Last Updated: August 18, 2017
Welcome to Smooth Landing, LLC. This Agreement governs your access and use of the Rate My Landing application offered by Smooth Landing, LLC and its subsidiaries and related updates, upgrades and features as well as online and mobile services, features, content and websites offered by Smooth Landing, LLC. This Agreement is between you and the Smooth Landing, LLC entity listed in Section 14 below.
BY USING SMOOTH LANDING, LLC SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SMOOTH LANDING, LLC SERVICES. FOR ALL USERS YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 15 TO RESOLVE ANY DISPUTES WITH SMOOTH LANDING, LLC.
TABLE OF CONTENTS
- Smooth Landing, LLC Account
- Content and Entitlements
- Availability of Smooth Landing, LLC Services and Updates
- Your UGC
- Rules of Conduct
- Termination and Other Sanctions
- Consent to Use Data
- Other Software, Utilities and Tools
- Third Parties
- Disclaimer of Warranties; Limitation of Liability
- General Terms
- Changes to this Agreement
- Dispute Resolution by Binding Arbitration
1. Smooth Landing, LLC Account
You need a Smooth Landing, LLC Account to access and use Smooth Landing, LLC Services, including to play online.
To create a Smooth Landing, LLC Account, you must have a valid email address, and provide truthful and accurate information. You must be eligible to use the Smooth Landing, LLC Service for which you are registering and must be resident of a country where use of Smooth Landing, LLC Services is permitted.
You must be at least 13 years of age (or such other minimum age as is applicable in your country of residence) to create a Smooth Landing, LLC Account. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Smooth Landing, LLC Services. Smooth Landing, LLC recommends that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You are responsible for the activity on your Smooth Landing, LLC Account. Your Smooth Landing, LLC Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
You may cancel your Smooth Landing, LLC Account at any time. You also may cancel a subscription to a particular Smooth Landing, LLC Service at any time. Contact Smooth Landing, to cancel your Smooth Landing, LLC Account. To complete your request, Smooth Landing, LLC may collect fees or costs incurred, if allowed by law, and any amounts owed to third-party vendors or content providers.
The Smooth Landing, LLC Services are licensed to you, not sold. Smooth Landing, LLC grants you a personal, limited, non-transferable, revocable and non-exclusive license to use the Smooth Landing, LLC Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Smooth Landing, LLC Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by Smooth Landing, LLC or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Smooth Landing, LLC Services, unless expressly authorized by Smooth Landing, LLC or permitted by law. Smooth Landing, LLC or its licensors own and reserve all other rights, including all right, title and interest in the Smooth Landing, LLC Services and associated intellectual property rights.
3. Content and Entitlements
The Smooth Landing, LLC Services include Content and Entitlements. Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Smooth Landing, LLC Services, as well as the design and appearance of our websites. Content also includes user-generated Content (“UGC”). UGC includes Smooth Landing, LLC Account personas, forum posts, profile content and other Content contributed by users to Smooth Landing, LLC Services. All Content is either owned by Smooth Landing, LLC or its licensors, or is licensed to Smooth Landing, LLC and its licensors pursuant to Section 5 below.
Entitlements are rights that Smooth Landing, LLC licenses to you to access or use the online or off-line elements of Smooth Landing, LLC Services. Examples of Entitlements include access to digital or unlockable Content, additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements.
You will provide at your own expense the equipment, Internet connection and charges required to access and use Smooth Landing, LLC Services.
4. Availability of Smooth Landing, LLC Services and Updates
We do not guarantee that any Smooth Landing, LLC Service, Content or Entitlement will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Smooth Landing, LLC Service, Content or Entitlements for any particular length of time. Smooth Landing, LLC does not guarantee that Smooth Landing, LLC Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations.
From time to time, Smooth Landing, LLC may update, change or modify a Smooth Landing, LLC Service, Content or Entitlements, without notice to you. These updates and modifications may be required in order to continue to use Smooth Landing, LLC Services.
