great. It talks about how in August 1968, NASA decided to accelerate their lunar orbit mission plans drastically based on new intelligence about Russian progress. A team of (on average) 28-year-olds pulled off Apollo 8—the first extra-orbital manned mission in history—just in time for Christmas.
It took them just 134 days from the day the decision was made to launch until they were fully in lunar orbit on a rocket that had never flown before, and this incredible progress enabled Apollo 11 to land on the moon shortly thereafter.
You won’t see many agencies say this, but if we can’t deliver your results faster than that, we don’t deserve your money. So every Lander product or service has a 134-day (yes, four and a half month) guarantee. We’ve been doing this since 2014 and we’re not about to stop. We believe in the results we provide that much. We’ve seen our work change lives & scale companies, and we don’t want you to have any reason not to dive in.
Terms of Service
The rest of this document was last updated in July 2023, and comes to you in 3 parts:
- Lander Academy Terms Of Service
(8k words, 40-minute read time, and the one people will actually probably read. Has a summary section and is fairly straight forward)
- The Lander Gallery Terms Of Service
(4k words, 20-minute read time, really just Colorado Springs city lawyers read this one…)
- The Extremely Thorough Lander Media General Terms Of Service For All Websites & All Related Assets
(Another 8k words, 40 minutes again. This one includes the Lander Foundation, All Our Products & Services, TEDxColoradoSprings.org, and more)
Read them at your leisure and make sure to set aside an afternoon and bring a cup of coffee.
Terms Of Service, Earnings Disclaimers, and Rocket Man Guarantee Policy
A One-Page Summary For Humans
We are a small company that provides courses that change people’s lives for the better. To continue to do our work to the best of our abilities, we need to make sure we don’t get tied up in lawsuits with people who want to blame us for things that are not our responsibility. As you can see if you have ever scrolled through Facebook, people often have unrealistic views of how the world works and who is at fault for what, and sometimes they like to take it out on other people, or on companies, or brands. These terms allow us to develop clarity about who is responsible for what in your experience with Lander products, and deliver the best possible course experience for our students.
These terms are extremely boring, but we have made an unusual effort to make them accessible because the online course space is full of disappointments and we want to make sure we are being clear and upfront with our customers. Building a business is a difficult emotional journey and many people reach a point where they want to blame other people for their failures. You will at various times in the near future be surprised, disappointed, taken aback, delighted, and curious about how you can ethically proceed, and you will learn many new things. We hope our course will answer many of your questions, but we will not be responsible for your outcomes, success, or failure.
So with that in view, despite their boring nature, please read the entire terms in full now, and as a bonus, if you read these as you should before checkout, you will probably know upfront before buying if you are a good fit for the course. If these terms don’t sound reasonable to you, don’t buy the course. Thank you.
The terms in the full agreement below take precedence over this summary section, but for the sake of your sanity, in short, the agreement below (concerning Lander Academy specifically, and the Landing Workshop our flagship course especially) says this:
1 – Refunds The refund policy (unless you bought the mini-workshop or purchased during a sale with special terms) requires that you actually watch the entire course and do the required course activities. In the case of the Landing Workshop specifically as an example, we require that you send 200 emails. This is simply because we only want to work with people who make moves rather than making excuses. Building a business isn’t easy, and the process won’t always be comfortable, nor will it meet your expectations. If you prefer making excuses or are otherwise uninterested in personal and professional growth, don’t buy the course. If you still don’t get the results you’d like after doing what is in the course, and it’s been less than 134 days, you may request a refund. If your refund is granted in full or in part, your payment plan will be canceled or discounted in full or in part as well. Refunds are most often granted in part, not in full. We are under no obligation at any time or for any reason to offer you a refund or cancel your payment plan, and if you are not comfortable with the decision being made at Lander’s sole discretion, do not buy the course or our services.
