Terms of Use

Website Terms of Use

Acceptance of these Terms of Use

These terms of use are entered into by and between you and Lotus Communications Corp., a California corporation (“Lotus” and, collectively with each of its subsidiaries and affiliates (the “Company,” “we,” or “us”). The following terms and conditions (together with any documents they incorporate by reference, these “Terms of Use”), govern your access to and use of each of the websites listed below [link to website section] (each, a “Website,” and collectively, the “Websites”), including any content, functionality, and services offered on or through any Website, whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use any Website. By using any Website or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, do not access or use any Website.

The Websites are offered and available to users who are 18 years of age or older and reside in the United States of America (“America”) or any of its territories or possessions. By using any Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access a Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend any Website, and any service or material we provide on any Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of any Website or the entire Website, or all the Websites.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all those who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access any Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to register with any Website or otherwise, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide access to any Website (or portions of it) to anyone using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Websites and their entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by American and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows.

Your computer may temporarily store copies of such materials in its random-access memory incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from any Website;

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any Website.

You must not access or use for any commercial purposes any part of any Website or any services or materials available through any Website.

If you wish to make any use of material on any Website other than that set out in this section, please address your request to: Headquarters@LotusCorp.com

If you print, copy, modify, download, or otherwise use or provide anyone with access to any part of any Website in breach of these Terms of Use, your right to use the Website will stop immediately and, at our option, you must return or destroy any copies of the materials you have made. No right, title, or interest in or to any Website or any content on any Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company names, these Terms of Use, the Company Trademarks and the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use any Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from America or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards [LINK TO CONTENT STANDARDS] set out in these Terms of Use;

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing); or

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of any Website, or which we determine, in our sole discretion, may harm the Company or users of the Websites, or expose them to liability.

Additionally, you agree not to:

Use any Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of that Website, including their ability to engage in real time activities through that Website;

Use any robot, spider, or other automatic device, process, or means to access any Website for any purpose, including monitoring or copying any of the material on any Website;

Use any manual process to monitor or copy any of the material on any Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;

Use any device, software, or routine that interferes with the proper working of any Website;

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of any Website, the server on which any Website is stored, or any server, computer, or database connected to any Website;

Attack any Website via a denial-of-service attack or a distributed denial-of-service attack; or

Otherwise attempt to interfere with the proper working of the Websites.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to any Website will be considered non-confidential and non-proprietary. By providing any User Contribution on any Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and

All your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of any Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of any Website for any or no reason, including violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive, and agree to hold the Company and its affiliates, licensees, and service providers harmless from, any claims resulting from any action the Company or any of the foregoing parties take as a consequence of investigations by the Company, such parties, or law enforcement authorities.

We cannot, and do not undertake to, review material before it is posted on the Websites and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services. User Contributions, in their entirety, must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY];

Be likely to deceive anyone;

Promote any illegal activity, or advocate, promote, or assist any unlawful act;

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

Impersonate any person or misrepresent your identity or affiliation with any person or organization;

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or

Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Copyright Infringement

Reporting Claims of Copyright Infringement

The Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on any of our Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Jay A. Levine Senior Vice President and Chief Compliance Officer Lotus Communications Corp. 3301 Barham Boulevard

Los Angeles, California 90068 Copyright@LotusCorp.com

If you fail to comply with all requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on any Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on a Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. The Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

The Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content the Company provides, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinions. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Websites is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using any Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If any Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any Website, you do so entirely at your own risk and subject to these Terms and Conditions of use for such websites.

Geographic Restrictions

The owner of each Website is based in America, in the state identified on the page that linked you to these Terms and Conditions, and we provide the Websites for use only by persons located in America. We make no claims that any Website or any of its content is accessible or appropriate outside of America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside America, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of a Website or any services or items obtained through any Website, or your downloading of any material posted on it, or on any website linked to it.

Your use of any Website, its content, and any services or items obtained through that Website is at your own risk. The Websites, their content, and any services or items obtained through any Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of any Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Websites, their content, or any services or items obtained through the Websites will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Websites or any servers that make any Website available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, any Website, any websites linked to any Website, any content on any Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify, and hold the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from any Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with Delaware law, without regard to its principles of conflicts of law. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or any Website will be instituted exclusively in the court of appropriate jurisdiction located in Los Angeles, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of any Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

Limitation on Time to File Claims

Any cause of action or claim arising from or relating to these Terms of Use, or any Website must be commenced within one year after the cause of action accrues; Otherwise, such cause of action or claim will be permanently barred.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and the Company regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Our Websites:

https://www.lotusdigitalcorp.com

Your Comments and Concerns

The Websites are operated by Lotus Communications Corp., 3301 Barham Boulevard, Los Angeles, California 90068. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [LINK TO COPYRIGHT POLICY] in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to Headquarters@LotusCorp.com.