Terms of Use
The following terms of use (“Terms of Use”) apply to your use of services operated by Launch On Demand Group Inc. (“LOD,” “we,” “us,” or “our”). By accessing or using our web site at https://launchondemand.space, including subdomain(s) thereof (collectively, “Site”), or our mobile application (“LOD Mobile App”) and related services, and communications (e.g., emails, phone calls, and texts), you signify that you have read, understand, and agree to be bound by these Terms of Use for the LOD Mobile App, the Site and any communications (collectively, the “Services”).
In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Services or transactions entered into by you while using the Services. If there is any contradiction between these Terms of Use and another agreement you enter into applicable to specific aspects of the Services, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, “User” or “Users” means anyone who accesses and/or uses the Services.
Changes to these Terms of Use
We may make changes to these Terms from time to time in our sole discretion. If we do this, we will post the changed Terms and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new terms.
Eligibility
The Services are intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Services by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Services, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by these Terms in their entirety. If you violate any of these Terms, or otherwise violate an agreement between you and us, LOD may delete your profile and any information that you have provided to access the Services and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services), at any time in its sole discretion, with or without notice.
Registration Data
In consideration of your use of the Services, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any account registration through the Services or otherwise requested by LOD (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to LOD, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Content & Limited License
All content on the Services, including but not limited to designs, text, graphics, pictures, video, software, music, videos, sound and other files, and their selection and arrangement (the "Content"), are the proprietary property of LOD with all rights reserved, except the copyright to certain images or videos appearing on the Services may belong to third-parties and we are using such images as a fair and permissible use and/or with the appropriate license and/or consent of the copyright holder. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as follows.
Notwithstanding the previous sentence, provided that you are eligible for use of the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content solely for your use in connection with your use of the Services, provided that you keep all copyright or other proprietary notices intact. You may not republish Content or incorporate the information in any other database or compilation, and any other use of the Content is strictly prohibited.
Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of LOD, is strictly prohibited and will terminate the license granted herein. 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 of Use shall be construed as conferring any license to intellectual property rights (including, but not limited to, trademark and copyright) of LOD, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause. We reserve all rights not expressly granted to you in and to the Services, Content, and any proprietary marks.
Restrictions on Data Collection/Termination
Without our prior consent, you may not:
- Use any automated means to access the Services or collect any information from the Services (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
- Frame the Services, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Services;
- Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining and/or using content or other information from the Services; or
- Use the Services in any manner that violates applicable law or that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
Trademarks
“Launch on Demand,” “LOD,” and other service names, graphics, logos, designs, page headers, button icons, and scripts on the Services are our trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior express written permission of LOD.
User Representations
You represent, warrant, and agree that no materials of any kind submitted, posted, or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or for any other purpose. You further agree that you may not use the Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Services. In addition, you agree not to use the Services to:
- Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity, except where expressly authorized by LOD in writing;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Upload, post, transmit, share, or otherwise make available any material that 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;
- Use any information obtained from the Services in order to harass, abuse, or harm another person;
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of LOD, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose LOD or its Users to any harm or liability of any type;
- Use or attempt to use another’s account, service, or system without authorization from that person and from LOD.
Copyright Complaints
If you believe that any material on the Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:
Attention: Designated Copyright Agent
Launch On Demand Group Inc.
1980 N. Atlantic Avenue
Suite 203
Cocoa Beach, FL 32931
USA
Email: burton.catledge@launchondemand.space
To meet the notice requirements under the Digital Millennium Copyright Act (“DMCA”), the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, LOD has adopted a policy of terminating, in appropriate circumstances and at LOD’s sole discretion, the accounts of Users who are deemed to be repeat infringers. LOD may also at its sole discretion limit access to the Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Links to Other Web Sites and Content
The Services may contain (or you may be sent through the Services) links to other web sites (“Third-Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Services, or any Third-Party Content posted through the Services, including without limitation the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Sites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Sites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Sites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold LOD blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Sites.
Privacy
Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.
Term and Termination
These terms shall remain in full force and effect while you use the services. without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. we may terminate your use or participation in the services or delete any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without giving notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Disclaimer
The services are provided on an as-is and as-available basis. you agree that your use of the services will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us. certain u.s. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
Indemnification
You agree to defend, indemnify, and hold LOD harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Governing Law and Jurisdiction
These Terms of Use, and your use of the Services, are governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction. Unless a dispute is governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. This is the case whether you reside or transact business with us in Texas or elsewhere. If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Dispute Resolution
In the event of any claim, controversy or alleged dispute between you and us (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you are non-confidential and shall become the sole property of LOD. LOD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
No Waiver
The failure of LOD to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.