2 – Payment You are liable for the entire amount of your payment plan if you select one. If you are not comfortable with anything in these terms, do not purchase the course. Do not purchase a course you can’t afford. We are not in the business of issuing refunds on whims, and our course is not a place to park your money. You should not work with people you do not trust in the first place, and we doubt you will get much value from a course you don’t trust. If you aren’t willing to take responsibility for your own outcomes, don’t buy the course, it won’t work for you anyway. Our prices change, sometimes without notice, but once you’ve purchased a course obviously your price is locked in. If you don’t want to worry about monthly payments, take advantage of the discounted version of the course by buying it all at once.
Again for Absolutely Outrageous Levels Of Clarity: If your purchase decision relies on your understanding of something someone said to you at some time and you would not purchase these course after accessing only the terms as you have read and agreed to them here, do not purchase any of our products or services.
3 – Our Copyright, Your Release: We own all the content in the course, and it is copyrighted. You can’t copy, download, publish, or share it. Anything you post, share, or say to us on calls or in texts is ours to use for any commercial purposes, anywhere, forever.
4 – No Guarantees: None of our marketing or course content makes any guarantees, warrants, or promises of results. None of our case studies or testimonials are typical. Your results are your own responsibility, not ours. We are not liable for your results nor or we responsible for anything that occurs in your life before our after you have used this course. Our failure to uphold any part of this agreement or deliver on the course does not waive any part of the agreement below from being fully applicable and legally binding to you.
5 – Our Liability: We make no other guarantees, warrants, or claim of course accuracy, usefulness, availability, or uptime, nor do we take responsibility for the technical limitations of your devices. If you have any issue with the course, us, or your results, you are legally bound by using this website in the first place to try to settle the matter between us, and if we can’t do that, you are legally bound to arbitrate the matter before taking anything to court.
6 – Your Legally Binding Agreement To These Terms: By accessing any Lander courses, property, websites, or social media you agree that this agreement is the only legally binding agreement between us. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue the use of all Lander property & Social Media. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user of our courses, mailing list, etc. In the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.
We personally wish all terms of service were that up-front. We hope you enjoyed that summary. It is your responsibility to be familiar with the full terms below because you are legally bound by them, so make sure you have read them. Thank you!
The Fully Detailed Terms You Should Read From Time To Time
1. General Overview Terms & Your Responsibilities
This website is operated by Lander Photo, LLC doing business as Lander media (hereafter referred to: “Company,” “we,” “us,” or “our”), through our websites lander.media, lander.foundation learn.academy, lander.earth and lander.gallery and all subdomains and associated domains (hereafter “Website“), offers products and services like marketing, photography, the Landing Workshop, Lander Academy courses, Lander Gallery, TEDxCOS, etc.(collectively, “Products and Services”), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the ”Terms”), which may be updated by us from time to time.
By accessing our Website and/or using our Products and Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations, and rules.
If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.
You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.
If you do not agree to these terms, do not use this website or access any other Lander property, including our social media. By using the website and agreeing to these terms, you confirm that you are at least 18 years old and that you are legally competent to enter into a contract.
2. Refund Policy
The 134-Day “ROCKET MAN MISSION PLAN GUARANTEE” Refund Policy
We want to be crystal clear about the Lander Academy and all of its courses. None of what we offer is a get-rich-quick scheme. The Lander Academy is not a magic bullet.
You will have to work very hard to build a sustainable business for yourself or to learn anything we teach. Any quotes and results mentioned anywhere on our site or in our ads are not typical.
Do not infer that any examples are promises or guarantees of earnings or connections. We’re fully committed to helping you change your business and life, but we are not responsible for your outcomes.
Take action for 30 days, test-drive the program, and try everything – if you’re not totally happy at the end of 30 days you can request a full refund. Simple. We will happily refund your money. And you can STILL ask after 134 days too because we’re that cool.
Important, though: To be eligible for a refund, we require you to share your actions taken from all available modules, as detailed in the refund section below. Yes, this means you must actually work and take action.
Why? Because we have seen that if you take action and do the work, you’ll get results. Period. If you do the work and don’t get value, then we don’t deserve your money. If you can’t do sales because of some personal preference, you can hire someone else to do it for you. There is no reason you can’t get results.
We put a tremendous amount of time and energy into this program. You need to match that energy. Success in this program requires that you take consistent, focused action.
Any refund request must be submitted in writing to email@example.com within 134 days of purchase, and other terms apply as detailed below.