Smooth Landing, LLC may need to update, or reset certain parameters to balance game play and usage of Smooth Landing, LLC Services. These updates or “resets” may cause you setbacks within the relevant game world and may affect characters, games, groups or other Entitlements under your control.
5. Your UGC
You are responsible for your UGC. You may not upload UGC that infringes a third party’s intellectual property rights or that violates the law, this Agreement or a third party’s right of privacy or right of publicity.
Smooth Landing, LLC may, in its sole discretion, remove, edit or disable UGC for any reason, including if Smooth Landing, LLC reasonably determines that UGC violates this Agreement. Smooth Landing, LLC does not assume any responsibility or liability for UGC, for removing it, or not removing it or other Content. Smooth Landing, LLC does not pre-screen all UGC and does not endorse or approve any UGC available on Smooth Landing, LLC Services.
When you contribute UGC, you grant to Smooth Landing, LLC, its licensors and licensees a non-exclusive, perpetual, transferable, worldwide, sublicensable license to use, host, store, reproduce, modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You also grant all other users who can access and use your UGC on a Smooth Landing, LLC Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Smooth Landing, LLC Service without further notice, attribution or compensation to you.
6. Rules of Conduct
When you access or use a Smooth Landing, LLC Service, you agree that you will not:
- Violate any law, rule or regulation.
- Interfere with or disrupt any Smooth Landing, LLC Service or any server or network used to support or provide a Smooth Landing, LLC Service, including any hacking or cracking into a Smooth Landing, LLC Service.
- Use any software or program that damages, interferes with or disrupts a Smooth Landing, LLC Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
- Interfere with or disrupt another player’s use of a Smooth Landing, LLC Service. This includes disrupting the normal flow of game play, chat or dialogue within a Smooth Landing, LLC Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
- Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
- Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.
- Publish, post, upload or distribute UGC or content that is illegal or that you don’t have permission to freely distribute.
- Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that Smooth Landing, LLC (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
- Impersonate another person or falsely imply that you are a Smooth Landing, LLC employee or representative.
- Improperly use in-game support or complaint buttons or make false reports to Smooth Landing, LLC staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Smooth Landing, LLC Services.
- Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
- Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other game hacking, altering or cheating software or tool.
- Modify any file or any other part of the Smooth Landing, LLC Service that Smooth Landing, LLC does not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in a Smooth Landing, LLC Service.
- Use or distribute counterfeit software or Smooth Landing, LLC Content.
- Attempt to use a Smooth Landing, LLC Service on or through any service that is not controlled or authorized by Smooth Landing, LLC.
- Sell, buy, trade or otherwise transfer or offer to transfer your Smooth Landing, LLC Account, any personal access to Smooth Landing, LLC Services, or any Smooth Landing, LLC Content associated with your Smooth Landing, LLC Account, and other Entitlements, either within a Smooth Landing, LLC Service or on a third party website, or in connection with any out-of-game transaction, unless expressly authorized by Smooth Landing, LLC.
- Use a Smooth Landing, LLC Service in a country in which Smooth Landing, LLC is prohibited from offering such services under applicable export control laws.
- If a Smooth Landing, LLC Service requires you to create a “user name” or a “persona” to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that Smooth Landing, LLC determines is vulgar or offensive or violates someone else’s rights.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Smooth Landing, LLC Service.
- Use information about users publicly available in any Smooth Landing, LLC Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
- Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Smooth Landing, LLC Account violates these rules and fails to remedy this violation after a warning, Smooth Landing, LLC may take action against you, including revoking access to certain or all Smooth Landing, LLC Services, Content or Entitlements, or terminating your Smooth Landing, LLC Account as described in Section 7. In case of severe violations, Smooth Landing, LLC may take these actions without issuing a prior warning. Some examples of severe violations include, but are not limited to: promoting, encouraging or engaging in hacking, selling Smooth Landing, LLC accounts or entitlements without Smooth Landing, LLC’s permission, extreme harassment, or threatening illegal activities. When practical, Smooth Landing, LLC will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
Specific Smooth Landing, LLC Services may post additional rules that apply to your conduct on those services.
