- May 28, 2015: Section 8, "Licenses, Copyright and Ownership" (typo corrected from "specifically authorized therein..." to "specifically authorized herein...")
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Pursuant to the following Terms, Landers Brannon, LLC offers our visitors, members and customers a variety of online products and services, including content, communication tools and forums, and online and downloadable applications, software, services, websites or any of their licensees’ services or software (collectively, the “Services”). By using, accessing, or attempting to interact with the Services in any way, you are agreeing to comply with and be bound and abide by these Terms, which we may change at any time in our sole discretion without notice, with the revised Terms taking effect for all users as of the date stated on such posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, you should consult the Terms regularly. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using the Services, including, without limitation, this Site, in any way. You must be at least 18 years old and competent to enter into a contract to use the Services.
1. User Sites
Through SnapSites, users are enabled to create and publish web sites that are hosted by Landers Brannon (“User Sites”). Landers Brannon does not approve or control such User Sites and has no duty to routinely review or monitor such User Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT LANDERS BRANNON IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by Landers Brannon or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with Landers Brannon. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of Landers Brannon or SnapSites to imply any sponsorship, affiliation or relationship between you and Landers Brannon other than that Landers Brannon is hosting your User Site.
Landers Brannon DOES NOT ALLOW any of the following content, or LINKS TO SUCH CONTENT, to be published on or through the Services or the Site:
- Pornographic, sexually explicit, or violent content.
- Illegal content (including stolen copyrighted material).
- Content related to illegal activities or businesses.
- Pirated software sites, including cracking programs or cracking program archives.
- Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above or any otherwise objectionable content on their sites, as determined in Landers Brannon’s sole discretion, will be notified and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Landers Brannon will suspend the services of the member account until a resolution is met between Landers Brannon and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
In addition, Landers Brannon does not allow any of the following:
- Users may not use the Services as a remote storage server only. Users deemed to be using the SnapSites Framework solely as a remote storage server will have their account immediately terminated without notice and will have all files associated with their account permanently removed.
- Users may not access the Services through automated methods. Use of robots or other computer code which calls the Services, except where explicitly allowed, is absolutely forbidden.
- Users must exercise caution when hosting large downloads (>10MB). Landers Brannon reserves the right to refuse to host any large downloadable files.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published using the Services.
- Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Landers Brannon’s servers.
THE FINAL CHOICE OF WHETHER AN ACCOUNT IS IN VIOLATION OF ANY OF THESE POLICIES IS AT THE SOLE DISCRETION OF LANDERS BRANNON. VIOLATION OF ANY OF THESE POLICIES MAY RESULT IN TRACKING INFORMATION BEING STORED TO IDENTIFY THE OFFENDING USER, AND PERMANENT RESTRICTION FROM HOLDING AN ACCOUNT.
2. Information Provided by Users
Landers Brannon does not prescreen nor endorse any Content made available through the Services. The Content provided by users on or through the Services may contain inaccurate, inappropriate, incomplete, untruthful or offensive material and/or products or services for which Landers Brannon assumes no responsibility or liability. You acknowledge and bear all risk associated with the use of any Content made accessible through the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
3. Third Party Sales
Landers Brannon is not in partnership, in any joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through SnapSites and/or the Services, and we do not endorse nor are we able to control or enforce any Content such Merchant may display or otherwise make available via the Services. Further, we will not get involved with any dispute arising between users of the Services, including visitors to the Merchant's SnapSites Website and the Merchants.
The ability to include links is provided only as a convenience, and the inclusion of any link by any SnapSites user does not imply any affiliation, endorsement, or adoption by Landers Brannon of the linked site or any of the information contained at the site.
5. Limited License to Content Posted by Our Members
Landers Brannon claims no ownership interest in any of the Content (including, without limitation, master recordings, artwork and photographs) posted by our members, and the copyright to all such Content shall remain with its original owner. By posting Content via SnapSites, our members warrant and represent that they own the Content posted by them or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party.
6. Submissions to Landers Brannon
We are always improving SnapSites and developing new features. Any information you send to us, including but not limited to ideas, remarks, suggestions, or prototypes ("Information"), shall immediately become the exclusive property of Landers Brannon, and we are entitled to to use the Information without restriction or compensation to the person or party who sent us the Information. Under no circumstances shall any disclosure of Information to Landers Brannon be subject to any obligation of confidentiality or expectation of compensation. By sending us Information, you are are waiving any and all rights that you may have in the Information and you are representing and warranting to Landers Brannon that the Information is wholly original with you, that no one else has any rights to the Information and that Landers Brannon is free to implement the Information and to use any related materials if and as it so desires, without obtaining any permission or license from any third party.
7. Intellectual Property of Landers Brannon and Others.
Except as expressly provided, nothing within any of the Services shall be construed as conferring any license under any of Landers Brannon's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate SnapSites and the Services is protected by copyright, trademark, patent, or other proprietary rights of Landers Brannon and its affiliates, licensors (including, without limitation, Artists), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Landers Brannon in connection with the Services.
8. Licenses, Copyright and Ownership
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
This license is subject to these Terms and does not include: (a) any resale or distribution of the Site, the Services or the SnapSites Framework; (b) modifying or otherwise making any derivative uses of the Site, the Services and the SnapSites Framework, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site, the Services or the SnapSites Framework except as expressly permitted on the Site; or (e) any use of the Site, the Services or the SnapSites Framework other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Landers Brannon, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Landers Brannon reserves the right to modify, suspend or discontinue our Members' Sites or the SnapSites Framework with or without notice at any time. Landers Brannon reserves the right to refuse service to anyone at any time with or without notice for any reason.
9. Intellectual Property Infringement Claims
It is our policy to respond expeditiously to claims of intellectual property infringement. Landers Brannon will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with federal copyright, trademark and/or patent law, Landers Brannon will promptly remove or disable access to the material, link and/or activity claimed to be infringing and/or suspend or terminate the alleged infringer. Landers Brannon will terminate access for users who are repeat infringers. Notices of claimed infringement should be directed to: