These Sessions Terms of Services covers your use of LANDR’s Sessions Service (as further defined below).
If a term is capitalized without being given a definition herein, it has the meaning set forth in the general Terms of Services.
By using or accessing the Sessions Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Sessions Service.
The Sessions service (“Sessions Service”) allows a User who must hold a valid LANDR account (“Host”) to use a video conferencing service provided by us to invite others who may or may not hold a LANDR account (“Guests”) to participate in a video meeting (a “Session”). During a Session, Host and Guests may also stream audio files directly from their Digital Audio Workstation (DAW).
The Sessions Service is offered through our website but may require installation of applications, plugins and software on your computer or other devices to access all or certain functionalities. Not all computers and devices will be compatible with all or part of the Sessions Service. We can change the system requirements at any time at our discretion. It is your responsibility to ensure that you meet the system requirements, and that you install updates and upgrades as provided by us from time to time. We recommend that you use high speed internet.
A Host must hold a valid LANDR account to organize a Session and invite Guests. We do not require Guests to have a LANDR account, but we may at any time decide to require Guests to open an account or otherwise register with us.
The Sessions Service allows the Host to record a Session. The Host is responsible for compliance with all laws, including privacy and copyright laws, when recording a Session and for any use of the recorded Session (including streaming or other sharing). The Host must make sure that all Guests are aware of and consent to the recording and of any use that will be made of a recorded Session. If you do not consent to being recorded, you should tell the Host and leave the Session if the Host decides to record it without your consent. You agree that we will not be liable to you if the Host records a Session without your consent or use the recorded Session in a manner or for purposes not authorized by you.
We may offer you to download applications, plugins and software for use with the Sessions Service. So long as you comply with the terms of this Agreement, we give you a limited, non-exclusive, non-transferable, revocable license to use such applications, plugins and software, solely in connection with the Session Services. For clarity, you cannot use any such applications, plugins and software for use with another video conferencing service. To the extent any component of such applications, plugins or software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of the terms of this Agreement.
We have no obligation to provide any maintenance or support services for such applications, plugins and software, and we assume no liability if we decide to provide maintenance or support. If we offer updates or upgrades, it is your responsibility to make sure your versions are up to date.
As all of our other services, you must use the Sessions Service in compliance with our Acceptable Use and Fair Usage Policy and with applicable laws. Without limiting the foregoing, you will not use the Sessions Services to:
When you use the Sessions Service or participate in a Session, you may disclose personal information to other participants in the Session, such as your name or any image shown by your camera. If you chat or share any of your content, other participants in the Session may see it. We do not manage any personal information that you provide during a Session and are not responsible for how it is handled. If you have concerns about your personal information shared during a Session, you should address them with the Host and the Guests.
The Host can require a password for Guests to join a Session and we strongly recommend that you use this feature.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, LANDR MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SESSIONS SERVICE, THE SESSIONS AND ANY APPLICATIONS, PLUGINS OR SOFTWARE, INCLUDING THAT THE SESSIONS SERVICE, THE SESSIONS AND ANY APPLICATIONS, PLUGINS OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES, THAT THE SESSIONS SERVICE, THE SESSIONS AND ANY APPLICATIONS, PLUGINS OR SOFTWARE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SESSIONS SERVICE, THE SESSIONS AND ANY APPLICATIONS, PLUGINS OR SOFTWARE WILL BE CORRECTED. LANDR PROVIDES THE SESSIONS SERVICE, THE SESSIONS AND ANY APPLICATIONS, PLUGINS OR SOFTWARE “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, LANDR’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL LANDR, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AGENTS, ITS SUPPLIERS, ITS LICENSORS AND ITS LICENSEES HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SESSIONS SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF LANDR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LANDR IS FOUND LIABLE TO PAY YOU ANY DAMAGES, LANDR’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED US$100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
The Host agrees that he/she is solely responsible for his/her activities and the activities of his/her Guests during the Sessions. The Host hereby releases, and will defend, indemnify, and hold harmless, LANDR from any and all claims, suits, actions, costs, expenses, damages, losses, and liabilities related to any breach of this Agreement, a breach of any applicable laws or the violation of any third party rights, by the Host or one of his/her Guests.
We may revise this Agreement from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on our website). You agree to review the terms of this Agreement from time to time and, in any case, each time we will notify you of changes thereto and by continuing to use or access the Sessions Service after the revisions come into effect, you will agree to be bound by the revised terms of this Agreement.
This Agreement shall be governed by and construed by the laws applicable in the Province of Quebec, Canada. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec.
This Agreement is the entire and exclusive agreement between LANDR and you regarding the Sessions Service, and this Agreement supersedes and replaces any prior agreements between LANDR and you regarding the Sessions Service.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of LANDR, which consent is within LANDR’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. LANDR shall be allowed to assign this Agreement to any third party without requiring your consent, in which case LANDR will only be released from all its obligations towards you hereunder if the assignee agrees in writing to assume and be bound by such obligations.
Nothing in this Agreement shall constitute a partnership or joint venture between you and LANDR.
If a particular provision of this Agreement is held to be invalid within a given jurisdiction by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement for that jurisdiction and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.