Detailed Cancellation and Refund Policy
All Lander Academy course sales made are subject to the following official Rocket Man Refund Policy
To Be Eligible For Consideration Of a Refund for the Landing Workshop, You Must First:
- Watch and complete all course content (Up to 15 hours of video & written content in our longest course)
- Be a member of the Lander Academy FB group & Course Community Page (if there is one) and contribute a comment, question, update, OR success story AT LEAST once a week.
- Show us evidence of at least 200 emails sent in the style we suggest over the course of less than 1 month
- Show us that you followed up within a week of sending at least half of the emails you sent.
- Show us your Smart Goal for the course and send a picture of where you posted it so that you can see it each day.
If all the criteria above have been met in an email sent to firstname.lastname@example.org within 134 days of purchase, you may request a refund. Most often, we will issue a partial refund instead of a complete refund.
For all other Landing Academy courses (unless otherwise stated at checkout that there is no refund):
You have 30 days after the date of purchase to request that we fulfill the Rocket Man 100% money-back guarantee, provide the evidence of work completed necessary if that course requires it, and cancel your payment plan if applicable. After 30 days, your request for a refund is no longer valid. If you do not qualify for a refund, do not cancel your payment plan.
If payment for a course is declined or canceled, our system may automatically (or we may manually) disable access to our materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access. If you select a payment plan, you are obligated to pay all of the payments on time and in full otherwise, access to the account may be immediately suspended and we reserve the right to legal recourse to recover the remainder of the cost of the course you purchased as indicated on your receipt.
To request a refund, contact Customer Service via email@example.com during regular business hours. Customers ineligible for a refund may still be granted a partial refund at our sole discretion. We are not liable for any refund amount due to technical problems on your computer or other devices, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.
Refunds may not be issued in full, but instead may be issued as discounts or adjustments to existing payment plans, again, at Lander’s sole discretion.
3. General Provisions About Our Content
Any advice or information on this website is general advice only – It does not take into account your personal circumstances.
Do not rely on this information for your financial well-being or for anything else. By viewing any material or using the information within this site you agree that this is general education material and you will not hold any person or entity responsible for loss or damages resulting from the content or general advice provided here by Lander Media, its employees, directors, contractors, assigns, or fellow students, members, or other stakeholders. Running your own business is an exciting opportunity but is also potentially a large financial & time management risk. You must be aware of the risks and be willing to accept them in order to build your own business. Don’t buy any of the products or services we offer with money you can’t afford to lose. This website is neither a solicitation nor an offer to buy or sell financial products. No representation is being made that any student will or is likely to achieve profits or losses similar to those discussed in any material on this website. The past performance of any of our students or instructors is not necessarily indicative of future results for ourselves or our students.
General Earnings & Performance Disclaimer
Nothing in any of our advertising or website content should be taken as a guarantee or promise that you can achieve the same results in the future. The verbal, written, or audio-visual evidence of prior or future earnings or performance is not a guarantee or promise that any person or entity will achieve the same results or performance in their own lives.
Lander Media reasonably believes in good faith that the strategies can be used to build a successful business, but those decisions are your own responsibility and we are in no way liable for losses or damages arising from your personal decisions or actions. At no point has any guarantee or promise been made that profits or earnings will arise by following or implementing the course content or the concepts taught therein. No guarantee is made by the Authors that similar results will occur. Interpretation plays a role in all learning, so what you believe is an opportunity may be different from another person’s view. Lander Media will not accept blame for loss or damages arising from any misunderstandings, problems, losses, or gains resulting from any misinterpretation of our instruction.
General Limitations of Liability and Damages
You agree that the company’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees, or agents, for any claim made by you arising out of your use of the website or purchase of products or services offered thereon shall be limited $0, except as provided in the arbitration section of this agreement. Under no circumstances will special, incidental, consequential, or punitive damages be awarded, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you.
More details on our Indemnity are later in this document.
4. Your Behavior
Your License To The Site
Access to the Website and Restrictions on Your Use
Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of the Company’s copyright, trademark, and/or other rights.