If you encounter another user who is violating any of these rules, please report this activity to Smooth Landing, LLC using the “Help” or “Report Abuse” functions in the relevant Smooth Landing, LLC Service.
Smooth Landing, LLC may, in its discretion, monitor or record online activity or Content on Smooth Landing, LLC Services and may remove any Content from any Smooth Landing, LLC Service at its discretion. Remember that your communications and your UGC in a Smooth Landing, LLC Service are public and will be seen by others.
7. Termination and Other Sanctions
This Agreement is effective until terminated by you or Smooth Landing, LLC. Smooth Landing, LLC may terminate your access and use of any Smooth Landing, LLC Services or your Smooth Landing, LLC Account if Smooth Landing, LLC determines that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Smooth Landing, LLC Services associated with your Smooth Landing, LLC Account. When practical, Smooth Landing, LLC will notify you of the termination. You may lose your user name and persona as a result of a Smooth Landing, LLC Account termination. If you have more than one Smooth Landing, LLC Account, depending on the type of violation or misuse, Smooth Landing, LLC may terminate all of your Smooth Landing, LLC Accounts and all related Entitlements. If your Smooth Landing, LLC Account is terminated, you will not have access to your Smooth Landing, LLC Account or Entitlements and may be barred from accessing or using any Smooth Landing, LLC Service again. Upon termination, your license under this Agreement also shall terminate.
Instead of termination and prior to any termination, Smooth Landing, LLC may issue you a warning, suspend your access to a particular Smooth Landing, LLC Service or your Smooth Landing, LLC Account, remove or revoke Entitlements at a Smooth Landing, LLC Account or device level, remove or delete any content which is in violation with this Agreement, or ban your device or machine from accessing specific Smooth Landing, LLC Services. If Smooth Landing, LLC takes any action described in this Section, you will not be entitled to a refund (subject to any statutory refund rights) and no Entitlements will be credited to you or converted to cash or other forms of reimbursement.
Smooth Landing, LLC may terminate any Smooth Landing, LLC Service at any time by giving at least thirty days’ notice either via email (if available), within the Rate My Landing Application.
If you believe that any action has been taken against your Account or device in error, please contact Customer Support at Blank.
Sections 5, 7-8, 10-14 of this Agreement survive termination of this Agreement.
8. Consent to Use Data
When you use a Smooth Landing, LLC Service, Smooth Landing, LLC may collect and store data from your device, including information about your device and operating system (such as IP Address and device ID), information about your Smooth Landing, LLC Service usage, gameplay and usage statistics, system interactions and peripheral hardware (for example, to protect your game stats, Smooth Landing, LLC may place a randomly generated identification number in the keychain storage of your device. That identifier will be removed when you reset your device). If you play a Smooth Landing, LLC Service offline, this data will be stored on your device and transmitted to Smooth Landing, LLC when your device connects to the Internet. Smooth Landing, LLC uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and trouble-shoot bugs or otherwise enhance your experience. If you participate in online services, Smooth Landing, LLC also may collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is created and shared by you with other players.
9. Other Software, Utilities and Tools
Smooth Landing, LLC Services may require or allow you to download software, software updates or patches, or other utilities and tools from Smooth Landing, LLC or its licensors onto your device. These technologies may be different across platforms, and the performance of Smooth Landing, LLC Services may vary depending on your device. You understand that certain updates to these technologies may be required in order to continue use of a Smooth Landing, LLC Services. Some of these updates may contain locked features or content that require you to pay an additional fee to access them. You consent to Smooth Landing, LLC automatically installing any available updates for Smooth Landing, LLC Services. Failure to install available updates may render the Rate My Landing application, unplayable.
Some Smooth Landing, LLC Services may give you the option of playing on servers not owned or controlled by Smooth Landing, LLC. Smooth Landing, LLC does not control those services and is not responsible for your use of the Smooth Landing, LLC Service on or through them. These third-party services may subject you to additional or different terms and restrictions.
