Last updated: 25 May 2016
When you use Lotus, you provide us with hand-drawn strokes on one or more Lotus drawing spaces ("Your Boards"). Your Boards are yours. These Terms don't give us any rights to Your Boards except for the limited rights that enable us to offer Lotus.
We need your permission to host do things like hosting Your Boards, backing them up, and sharing them when you ask us to. Your Boards are stored in Google Firebase and require you to explicitly share them with others by email address or phone number.
Lotus lets you share Your Boards with others, so please think carefully about what you share.
You are responsible for your conduct and Your Boards. Content in Lotus may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. But we have no obligation to do so. We aren't responsible for the content people post and share via Lotus.
Please safeguard your password to Lotus, make sure that others don't have access to it, and keep your account information current.
Finally, Lotus is not intended for and may not be used by people under the age of 13. By using Lotus, you are representing to us that you're over 13.
Lotus is protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in Lotus, others' content in Lotus, Lotus trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
You're free to stop using Lotus at any time. We also reserve the right to suspend or end Lotus at any time at our discretion and without notice. For example, we may suspend or terminate your use of Lotus if you're not complying with these Terms, or use Lotus in a manner that would cause us legal liability, disrupt Lotus or disrupt others' use of Lotus. We reserve the right to terminate and delete your account if you haven't accessed Lotus for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
We strive to provide the best experience possible with Lotus, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIAN ZAIK (THE "LOTUS TEAM") AND AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. LOTUS IS PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR THE LOTUS TEAM OR ITS AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL THE LOTUS TEAM, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS WILL BE REGARDLESS OF WHETHER OR NOT THE LOTUS TEAM OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, THE LOTUS TEAM, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO LOTUS FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO THE LOTUS TEAM FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
These Terms will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
These Terms constitute the entire agreement between you and the Lotus Team with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
The Lotus Team's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. The Lotus Team may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms 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 or by posting on this page). By continuing to use or access Lotus after the revisions come into effect, you agree to be bound by the revised Terms.