Terms of service
We (Landscaperoo) make our website platform available at landscaperoo.com (the “Website”) so that our members can build effective band websites (collectively the “Services”).
These Terms of Service (“Terms”) constitute a legal agreement between you and Landscaperoo and governs your use of the Services. By using the services in any way, you agree to comply with these terms.
In order to use Landscaperoo, you must be a registered user. We include one free trial of Landscaperoo for a limited period of time, after which you need to purchase a paid subscription to maintain access to the service. After the trial period ends, we delete all content created.
In using the Landscaperoo service, you agree to all of the following:
- You are at least 18 years of age.
- You will keep a valid email address associated with your account at all times.
- You will use a secure, unique password for your account, and will not share access or take any steps that may threaten the security of your account.
- You will not upload, post, email, transmit or otherwise make available (for example through links to external websites) any material that:
- Is unlawful, abusive, obscene, pornographic, libelous, invasive of another's privacy, hateful, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
- Interferes with or disrupts the Landscaperoo service or probes, scans, or tests the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Accesses, tampers with, or uses non-public areas of the service, shared areas of the service you have not been invited to, our (or our service providers’) computer systems.
- You are granted a limited, non-exclusive, revocable license to use the Service, including any software, images, documentation, designs, fonts, trademarks, and themes that are its component parts (the "service components").
- Service components are owned by Landscaperoo, and are protected by copyright, trade secret, and other intellectual property laws.
- You agree not to store, copy, republish, sell, assign, sub-licence, translate, scrape, reverse engineer, or create derivative works based on any of the service components.
- Any use of the service components, outside of the terms of this agreement, without written approval of Landscaperoo is prohibited.
- You may not use Landscaperoo to send unsolicited emails. We reserve the right to disable outgoing emails from your account if emails sent from it are marked as spam by recipients.
- You will not use the Landscaperoo service in a manner that uses resources more heavily than would be the case for a standard user of the Website. This includes, but is not limited to email volume, data storage, bandwidth usage, and server CPU load.
Landscaperoo reserves the right to determine, in its sole discretion, if there has been a breach of any of these rules and may disable or delete member accounts without warning or compensation. If a breach of these terms results in damages or costs to Landscaperoo, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.)
The Service is billed in advance, and is non-refundable. Monthly plans rebill every 30 days.
Upgrades/downgrades can be done anytime. We will credit you the pro-rated amount of days of the new plan. We cannot provide refunds or cash credits for downgrades.
To cancel your account, you must click the "Cancel" link in the "Account" section of your control panel. Cancellation requests by email or live chat will not be accepted. Cancellation must be submitted 2 business days prior to the rebilling date. Websites will be permanently deleted after cancellation.
Credit card or PayPal chargebacks will incur a fee of $100 to reinstate accounts. Users accounts that incur chargebacks will be permanently deleted, and domain ownership transferred to Landscaperoo.
Domain registration and setup fees are non refundable.
From time to time we may offer promo codes or promotional offers that apply a discount to service plans. Only one promotional offer or promo code may be used per website at a time; they may not be combined or stacked.
Landscaperoo may provide one (1) free domain name with the new purchase of a paid plan. The free domain name applies only to the following TLD's: .com, .net, .org, .biz.
The domain name is yours to keep. We register the domain in Landscaperoo's name, but will unlock and transfer it to your name upon cancellation of an active paid account, or upon request anytime during the term of your active paid account membership. You may not transfer a domain away within 90 days of its registration.
The free domain will be renewed for the lifetime of your Landscaperoo paid account.
Upon cancellation, domains are instantly unlocked and a transfer code is sent by email the address associated to the account. It is the responsibility of the user to transfer the domain to a new registrar. We will not renew domains after cancellation, so when cancelling it is important to transfer the domain away with sufficient time to set it up at a new registrar.
You may purchase additional domains, for $14.95 per year. Additional domains are not renewed automatically.
