The content, products and services offered at www.lotusbookworks.com (the "Web Site") are provided by Lotus Interworks, Inc. (the "Company") located at 11833 Mississippi Avenue, Suite 200, Los Angeles, California 90025. By visiting the Web Site and/or using the services offered through the Web Site, the user ("User," "you", "your") agrees to be bound by these Terms and Conditions and that such agreement constitutes a binding contract (the "Agreement") between User and the Company regarding the Web Site, contents, products and services offered therein. If User does not wish to be bound by these Terms and Conditions, the User should not visit or use the Web Site or use the content, products or services offered therein.
Company reserves the right to change these Terms and Conditions from time to time at its sole discretion. In the case of any violation of the Terms and Conditions, Company reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the Company Web Site, both now and in the future.1. Web Site Offerings
Subject to this Agreement, the Website offers Users the use of content in all forms including but not limited to online, mobile phone, DVD, CD-ROM, or printed formats ("Content"), and other services to publish, distribute, sell, and promote Content.2. Restrictions on Use of Content
If you download or purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
a. Subject to the licensing provisions herein, you may not resell any Content or otherwise profit from its use or display on the Web Site;
b. Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible only if explicitly designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;
c. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and
d. You will not remove or obscure any proprietary rights notices contained in or on the Content. 3. International Users
Company makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.4. Uploading Content
By uploading Content to Company Web Site, you represent and warrant at all times that Content:
a. Is owned by you, or, to the extent owned by someone else, that you have all applicable rights and permission to provide the Content to Company in compliance with these Rules;
b. Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
c. Does not invade any individual's right of privacy or publicity;
d. Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Company rule or policy;
e. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
f. To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Company cannot guarantee the accuracy, integrity or quality of content.5. Fees
The Company reserves the sole and exclusive right to charge fees for Web Site offerings. The Company will post such fees, when applicable, on the Web Site and charge Users who purchase such offerings from the Company.6. Licenses and Royalties
When User uploads Content to Company Web Site, User retains copyright and all applicable intellectual property rights except for the following: Company is granted free and in perpetuity the right to use, modify, display, promote, advertise, sell, or otherwise exploit the Content in any electronic form from the Website. Approved submissions of Content are published to lotusbookworks.com.
Following agreement and successful submission of Content, User is paid royalties for every sale of their eBook on the Lotus BookWorks site in the amount of seventy percent ("70%") of the eBook’s list price, less any debt, sales tax to be paid by eBook purchaser, or refunds requested and processed on the behalf of the eBook purchaser.
Payments will be made by paper check in approximately sixty ("60") days following the applicable calendar month of eBook sales. Should an eBook be purchased and later a refund requested by the eBook purchaser, Company reserves the right to delay payment of royalties to User until refund has been resolved. Checks will not be issued for under $100 of eBook sales to the User. In the event of 60 days passing and the User’s sales have not yet reached or exceeded $100, payment will not be made until sales of the User’s eBooks has met or exceeded $100. Once the User’s sales have reach or exceeded that amount following the original 60 days of processing time, User will receive payment due issued in the form of a paper check at the end of the same calendar month where User’s sales met or exceeded $100. Statements will be issued along with payment providing details of eBooks sold and royalties distributed. Payments will be made in U.S. dollars.
7. Restrictions on Use of Material
The use of Company Web Site, its products and services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the Company Web Site or on any other co-branded Web Site, by any user in any capacity, is strictly prohibited and a material condition to the use of the Company site. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, re-sell the content and/or information contained within the Company or co-branded Web Sites in a commercial manner is strictly prohibited. Company reserves the right to immediately terminate any account that is being used in such activity. The reposting, manipulation, display or other Web-based presentation of data obtained through the Company Web Site on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, Company may seek injunction in any court located in Los Angeles County, California or the United States District Court for The Central District of California. And, User, through the use of this site consents to the jurisdiction of said courts and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.
User agrees to indemnify and hold harmless Company, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) User's negligence or misconduct, or (ii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary or intellectual property right of a third party.
9. Code of Behavior
User agrees not to post on the Web Site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features which include, without limitation, viruses, Trojan horses, worms, time bombs, cancel-bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web Site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Company must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
Usage of the Web Site shall be limited to non-robotic, non-mechanical or other non-artificial/software based interface. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.
By subscribing to the Company service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in Company to any person or organization, by any means, electronic or other.
b. Disqualifications: Company reserves the right to disqualify any entrant or entry trying to circumvent or break Contest Rules, tamper with the contest process or otherwise interfere with proper functioning of the Contest. Entries received in violation of applicable law or submitted by entrants whose conduct violates applicable law are automatically null and void.
c. Judging, Disputes: Entries will be judged by Company staff and/or outside judges, who may serve on either a paid or volunteer basis. Winners of Contests involving random drawings will be selected at random from all eligible entries. Company reserves the sole, discretionary and absolute right to resolve "ties," determine Contest winners and cancel, terminate, modify, or suspend any Contest at any time with or without notice or cause.
d. Notification of Winners: Contest winners will be contacted by e-mail within five (5) days after selection of winning entries and conclusion of the judging process. Winners must respond to the e-mail within seven (7) calendar days of the date of the Company e-mail notification in order to claim a prize. If a winner cannot be contacted or does not claim the prize within the specified time period, Company reserves the sole, discretionary right to extend the time for a winner to respond, to declare the prize forfeited and select another winner or to elect another reasonable course of action. Winners are solely responsible for payment of any taxes on prizes.
e. Odds of Winning: Odds of winning will vary based upon the number of eligible entries received and the nature of the Contest.
f. Contest Rules, Winner Lists: A complete copy of these Rules, Contest-specific guidelines and lists of Contest winners may be obtained by sending a self-addressed, stamped envelope to:Lotus BookWorks, Inc., Writing Contest Rules Request, 11833 Mississippi Avenue, Second Floor, Los Angeles, California 90025.
11. General Disclaimer
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY PROVIDES THIS WEB SITE, CONTENT, PRODUCTS AND SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT COMPANY OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE, ITS CONTENT, PRODUCTS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAWS.
13. End User Information and Revenues
Information about End Users gathered, stored or transmitted by the Company platform shall be the sole property of Company. User is not entitled to any such information, including personal identity, email address, click through activity and any other personal information. Company shall have the sole rights to revenues generated from End Users of the Company platform.
14. Trademarks, Service Marks, & Logos
All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web Site are trademarks or service marks of Company or another entity. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other web site is strictly prohibited without prior written approval by Company.
15. Links to/from Third-Party Sites
Web Site may contain links to third-party sites. User accesses these sites at User's own risk; Company is not responsible for the contents, changes, updates, or other links contained in a linked site. Company provides these links merely as a convenience. The inclusion of such links does not imply an endorsement by Company of site.
Any third party desiring to link to Company must link to Company's homepage. No one may link to any other page of this Web Site without the prior written consent of Company.
16. Authorization, Credit Cards, Debit Cards
By providing credit card, debit card or ACH transaction information, the User consents to the billing for services/access provided by Company.
17. No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of use of Company.
18. Governing Law
The contents of this Web Site and any claims related to it are governed by the laws of the State of California, without reference to its conflict of laws/rules. User consents to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.
By subscribing to the Company's service, you agree not to disclose your access code to others. You also agree not to distribute the information contained in Company to any person or organization, by any means, electronic or other.
20. Company Name and Address
Lotus Interworks, Inc. 11833 Mississippi Avenue, Suite 200, Los Angeles, California 90025.
User may receive the above information at the User’s email address upon request.
21. Entire Agreement
The above Terms and Conditions constitute the entire and only agreement between User and the Company on the matters described.