Bozeman, MT Photography, Graphic & Web Design » Terms of Use » Lotus Effects, LLC
BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. User expressly acknowledges that the use of this Website is at your sole risk. You assume total responsibility for your use of the Website and any linked sites.
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TERMS

1.         General.

LE and its affiliates (“Lotus Effects”, “we”, or “us”) has created and maintains this website. By accessing and/or using this website, you accept, without limitation or qualification, these Terms of Use. We reserve the right to change these Terms of Use from time to time in our sole and absolute discretion without notice to you. Such changes will become effective and binding on you immediately upon posting to the website and you will be deemed to have accepted such changes by your continued use of this website.

2.         Use of Website.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE.

User expressly acknowledges that the use of this Website is at your sole risk. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against dissatisfaction with the Website or any content is to stop using the Website or any such content.

You represent and agree that you are at least 18 years of age and that you will not use this website, nor allow anyone to use this website, (a) in violation of any law, regulation, ordinance or court order, (b) in any manner which could damage, disable, overburden or otherwise impair the ability of LE to make the website available to other users or to interfere with the use and enjoyment of the website by other users, (c) to create, copy, upload, download, store, publish, distribute, broadcast, transmit or otherwise disseminate any content, information or communication that (i) infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or any other intellectual property right, or (ii) may be deemed libelous or slanderous, (d) to harass, intimidate, threaten or encourage any violence against any person, group or organization, (e) to transmit or otherwise disseminate any spam e-mails, viruses, corrupted files, spyware, malware, or any other software or code that may damage or impair the operation or security of any computer, hardware, software, system or service, (f) to gain or attempt to gain unauthorized access to any computer, hardware, software, system, service, account, communication or information of LE, any other users or any third party, or (g) to engage in any conduct that could expose LE to civil or criminal liability (collectively, the “Prohibited Conduct”).

3.         User Accounts and Personal Information.

You represent and agree that all information you provide to LE will be true, accurate, current and complete and that you will update such information as necessary to maintain such information as true, accurate, current and complete. You agree that you are solely responsible for the protection of your password and any use of your user account by anyone to whom you provide your password. Without limiting the generality of the foregoing, you will be held liable for any violation of these Terms of Use by anyone to whom you provide your password or otherwise allow access to your user account. If you believe that the security of your password has been compromised, or that anyone has used your password to make unauthorized access to your user account, it is your responsibility to immediately notify LE and to request a new password. You acknowledge and agree that any personal information that you provide to LE via this website will be used by LE in accordance with our Privacy Policy. Notwithstanding anything in these Terms of Use to the contrary, you hereby authorize LE to disclose without notice to you any personal information in its possession if required to do so by law or upon a good faith belief that such disclosure is necessary to comply with the law. You hereby release LE from any and all claims, damages, liabilities and causes of action arising out of such authorized disclosure of personal information.

5.         Donors.

Any user may become a donor (“Donor”) by making a donation to LE. You acknowledge and agree that you are under no obligation to become a Donor or to make a donation and that you will be solely responsible for any decision to become a Donor. In the event that you should decide to become a Donor, your donation will be subject to these Terms of Use.

You understand and agree that your donation is being made to LE and that your donation is not tax deductible. You further understand and agree that LE has exclusive legal control over all donations.  While LE will make every effort to fulfill donation rewards if fundraising goals are met, it is under no legal obligation to use your donation to fund any particular Project.  Furthermore, LE will only distribute donation rewards once the Basic Goal reaches its targeted funding.  It is possible that the Project will not reach its targeted funding and that LE will only distribute the digital donation rewards if the targeted funding is not attained. ALL DONATIONS ARE FINAL AND NON-REFUNDABLE. Donations to LE represent irrevocable gifts subject to the legal and fiduciary control of LE.

You understand and agree that your donation will not be refunded to you, in whole or in part, and you may not cancel or withdraw your donation for any reason.  Without limiting the generality of the foregoing, LE will not refund your donation to you in the event that LE fails to complete a fully funded Project, LE fails to deliver any anticipated donation rewards, or you are unable to obtain a tax deduction for your donation.

In the event that you make a donation, you will be required to provide credit card or other payment information at the time of the donation. You represent and agree that all payment information you provide to LE will be true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide LE with alternative payment information to fulfill your donation.

In the event that you make a donation and LE and your donation is used to fund a Project, your donation may entitle you to receive certain donation rewards to be provided by LE as more fully described in the Project. You understand and agree that LE is not responsible for providing any rewards if the target funding goal is not attained, that your donation is not contingent upon receiving any rewards, and that your donation will not be refunded to you in the event that LE fails to provide you with any rewards even if such rewards are described in the Project at the time of your donation.

Unless you expressly notify LE to the contrary, LE shall have the right, but not the obligation, to list your name as a Project contributor in any programs, publications or public announcements with respect to any Project for which you recommended funding. You hereby release LE from any and all claims, damages, liabilities and causes of action arising out of or related to your donation, including but not limited to the failure of any Projects to be approved for funding, the failure of LE to complete any Projects, the failure of LE to provide you with any promised rewards, the listing or failure to list your name as a Project contributor and/or the use of your donation by LE to fund a Project.