Smooth Landing, LLC Services may include hyperlinks to third party web sites. Those sites may collect data or solicit personal information from you. Smooth Landing, LLC does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.
11. Disclaimer of Warranties; Limitation of Liability
THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SMOOTH LANDING, LLC BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SMOOTH LANDING, LLC., IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. General Terms
13. Entire Agreement
This Agreement, together with any other Smooth Landing, LLC terms that govern your use of Smooth Landing, LLC Services, constitutes the entire agreement between you and Smooth Landing, LLC. The Agreement may not be amended or modified unless made in writing and signed by Smooth Landing, LLC. The failure of Smooth Landing, LLC to exercise any right under this Agreement shall not constitute a waiver of the right or any other right. If any part of this Agreement is held to be unenforceable, all other parts of this Agreement shall continue in full force and effect.
1. Governing Law
If you live in the United States, Canada or Japan, (i) this Agreement is between you and Smooth Landing LLC., 18056 San Carlos Blvd, Fort Myers Beach, FL, USA; (ii) the laws of the State of Florida, excluding its conflicts-of-law rules, govern this Agreement and your use of Smooth Landing, LLC Services; and (iii) you expressly agree that for claims and disputes not subject to the arbitration agreement below, exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or Smooth Landing, LLC Services shall be the federal or state courts that govern Lee County, Florida, and you expressly consent to the exercise of personal jurisdiction of such courts.
The UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute arising out of or relating to this Agreement.
You agree to follow U.S. and other export control laws and agree not to transfer a Smooth Landing, LLC Service to a foreign national, or national destination, that is prohibited by such laws. You also acknowledge you are not a person with whom Smooth Landing, LLC is prohibited from doing business under these export control laws.
13. Changes to this Agreement
Smooth Landing, LLC may modify this Agreement from time to time, so please review it frequently. For Smooth Landing, LLC players who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting terms on the Rate My Landing application. Your continued use of Smooth Landing, LLC Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the Smooth Landing, LLC Service provided.
14. Dispute Resolutions by Binding Arbitration
THIS SECTION APPLIES TO ALL CONSUMERS AND PEOPLE WHO ACCEPTED THE TERMS OF THIS AGREEMENT. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND SMOOTH LANDING, LLC EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
This Section offers a streamlined way to resolve disputes between us if they arise. Most of your concerns can be resolved quickly and satisfactorily by logging into the Smooth Landing, LLC customer support interface on the Rate My Landing application. If Smooth Landing, LLC cannot resolve your concern, you and Smooth Landing, LLC agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
This Section is an agreement between you and Smooth Landing, LLC, and applies to our respective agents, employees, subsidiaries, predecessors, successors, beneficiaries and assigns. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Section. This Section shall be interpreted broadly and shall survive termination of this Agreement.
- Claims Covered by Arbitration
All disputes, claims or controversies arising out of or relating to this Agreement, any Smooth Landing, LLC Service and its marketing, or the relationship between you and Smooth Landing, LLC (“Disputes”) shall be determined exclusively by binding arbitration. This includes claims that accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims regarding the infringement, protection or validity of Smooth Landing, LLC’s or Smooth Landing, LLC’s licensors’ trade secrets or copyright, trademark or patent rights.
- Informal Negotiations
You and Smooth Landing, LLC shall first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Smooth Landing, LLC will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: Ratemylanding@gmail.com
- Binding Arbitration
If you and Smooth Landing, LLC cannot resolve a Dispute informally, you or Smooth Landing, LLC may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Smooth Landing, LLC may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
YOU AND SMOOTH LANDING, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate another person’s claims with your claims and shall not preside over any type of representative or class proceeding. The arbitrator may award declaratory or 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. If this specific subsection is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
Arbitration shall be initiated in the County of Lee, State of Florida, United States of America, and you and Smooth Landing, LLC agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Changes to this Arbitration Agreement
Smooth Landing, LLC will not enforce material changes to this agreement to arbitrate, unless you expressly agree to the changes.