Terms of Use

Terms of Use

TERMS OF USE

www.thelandondemand.com (the “Site”) is owned and operated by Good Karma Brands, LLC (“Good Karma”) for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of use and service and all applicable laws (the “Terms of Use”). By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use.

CHANGES

We may occasionally change these Terms of Use, so we encourage you to review the Terms of Use periodically. The most current version of the Terms of Use (along with its effective date) will be linked from the Site. If you continue to use our services after we change the Terms of Use, you accept all changes.

PRIVACY POLICY; ADDITIONAL TERMS

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Site, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of the Site. We will provide these terms to you or post them on the services to which they apply, and they are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms that apply to a particular portion of the Site, the additional terms will control.

REGISTRATION AND ACCESS CONTROLS

You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted portions of the Site unless you are above the required age.

ACCEPTABLE USE

Subject to your strict compliance with these Terms of Use at all times during your use of the Site, Good Karma grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Site in order to view content posted on the Site, to listen to audio content streamed from the Site. The Site has been designed to present content in a unique format and appearance. Unless we give you permission, you agree not to access the Site using any interface other than ours. We may deny permission to link to the Site for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in these Terms of Use, you may not use the Site to do the following or assist others to do the following: 1) Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities; 2) Link to the Site from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable; 3) Frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Good Karma and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities); 4) Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices; 5) Transmit files that contain viruses, spyware, adware, or other harmful code; 6) Advertise or promote goods or services without our permission (including, without limitation, by sending spam); 7) Interfere with others using the Site or otherwise disrupt the Site; 8) Transmit, collect, or access personally identifiable information about other users without the consent of those users and Good Karma; 9) Engage in unauthorized spidering, “scraping,” or harvesting content, contact or other personal information, or use any other unauthorized automated means to compile information; 10) Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or 11) Defeat any access controls, access any portion of the Site that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.

COPYRIGHT INFORMATION; RESTRICTIONS ON USE OF MATERIALS

The Site contains material which is derived in whole or in part from material supplied by Good Karma and other sources, and is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Good Karma’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without Good Karma’s express written consent.

SUBMISSIONS/COMMUNICATIONS

Good Karma has a long-standing company policy that does not allow Good Karma to accept or consider creative ideas, suggestions or materials other than those Good Karma has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Good Karma might seem to others to be similar to their own creative ideas, suggestions or materials.

If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Good Karma. None of the Information shall be subject to any obligation of confidence on the part of Good Karma and Good Karma shall not be liable for any use or disclosure of any Information. Good Karma shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

COMMENT AND BULLETIN BOARDS

The site may include comment areas and/or bulletin boards which allow feedback to Good Karma. Good Karma does not control the messages, information or files delivered to the comment areas and/or bulletin boards, unless otherwise noted therein, and Good Karma has no obligation to monitor such comment areas and/or bulletin boards. However, Good Karma reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Good Karma sole discretion are objectionable or in violation of these Terms of Use.

SUBSCRIPTION SERVICES

If you purchase a subscription service, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges.

We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges.

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.

MOBILE SERVICES

In addition to the general terms applicable to the Services, the following terms apply to Services designed for wireless devices (“Mobile Services”), which we offer only to users who are 18 years of age or older and located in the fifty U.S. states or the District of Columbia unless otherwise noted:

Your wireless provider may charge for use of Mobile Services, including fees for data transmission. In order to receive Mobile Services, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Services to determine what fees, if any, will be charged. In addition, you agree that we may arrange for Mobile Services billing through your wireless provider and that your wireless provider may invoice you for the applicable fees or deduct them from your pre-paid balance.

You may not transfer or copy any of the Site’s content without permission from the wireless device on which you originally received content to any other device, including, without limitation, any computer or another wireless device.

To cancel a Mobile Feature that involves a subscription fee, you must follow the instructions included in the terms and conditions applicable to that Mobile Feature; otherwise, you will continue to incur subscription charges. If you stop a subscription-based Mobile Feature in the middle of a billing cycle, you will not receive a refund for that billing cycle.

SITE ACCESS; ACCOUNT DELETION; BLOCKING AND REMOVAL OF CONTENT

We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice: 1) Restrict or terminate your access to the Site; 2) Change or discontinue the Site; 3) Deactivate your accounts and delete all related information and files in your accounts; or 4) Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Site, or as otherwise described in the Privacy Policy.

Good Karma will not be liable to you or any third party for taking any of these actions and will not be limited to the remedies above if you violate these Terms of Use. If you do not agree to these Terms of Use, you should immediately stop using the Site. If you want to delete your account on the Site, please use contact instructions posted on the Site at which you obtained the account. These Terms of Use will survive any termination of your access to the Site, whether we terminate your access or you voluntarily discontinue your use.

Notwithstanding the fact that Good Karma has no legal obligation to monitor the content on the Site, Good Karma reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, applicable law, or is otherwise unacceptable to Good Karma.

LIMITATION OF LIABILITY/DISCLAIMER

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER GOOD KARMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You specifically acknowledge and agree that Good Karma is not liable for any defamatory, offensive or illegal conduct of any user.

Good Karma also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any comment area or bulletin board) or your downloading of any Materials from the Site.

Good Karma does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

THIRD PARTY SITES

Good Karma may provide links and pointers to internet sites maintained by others. Good Karma has not reviewed all of the third party sites linked to the site and is not responsible for the contents of or any products or services offered in such third-party sites.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

This Agreement will terminate immediately without notice from Good Karma in Good Karma’s sole discretion for any reason whatsoever. Good Karma reserves the right to modify or discontinue this Site, or any portion thereof (including any comment area or bulletin boards) without notice to you or any third party.

Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under these Terms of Use or otherwise.

In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to Materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this Agreement shall survive.

OTHER

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Site is controlled and operated by Good Karma from its offices within the State of Ohio, United States of America.

Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or re-exported into any country to which the U.S. has embargoed goods.

Good Karma may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

As between you and Good Karma, Good Karma exclusively owns all rights, titles and interests in and to any of the Materials (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair Good Karma’s rights, titles or interests in and to such Materials (and any and all elements thereof nor will you assert any right, title or interest in or to such Materials (including any copy or element thereof).