You agree not to access or try to access any computer system of the Company, its programs, or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of the Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes, and other graphical elements) are protected by copyright, trade dress, and other state and federal laws and may not be copied or imitated, in whole or in part.
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not upload, post, email, transmit or otherwise make available any content that:
- Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity) or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not stalk, threaten, or otherwise harass another person
- You will not spam or use the Websites to engage in any commercial activities
- If you post any content, you will stay on topic
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on our Websites
- You will let us know about any inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know.
- We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
You also agree that you will not do any of the following:
a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
b. Circumvent, disable, or interfere with the security of the Website or features that prevent, limit, or restrict the use or copying of the Website or any Materials.
c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
d. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs, or other destructive or harmful items.
e. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
f. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure.
g. “Frame” or “mirror” the Website or any part.
h. Use the Website or any Materials for any unlawful purpose.
i. Spam or flood.
j. Resell or make commercial use of the Website or Materials, or (b) make any derivative use of the Website or Materials.
Our License To Content You Share With Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to the Company from their creation. Thus, the Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which is a reproduction of prior works by you shall be co-owned by us.
You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Purchasing Products or Services Featured on our Website
The company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at firstname.lastname@example.org
Compliance With Laws
You agree to comply with all applicable federal, state, and local laws, regulations, rules, and ordinances regarding your use of the Website, including, without limitation, laws regarding the import/export of technical data by virtue of your online transmission.
Your Warranties & Representations
You warrant, represent, and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, the Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
This Website may provide links or references to non-Company Websites and resources. The company makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Company Websites or third-party resources that may be referenced, accessible from, or linked to any Company site. In addition, the Company is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Company site. When you access a non-Company Website, even one that may contain the Company-logo, please understand that it is independent of Company and that Company does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
Linking to this site
Company consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Company; (c) imply that Company approves or endorses you, your Website, or your service or product offerings; and (d) present false or misleading impressions about Company, the Company solution or otherwise damage the goodwill associated with the Company name or trademarks. As a further condition to being permitted to link to this site, you agree that Company may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Company trademarks.
The company does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to the Company will be deemed NOT to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to the Company for the purpose of receiving products or services will be handled in accordance with our Privacy Terms.
5. Our Site Practices
Disclaimer of warranty
Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. The company collaboration expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Company collaboration makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
Additional Disclaimers of Warranties & Guarantees With Respect to Use of Website and Products and Services
The website and all products and services featured on it are provided on an “As is” and “As available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
While the company uses reasonable efforts to include accurate and up-to-date information on the website, the company does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the website or the products and services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from the company or through the website shall create any warranty not expressly made herein.
Content Accuracy Disclaimer
From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.
Content Effectiveness Disclaimer
The company and its owners, principals, representatives, and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While the company strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website.
Your use of the website is subject to any additional disclaimers and caveats that may appear throughout the website and with products and services featured by us.
Our Content may contain references or links to materials from third parties. Reference to any products, services, processes, or other information, trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or imply any affiliation with, nor relationship to the company.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Content Availability Disclaimer
Information Company publishes on the Internet may contain references or cross-references to Company solution products, programs, and services that are not announced or available in your country. Such references do not imply that Company intends to announce or make available such products, programs, or services in your country.
You agree to defend, indemnify, and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgments, agreements, representations, warranties, and obligations herein.
You acknowledge that the company has set its prices and has provided access to the website in reliance on these limitations of liability and damages and the indemnity in these terms and that those limitations are an essential basis upon which the company provides its website and offers its products and services. You agree that the limitations of liability and damages and the indemnity in these terms survive and apply even if found to have failed of their essential purpose.
Neither the Company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The company does not warrant or make any representations regarding the use of the materials on the site, the results of the use of such materials, the suitability of such materials for any user’s needs, or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, and techniques; your execution of your business plan; the time you devote to the program, ideas, and techniques offered and utilized; as well as your finances, your knowledge, and your skill. Since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level. The company does not warrant that the use of the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses, or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider. Any such problem shall be governed solely by the agreement between you and that provider.
Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
You agree to indemnify and hold Lander Media, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, made by any third party due to or arising out of or in connection with any user content or content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of these Terms or of any law or the rights of any third party.