6.         Intellectual Property and Licensing.

You hereby grant to LE a perpetual, worldwide, non-exclusive, royalty free, right and license to use any content you upload to any user accessible portions of this website, including but not limited to your name, voice, likeness and any text, video, imagery, audio and other content, for the purpose of promoting public awareness and support of our website. You warrant and represent that you have obtained all third party assignments, license grants, permissions and releases necessary to grant the foregoing license to LE. You further warrant and represent that the content you upload to any user accessible portions of this website, or otherwise provide to LE, will not infringe upon, violate or misappropriate any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights or other intellectual property rights.

You acknowledge and agree that all other content made available to you via this website is protected by applicable copyright, privacy and publicity laws and all rights are reserved by LE or users who submitted such content. You acknowledge and agree that such content is provided solely for your personal viewing and use on this website and is not provided for any other purpose or use. Without limiting the generality of the foregoing, you represent and agree that you will not reproduce, publish, display or make any commercial use of any content made available to you via this website without the prior written consent of LE the or users who submitted such content.

7.         Review and Removal of Content.

You agree that LE reserves the right, but does not assume the obligation, to review any content, information or communications uploaded to this website, or otherwise provided to LE, for compliance with these Terms of Use. You agree that LE, reserves the right, but does not assume the obligation, to remove, filter, block or edit any content, information or communication, in whole or in part, for any or no reason. Notwithstanding the foregoing, you acknowledge and agree that LE is not responsible for removing, filtering, blocking or editing any content, information or communication on this website, and that you may encounter content, information or communications on this website that you may deem offensive or unwanted. You further acknowledge and agree that you are solely responsible for installing any filtering software and implementing any protections you deem to be appropriate to protect yourself and anyone you allow to access this website, including but not limited to minor children, from accessing, viewing or receiving content, information or communications that you deem offensive or unwanted. You hereby release LE and the Donors from any and all claims, damages, liabilities and causes of action arising out of the removal, filtering, blocking or editing of, or the failure to remove, filter, block or edit, any content, information or communications on this website.

8.         Modification or Discontinuation.

You acknowledge and agree that LE may modify or discontinue any or all features of this website immediately and without notice to you in its sole and absolute discretion. You further acknowledge and agree that LE may suspend or terminate any account that you create on this website, with or without notice, for any or no reason, in its sole and absolute discretion. You hereby release LE and the Donors from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this website and the suspension or termination of your access to this website and/or any account that you create on this website.

9.         Use of Trademarks.

You acknowledge and agree that nothing contained in these Terms of Use shall be construed as a license to use the trademarks LE, or any other trademark, service mark or trade name of LE or its affiliates, or any Donor. You further acknowledge and agree that you will not reference LE or Donors in any promotional materials or press releases without the prior written consent of LE or the applicable Donors, which permission may be withheld or withdrawn in the sole discretion of LE or the Donors.

10.       Third Party Websites.

This website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between LE and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of LE, that LE is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.

11.       Disclaimer of Warranty.

YOU ACKNOWLEDGE AND AGREE THIS WEBSITE, AND ALL CONTENT AND SERVICES PROVIDED VIA THIS WEBSITE, ARE PROVIDED ON AN AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT LE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY CONTENT OR SERVICES, WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS WEBSITE OR ANY CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LE HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

12.       Limitation of Liability.

IN NO EVENT WILL LE, THE DONORS, OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF LE OR THE DONORS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

13.       Indemnification.

You agree to defend, indemnify and hold harmless LE, the Donors and their respective affiliates, officers, directors, employees and agents, from and against any and all claims, damages, liabilities and causes of action (including reasonable attorneys fees) arising out of or relating to your use of this website or your breach of these Terms of Use, including but not limited to any Prohibited Conduct.

14.         DMCA Notice.

If you are a copyright owner or an agent thereof and believe that any content, information or communication on this website infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of LE and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the our website, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of infringement should be directed to LE’ Designated Agent by emailing info@lotuseffects.com.

If you submit a notice of infringement that knowingly materially misrepresents that any content, information or communication on this website is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information or communication has been removed from this website due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. LE will terminate your account in the event that LE determines in its sole and absolute discretion that you have used our website in a manner that qualifies you as a “repeat infringer” under the DMCA.

 15.       Independent Contractors.

You acknowledge and agree that LE and the Donors are independent contractors and that nothing contained in these Terms of User or elsewhere will be construed to create a partnership or agency agreement between LE and any Donors. Without limiting the generality of the foregoing, you acknowledge and agree that LE will not be held liable for any claims, damages or liabilities arising out of or relating to the acts or omissions of any Donors, or the creation, performance, publication, display, completion or inability to complete any Project.

16.       Severability.

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 the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

17.       Jurisdiction and Choice of Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Bozeman, Montana in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.

18.       Waiver.

A waiver by LE of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future. No waiver of any breach of these Terms of Use will be considered valid unless in writing. The failure or delay of LE in exercising any of its rights under these Terms of Use will not constitute a waiver of such rights except as specifically provided in these Terms of Use.

19.       Entire Agreement.

These Terms of Use constitutes the entire agreement and supersedes any and all other understandings and agreements between you and LE with respect to the subject matter hereof and no representation, statement or promise not contained herein shall be binding on you or LE. Although these Terms of Use may be updated or modified by LE from time to time as set forth therein, LE will not be bound by any other amendments or modifications to these Terms of Use unless expressly accepted in writing by LE in a written amendment expressly referencing these Terms of Use. These Terms of Use may not be supplemented or modified by any course of dealing or trade usage.