We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Thank you for visiting LotusEnthusiast.net (“The Site”). By using The Site, you are creating a legal and binding agreement between you and the owner of The Site (“Owner”) that includes all of the following terms of your usage of The Site. The Owner shall be free to change these terms at any time by posting the same on The Site but without any individual notice to you.
Before you accept this agreement, you should note that other parties may post materials that you may find offensive. It is also possible that other parties may obtain information about you that you may consider personal and that they may seek to harass, intimidate or otherwise use such information in a manner that you may object to. Additionally, you must know that information that you post is not private and may be accessed and viewed by others. Thus you should be extremely careful about the information you provide.
The content of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. The Site or your access to The Site can also be taken down at any time by Owner. No such actions shall be deemed a breach or violation of this agreement on the part of Owner.
You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site (“Material” in this agreement and the term “Material” shall include any information including any photographs, descriptions, biographical material, email information or the like you provide) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. You are responsible for maintaining the confidentiality of any password and account provided to you as part of your use of The Site, and are fully responsible for all activities that occur under your password or account. Owner reserves the right but has no obligation to reject any Material brought to Owner’s attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material. You agree that you will not post on The Site or otherwise publish, transmit, republish or retransmit to others:
* any Material that may violate the rights of any other party including but not limited to any rights of privacy, libel, slander, copyright, trademark or other rights nor any Material that is obscene, offensive, racist, sexually explicit, harassing or violates the laws of any state, country, province or any other governmental entity anywhere in the world;
* any Material that includes anatomical or sexual references, or sexually suggestive language;
* any photographs, graphics or the like in any format containing nudity or personal information;
* any Material that is encrypted;
* any Material that may be deemed to be or is a chain letter or the like;
* any Material that contains or delivers any form of viruses, trojan horses, etc.
Additionally, you understand that everyone who posts any Material to The Site including but not limited to advertisers who advertise on The Site may own rights to that Material or such advertisements and related matters and you agree that you shall not copy, transmit, repost or otherwise use any such Material or such advertisements and related matters anywhere without the express, prior and written permission of the owner of that Material or such advertisements and related matters.
You further agree that you shall not:
* interrupt or disrupt or attempt to interrupt or disrupt The Site in any way nor prevent or impede any other party’s access to The Site;
* provide false or misleading information about yourself or others;
* modify or change any aspect of The Site;
* collect or store personal data about other users.
You agree that your correspondence or business dealings with, or participation in promotions of, advertisers or others found on or through The Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or others. You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or others on The Site.
In the event that you provide information about yourself, you shall update such information from time to time to keep the said information current.
Owner reserves the right and by entering into this agreement you expressly consent to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site including the right to remove any Material that Owner deems in violation of this agreement but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material. You expressly consent to allow Owner the right to store and make copies of all of your Material and other information you post. You expressly consent to allow Owner to disclose to any other party all such Material and other information you post. You agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of this agreement; (c) respond to claims that any Material violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public. Owner is the proprietor of all of Owner’s copyrights, trademarks and other proprietary rights and you shall have no rights of any sort in and to nor shall you use any of Owner’s proprietary rights. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of The Site. You hereby give and grant to Owner, its successors, assigns and licensees, all rights to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and its successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason. Owner shall have the right to sell, assign and otherwise transfer any or all of its rights in this agreement to any other party. You further acknowledge that Owner may establish general practices and limits concerning use of The Site, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Material will be retained, the maximum number of email messages that may be sent from or received by you, the maximum size of any email message that may be sent from or received by you, the maximum disk space that will be allotted on Owner’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access The Site in a given period of time. You agree that Owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other Material You acknowledge that Owner reserves the right to log off accounts that are inactive for an extended period of time.
Interpretation of this Agreement.
It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher of any Material nor responsible in any manner for the conduct of you or any other member or otherwise and as such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner’s actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
You represent and warrant: that you are over the age of 18; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party as set forth above and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; that the Material is original with you; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and the like regulating this agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, nor any of its shareholders, officers, directors, agents, attorneys or others liable in any manner for anything that may result from your or another person’s use of Our Service. These warranties shall survive the termination of this agreement.
Shall defend and save and hold harmless Owner, Owner’s affiliated and related corporations and other related business entities, their or Owner’s respective successors and assigns and their or Owner’s licensees, partners, employees, agents, attorneys, shareholders, officers, directors against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any third parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
THE SITE AND ALL OF ITS COMPONENTS INCLUDING BUT NOT LIMITED TO ANY ADVERTISING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU ARE USING THE SITE AT YOUR OWN RISK. OWNER DOES NOT WARRANT OR GUARANTEE, AND OWNER SHALL NOT BE RESPONSIBLE FOR, THE CORRECTNESS OF ANY MATERIAL POSTED ON THE SITE, WHETHER BY OWNER OR BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER. OWNER DOES NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER. OWNER SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ADVERTISERS AND OR ANY OTHER VISITOR TO THE SITE OR ANY ACTS OR OMISSIONS OF ANY PARTY TO WHOM THE SITE HAS PROVIDED ANY LINKS OR WHICH OTHER PARTY MAY PROVIDE SERVICES TO THE SITE OR TO YOU. OWNER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, NOR FOR FAILURE OF OWNER’S OR ANY OTHER WEB HOSTING OR OTHER SERVER NOR ANY FAILURE OF OWNER OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS FOR ANY PERIOD OF TIME NOR FOR ANY CAUSE OUTSIDE OF OWNER’S CONTROL NOR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE SERVICES RENDERED HEREIN, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
If you have any complaints about The Site, you can contact Owner via the Contact page. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. This agreement shall be subject to and interpreted under the laws of the United States applicable to agreements wholly to be performed therein. If Owner asks a third party to provide services through our network or for The Site, the provisions of this agreement shall apply to your use of their services. This agreement is the complete understanding between you and Owner and may be modified and any of its provisions waived only by a writing signed by both you and Owner. It shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in the United States and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
This site contains links to other Internet sites as well as advertisements. Such links and advertisements are not endorsements of any products or services in such sites or in such advertisements, and no information in such site or such advertisements has been endorsed or approved by Lotus Enthusiast.
All product names, brand names and the like depicted or used in this web site and related materials are either trade names, trademarks or registered trademarks of and owned by the respective owners. No claim is made that any such owners endorses any of the products or services provided by this web site.
All of the provisions of this site’s Terms of Service are fully incorporated herein.