If your account is inactive for any reason (including but not limited to non-payment or violation of our terms of service), any domain name in your account will transfer to Landscaperoo. In this case, Landscaperoo has the right to register the domain for its own purposes, sell or transfer the domain to a third party, or delete the domain and allow any new registrant to register it.
If Landscaperoo is made party to a legal challenge relating to one of your domain names, you agree to be held responsible for all of Landscaperoo's costs and legal fees, and to indemnify and hold Landscaperoo harmless for any action.
Under no circumstance will Landscaperoo be liable for any damages relating to domains, including but not limited to failure or errors in renewing, transfer, or registration of domains.
E-commerce on Landscaperoo
The Landscaperoo service includes the option to sell good and services directly on member websites. Landscaperoo provides the platform to offer sales, but all transactions occur at our third party transaction processor, PayPal. All transactions are subject to the terms and conditions of Paypal. Further, Landscaperoo is not responsible for, and does not have access to, any aspect of transactions that happen on our platform aside from the items that were included in a specified transaction.
By using any e-commerce components of the service, you agree to not sell products that, in our discretion:
- Infringe or potentially infringe on the copyrights of another party;
- Constitute illegal or potentially illegal products;
- Are offensive, violent, pornographic, or otherwise deemed inappropriate.
We reserve the right to disable or remove any products that are in violation of the terms of this agreement without warning.
You retain full ownership of your content. We don’t claim ownership of the content you provide to the service. These Terms only grant us the limited rights that are needed to provide the Services. By submitting, uploading, posting or displaying content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to transmit, display and distribute such content as required to provide the Services to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. In order to provide the Services, we need the rights to make technical decisions on how to provide and administer the Services. This includes, but is not limited to, how to store your content, how to secure your content. These rights extend to third parties we work with to provide the service, such as our hosting providers.
We do not control or actively monitor your content however we reserve the right at all times to remove or refuse to distribute any content which breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
Intellectual Property Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Click here to contact us via email, or send a postal mail to:
1608 S. Ashland Ave #92842
If we receive a copyright or complaint in relation to content you have on the Website that a third party claims violates their copyright, trademarks or other rights, we reserve the right to investigate and take down the complained of material including the right to disable your site on the Website while we investigate or in order to comply with a request from a third party.
End User License
The Services and the information and materials that it contains, are the property of Landscaperoo and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Nothing in the Terms gives you a right to use the Landscaperoo name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.
You agree to defend, indemnify, save and hold Landscaperoo harmless from any and all demands, liabilities, losses, potential losses, claims, costs and expenses (including attorney's fees), asserted against Landscaperoo, its affiliates, subsidiaries, partners, agents, customers, officers, contractors, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you and any content you make available through the Service.
THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
We may, under certain circumstances terminate your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these terms). Termination of Your access to the Services may also include removal of the materials uploaded by You to the Services. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to You or any third-party for any termination of Your access to removal of any of the materials uploaded by You through the Services.
Availability & Changes
We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such outages. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice. We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
We cannot and do not make any representation or warranty concerning security of the communication to or from the service. Do not attempt to connect to the service using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
Excessive use of Bandwidth
Landscaperoo does not place a cap on a customer’s bandwidth use, or charge customers for the amount of bandwidth used, but reserves the right to take measures to address any customer's excessive use of bandwidth, which can negatively impact Landscaperoo's service or its users.
Bandwidth use is considered to be excessive when it significantly exceeds the usage characteristic of a typical user of the Service. This will be determined by Landscaperoo in its sole discretion.
If a customer's use is deemed to be excessive, Landscaperoo will make every effort to contact the customer and review the matter. However, where Landscaperoo, in its sole discretion, determines that the usage potentially impacts Landscaperoo's ability to provide its Services or that its network resources need to be protected, it reserves the right to suspend or terminate service in response to a customer's excessive bandwidth use, without notice to the customer.
Landscaperoo reserves the right to monitor bandwidth, usage, transmissions, and content in order to identify violations of this Policy, protect the network and its users.
Last Updated: May 3, 2016