Lander Media does not warrant the accuracy, completeness, or timeliness of any of the material on this site, and the material should be confirmed from other sources. Any projections are estimates only and may not be realized.
The material on this site does not constitute either an offer or invitation from Lander Media or a securities recommendation by Lander Media to buy or sell securities or any other financial products.
Nothing on this site constitutes personal financial advice. The material on this site does not take into account the personal circumstances and needs of any particular person. Before making any investment decisions, you should consider your own personal circumstances.
Except for liability that cannot legally be excluded, Lander Media excludes all liability (including liability for negligence) arising from the use of any material on this site.
Liability that cannot legally be excluded is limited to the maximum extent possible. This site should not be used as a substitute for professional advice.
Pricing Errors and Omissions
Please be aware that prices, availability, and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted after it has been confirmed, or after your credit card has been charged.
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.
Links to Third-Party Sites
The Website may link to other websites that are independent of the Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third-party website(s).
Ownership of Content & Applicable Copyright Law
The content of this site is Copyright © Lander Media. All original works and materials created by Lander Media are copyrighted and are not permitted to be copied or circulated without the author’s/owner’s permission. The copyright extends to any materials, articles, videos, courses, forum posts, images, documents, emails, or comments which fall under the same law of Copyright and original works. If you are in breach of these terms you are guilty of breaching copyright and will be legally liable in a court of law. Do not copy, distribute, edit, alter, steal, or sell the copyrighted original works. Content on our various platforms, educational courses, pdf documents, videos, articles, forum posts, excel spreadsheets, blog posts, and blog comments are all original works and remain the property of Lander Media
The company owns and operates this Website. Company or third parties own all rights, title, and interest in and to the materials provided on this Website, including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes, and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of the Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof are owned by Company. Copyright © 2020 Lander Media
Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive notifications of claimed infringement is Lander Media 31 N Tejon St. Colorado Springs, CO 80904, Attn: DMCA Notice. Only DMCA notices should go to the agent; any other communications should be directed to our customer service department via our email@example.com email. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify you by the method of contact you used to file your notice with us.
In order to contact Company regarding a complaint about the Website or Materials, please Contact Us.
7. Binding Arbitration Agreement
Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Most of your concerns can be resolved quickly to your satisfaction by contacting firstname.lastname@example.org.
In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court.
Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. An arbitration provider of the Company’s choice will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective, or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, the Company may pay you more than the amount of the arbitrator’s award and will pay your actual, reasonable attorney’s fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
Arbitration Agreement Details
a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
1). claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
2). claims that arose before these or any prior Terms became effective;
3). claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
4). claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Company,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE, OR CLASS ACTION OR ARBITRATION.
You acknowledge that the use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
b. A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the “Notice Address”). The company may send a written Notice to the electronic mail address that you provided when you created an account if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.
c. Unless the Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
d. If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 (“the Alternative Payment), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the ”Attorney’s Payment”). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
e. The right to attorney’s fees and expenses discussed in paragraph (f) supplements any right to attorney’s fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Company may have a right to an award of attorney’s fees and expenses from you if it prevails in an arbitration, we will not seek such an award.
f. The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Company agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported representative, group or class action or arbitration, or in the capacity of a private attorney general. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this arbitration agreement.
h. If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by the Arbitrator by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to Arbitrator rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists.
i. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
8. General Agreement Notes
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third-party advertisers on the Website.
The Terms and the relationship between you and Company shall be governed by the laws of the State of Colorado.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Term Of Agreement
Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legal binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including without limitation the United States Electronic Signatures in Global and National
If you encounter a technical problem printing or accessing your completed application or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, there is no right or authority for any Dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures, and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity through arbitration and not as a plaintiff or class member in any purported class or representative proceeding.
You acknowledge and agree that in the event of a breach or threatened violation of this agreement, our intellectual property rights, and confidential and proprietary information by you, Company will suffer irreparable harm and will, therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Colorado for purposes of any such action by us.
Terms Of Service & License Agreement
Dear LANDER Customer:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you”. “your” or “Customer”) and LANDER Photo, LLC (“LANDER”), a Colorado company with its office at 31 N. Tejon St., Colorado Springs, CO 80904, United States.
The following Terms of Service (“TOS”) constitute an agreement between Customer and LANDER setting forth the rights and obligations with respect to your use of the Service and any Visual Content licensed by you. By filling out the form online which grants access to the Service, you acknowledge that you have read, understood and agree to abide by these terms. By agreeing to the TOS, you agree that these terms control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you have purchased. LANDER may update these TOS at any time by posting updated TOS on the LANDER website and any updated TOS will be binding upon you as if originally incorporated herein. Please revisit these TOS when you purchase any Visual Content.
If your subscription includes photo shoots, LANDER will provide the specified number of photo shoots per month for events and locations in the greater Colorado Springs region (“Photo Shoot(s)”), subject to scheduling such Photo Shoots with LANDER. You will provide all details reasonably requested by LANDER regarding each Photo Shoot such as, by way of example only, time, location, and subject matter. Subject to the terms of this Agreement, at least five Images resulting from each Photo Shoot will be made available to you via the Service within 30 days following the respective Photo Shoot.
The following defined terms will have the following meanings:
“Image(s)” means photographs, vectors, drawings and other materials available for license from the LANDER website.
“Footage” means any moving images, animations, films, videos or other audio/visual representations, excluding still images, recorded in any format that are available for license from the LANDER website.
“Visual Content” shall refer collectively to Images and Footage.
“Service” refers to the stock photo subscription provided by LANDER through https://Lander.Gallery, which grants access to all available Visual Content.
“Effective Date” refers to the date and time at LANDER’s location when the secure checkout form is submitted and payment clears, which can be verified by an email receipt and email confirmation notice which are immediately sent to both LANDER and the Customer.
THIS IS A SINGLE SEAT LICENSE AUTHORIZING A SINGLE OPERATING BUSINESS THE RIGHT TO LICENSE, DOWNLOAD AND USE VISUAL CONTENT, LIMITED TO THE SINGLE BUSINESS PERMITTED BY THE SUBSCRIPTION.
Part I Visual Content Licenses
- Image Licenses
- Footage Licenses
- Restrictions on Use of Visual Content
Part II Warranties and Representations
Part III Indemnification and Liability
Part IV Partnership Terms
Part V Additional Terms
PART I: VISUAL CONTENT LICENSES
LANDER hereby grants you a limited, non-exclusive, non-transferable license to use, modify and reproduce Visual Content worldwide, as long as you are in compliance with these TOS, and subject to the limitations set forth herein.
- IMAGE LICENSE
This “Lander Image License” grants you the right to use any Images:
- As a digital reproduction, including on websites, in online advertising, social media, mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Instagram, Twitter, Vimeo, etc., subject to the budget limitations set forth in Paragraph I.1.D. below);
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, and in the advertising and copy of tangible media, including magazines, newspapers, and books, provided no Image is reproduced more than 500,000 times in the aggregate;
- As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
- Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size, provided the budget for any such Production does not exceed USD $10,000.
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
- Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
- In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you.
If the Lander Image License does not grant the rights you require please email Steve@Lander.Media (note: just “.media”, no “.com”)
- FOOTAGE LICENSES
- This “Lander Footage License” grants you the right to use Footage:
- in Productions (i.e., a film, video, television series, advertisement, or other multimedia production) displayed or distributed to the public by any means now known or hereafter devised;
- in connection with a live performance; and
- on websites.
- This “Lander Footage Comp License” grants you the right to use watermarked, low resolution Footage as a comp (the “Comp Footage”) solely in test, sample, comp, or rough cut evaluation materials. The Lander Footage Comp License does not permit you to display or distribute to the public or incorporate into any final materials any such Footage. Comp Footage can be edited, but you may not remove or alter the LANDER watermark. Comp Footage is available to license under the Footage Use License at the time it is downloaded as Comp Footage, but LANDER makes no guarantees and shall have no obligation to ensure that Comp Footage will be available for license at any time thereafter.
- RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
- Use Visual Content other than as expressly provided by the license you purchased hereunder with respect to such Visual Content.
- Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (1) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (ii) in connection with the advertisement or promotion of tobacco products; (iii) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; (iv) as suffering from, or medicating for, a physical or mental ailment; or (v) engaging in immoral or criminal activities.
- Use any Visual Content in a pornographic, defamatory or deceptive context, or in a manner that could be considered defamatory, deceptive, obscene, or illegal.
- Use Visual Content designated “Editorial Use Only” for commercial purposes.
- Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Visual Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
- Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition.
- Use any Visual Content (in whole or in part) as a trademark, service mark, logo or other indication of origin, or as a part thereof.
- Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion and advertising of your derivative works incorporating Footage.
- Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
- CREDIT AND COPYRIGHT NOTICES
- The use of Visual Content in an “editorial” context, shall be accompanied by an adjacent credit to LANDER in substantially the following form:
“Courtesy of Lander Media / @LanderMedia”
- If and where commercially reasonable, the use of Visual Content in Merchandise or a Production shall be accompanied by a credit to LANDER in substantially the following form:
“Image(s) or Footage (as applicable), used under license from Lander.Media”
- Credit attributions are not required in connection with any other use of Images unless other stock content provided is afforded credit in connection with the same or similar use.
- In all cases, the credit and attribution shall be of the same size, color and prominence of credit and attribution for other, similar content and at all times clearly and easily readable by the unaided eye.
PART II: WARRANTIES AND REPRESENTATIONS
- While LANDER makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated “Editorial Use Only”, LANDER MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: (A) KEYWORD, TITLES OR DESCRIPTIONS; (B) AUDIO IN FOOTAGE; OR (C) VISUAL CONTENT DESIGNATED “EDITORIAL USE ONLY”. LANDER will not indemnify or have any liability in respect of any claims arising from inaccurate keywords, titles or descriptions, any audio in Footage, or the use of Visual Content designated Editorial Use Only.
- LANDER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.
PART III: INDEMNIFICATION AND LIABILITY
- Subject to the terms hereof, and provided that you have not breached these terms or any other agreement with LANDER, LANDER will defend, indemnify, and hold you harmless up to the applicable “Limit of Liability” set forth below for your direct damages arising from a third-party claim directly attributable to LANDER’s breach of the express warranties and representations made in Part II hereof, together with associated expenses (including reasonable attorneys’ fees). The foregoing indemnification is conditioned upon you notifying LANDER, in writing, of any such claim or threatened claim, no later than five business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Visual Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to LANDER at Steve@Lander.Media, with a hard copy to LANDER, 31 N. Tejon St., Colorado Springs, CO 80904, Attention: General Counsel, via (A) certified mail, return receipt requested; or (B) overnight courier, recipient’s signature required. LANDER shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with LANDER in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that LANDER is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to LANDER having a reasonable opportunity to analyze such claim’s validity.
- LANDER shall not be liable for any damages, costs or losses arising as a result of modifications made to the Visual Content or due to the context in which the Visual Content is used by you.
- LANDER, along with its affiliates, assigns, officers, agents, contractors, employees, shareholders, directors, managers, members, licensors and suppliers, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages arising out of or related to the use or inability to use the Services and Visual Content, unauthorized or accidental access to or alteration of data, statements or conduct of any third party, or any matter relating to the use of the Services or Visual Content even if LANDER has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
- You will indemnify and hold LANDER, its officers, employees, shareholders, directors, managers, members, licensors and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by these TOS. You further agree to indemnify LANDER for all costs and expenses that LANDER incurs in the event that you breach any of the terms of these TOS or any other agreement with LANDER.
PART IV TERM, RENEWAL AND TERMINATION
- Standard Subscription
The term of standard subscriptions will begin on the Effective Date and continue for three years. The standard subscription may be billed annually or monthly. If billed annually, the standard subscription will automatically renew for successive one-year periods unless Customer notifies LANDER to the contrary at least 30 days prior to the expiration of the then-effective subscription term. If billed monthly, the standard subscription will automatically renew for successive one-month periods unless Customer notifies LANDER to the contrary at least 30 days prior to the expiration of the then-effective subscription term. Notice of termination may be sent by email to Steve@Lander.Media. If you terminate at any time before the date that is three years following the Effective Date, you will pay LANDER the lesser of (A) the total amount due for the remainder of the subscription term or (B) the amount due for one year of the subscription term.
