updated: 2015, december 22
please read these terms and conditions (“terms”, “terms and conditions”) carefully before using the (the “Site”) operated by Stranded on Land, LLC. (“us”, “we”, or “our”).
your access to and use of the Site is conditioned upon your acceptance of and compliance with these terms. these terms apply to all visitors, users and others who wish to access or use the site.
By accessing or using the site, you agree to be bound by these terms. If you disagree with any part of the terms then you do not have permission to access the site.
the site and its original content, features and functionality are and will remain the exclusive property of Stranded on Land, LLC. and its licensors. the site is protected by copyright, trademark, and other laws of both the United States and foreign countries. our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Stranded on Land, LLC.
links to other websites
our site may contain links to third party web sites or services that are not owned or controlled by Stranded on Land, LLC.
Stranded on Land, LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. we do not warrant the offerings of any of these entities/individuals or their websites.
you acknowledge and agree that Stranded on Land, LLC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
we strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
we may terminate or suspend your access to the site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms.
all provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
you agree to defend, indemnify and hold harmless Stranded on Land, LLC. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the site, or b) a breach of these terms.
limitation Of liability
in no event shall Stranded on Land, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the site; (ii) any conduct or content of any third party on the site; (iii) any content obtained from the site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
your use of the site is at your sole risk. the site is provided on an “AS IS” and “AS AVAILABLE” basis. the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Stranded on Land, LLC. its subsidiaries, affiliates, and its licensors do not warrant that a) the site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the site is free of viruses or other harmful components; or d) the results of using the site will meet your requirements.
some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
these terms shall be governed and construed in accordance with the laws of Florida and Califonia, United States, without regard to its conflict of law provisions.
our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. if any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. these terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have had between us regarding the service.
by providing Stranded on Land, LLC. your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. we may also use your email address to send you other messages, such as changes to features of the site and special offers.
you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the site in a manner that sends more request messages to the Stranded on Land, LLC. servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the site; (vii) collecting or harvesting any personally identifiable information, including account names, from the site; (viii) using the site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the site; (xi) accessing any content on the site through any technology or means other than those provided or authorized by the site; or (xii) bypassing the measures we may use to prevent or restrict access to the site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
accessing the audiovisual content available on the site for any purpose or in any manner other than streaming (as defined below) is expressly prohibited. “streaming” means a contemporaneous digital transmission of an audiovisual work via the internet from the Stranded on Land, LLC. site to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
we may, without prior notice, change the site; stop providing the service or features of the site, to you or to users generally; or create usage limits for the site. We may permanently or temporarily terminate or suspend your access to the site without notice and liability for any reason, including if in our sole determination you violate any provision of this agreement, or for no reason. upon termination for any reason or no reason, you continue to be bound by this agreement. what constitutes a material change will be determined at our sole discretion.
You are solely responsible for your interactions with other Stranded on Land, LLC. users. we reserve the right, but have no obligation, to monitor disputes between you and other users. Stranded on Land, LLC. shall have no liability for your interactions with other users, or for any user’s action or inaction.
by continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. if you do not agree to the new terms, you are no longer authorized to use the site.
by submitting to Stranded on Land, you accept our terms (see above) and any editing to your submission administered by the Stranded on Land team. submissions will be reviewed regularly and we will contact you to let you know if your story has been accepted and with further details. please allow up to two weeks to hear back from us. if you have not heard back by this time, please follow up at firstname.lastname@example.org with your original submission to ensure we received. if for some reason we don’t feel this story is the right fit for the site at the time, don’t worry, you can always take a look over the site to get a better feel for our community voice and submit a new story that you think is a better fit.
some areas of the site allow users to post content such as profile information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the service “user content”). we claim no ownership rights over user content created by you. the user content you create remains yours; however, by sharing user content through the site, you agree to allow others to view, edit, and/or share your user content in accordance with your settings and this agreement. Stranded on Land, LLC. has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the site.
you agree not to post user content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. you agree that any user content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (as defined below) or rights of privacy. To the extent that your user content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such user content and have the power to grant the license granted below. Stranded on Land, LLC. reserves the right, but is not obligated, to reject and/or remove any user content that Stranded on Land, LLC. believes, in its sole discretion, violates these provisions.
you understand that publishing your user content on the site not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
for the purposes of this agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
in connection with your user content, you affirm, represent and warrant the following:
a. you have the written consent of each and every identifiable natural person in the user content to use such person’s name or likeness in the manner contemplated by the site and this agreement, and each such person has released you from any liability that may arise in relation to such use.
b. your user content and Stranded on Land, LLC. use thereof as contemplated by this agreement and the site will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
c. Stranded on Land, LLC. may exercise the rights to your user content granted under this agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
d. To the best of your knowledge, all your user content and other information that you provide to us is truthful and accurate.
Stranded on Land, LLC. takes no responsibility and assumes no liability for any user content that you or any other user or third party posts or sends over the site. you shall be solely responsible for your user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your user content. you understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Stranded on Land, LLC. shall not be liable for any damages you allege to incur as a result of user content.
user content license grant
by posting any user content on the site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Stranded on Land, LLC. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the site and Stranded on Land, LLC.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. you also hereby grant each user of the site a non-exclusive license to access your user content through the site, and to use, reproduce, distribute, display and perform such user content as permitted through the functionality of the site and under this agreement.
If you have any questions about these Terms, please contact us.