- Month-to-month Subscription
The Term of month-to-month subscriptions will begin on the Effective Date and continue on a month-to-month basis and may be terminated at any time upon 30 days notice by email sent to Steve@Lander.Media.
PART V: ADDITIONAL TERMS
- Except when required by law, LANDER shall be under no obligation to issue refunds under any circumstances. In the event that LANDER determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. To cancel your account, notice may be sent by email to Steve@Lander.Media.
- “Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone, Visual Content or the right to use Visual Content. You may, however, allow others to use Visual Content solely for your business purposes and for such purposes for which Visual Content was licensed. If you become aware of any third party uses any Visual Content in violation of these TOS, you agree to remove all Visual Content from such third-party use and to promptly notify LANDER of each such use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Visual Content LANDER provides to you hereunder.
- If you use any Visual Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to LANDER, upon LANDER’s reasonable request.
- If any controversy or claim arises out of or relating to this Agreement, or the breach thereof, the parties shall negotiate in good faith for at least two weeks, If, after two weeks, the parties do not resolve the dispute, such dispute shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the State of Colorado. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. LANDER shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of LANDER, such action is necessary or desirable. Any resulting decision may include the award of monies including, but not limited to, attorney’s fees.
- These TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. These TOS are governed by and shall be construed in accordance with the laws of the State of Colorado, without respect to its conflict of laws principles. By agreeing to these TOS, you confirm that you have had the time and opportunity to consult counsel of your choice regarding these TOS and obtain advice as deemed necessary or desirable.
- If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so and to bind such entity to these TOS. In the event that you do not have such authority, you agree that you will be personally liable to LANDER for any breaches of these TOS.
- You hereby grant LANDER a worldwide, non-exclusive, limited license to use your trademarks in LANDER’s promotional materials, including a public customer list. LANDER’s use of your trademarks shall at all times conform to your then-current trademark use policies as provided to LANDER. LANDER further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than 30 days from the date of receipt by LANDER of your email request to steve@ lander.media.
- The number of Visual Content downloads available to you is determined by the product you purchase. For the purposes of these TOS, a day is defined as the 24-hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (1) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your Subscription will renew on September 30.
- Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase of any automatically renewing, installment payment or recurring subscription product shall apply only to the first installment thereof.
- If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that these TOS shall otherwise remain in full force and effect.
- It is expressly understood and agreed that these TOS are entered into solely for the mutual benefit of the parties hereto and that no third-party benefits, rights, duties, or obligations are intended by these TOS.
- In the event that you breach any of these TOS or any other agreement with LANDER, LANDER shall have the right to terminate your account without further notice, in addition to LANDER’s other rights at law and/or equity. LANDER shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
- Except as expressly set forth herein, LANDER grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. LANDER only has model or property releases where expressly indicated on the LANDER website.
- LANDER’s liability under any individual license purchased hereunder shall not exceed the “Limit of Liability” applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Visual Content is licensed or used by you.
- Neither LANDER nor any of its officers, employees, managers, members, shareholders, directors, licensors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Visual Content, LANDER’s breach of this agreement, or otherwise, unless expressly provided for herein, even if LANDER has been advised of the possibility of such damages, costs or losses.
- Except as expressly set forth in Part II, all Visual Content is provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Visual Content may contain elements that require additional clearance if the Visual Content is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
- LANDER does not warrant that the Visual Content, LANDER websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is solely with you.
- In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting LANDER, LANDER will promptly file a complaint with ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI)and the National White Collar Crime Center.
- These TOS constitute the entire agreement between Customer and LANDER relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. LANDER is at all times an independent contractor hereunder. You may not assign any portion of these TOS without LANDER’s written permission. LANDER may assign all or any portion of these TOS in LANDER’s sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these TOS shall be binding unless executed and confirmed in writing by LANDER.
Updated February 28, 2019