Website Terms of Use
Please read these “Terms of Use” if you are considering using any material, service or information that appears on the LOTUS Microsystems site. Note that by visiting and/or using our site, you agree to these Terms of Use. If you do not agree to our Terms of Use, please disconnect from and do not use this Site.
General
This website, and any sub-sites thereof, (together the “Site”), is published and maintained by LOTUS Microsystems, or its subsidiaries, or branch offices, (together “LOTUS Microsystems”). By using the Site you agree to the terms and conditions outlined in this legal notice, in the Privacy Policy and all applicable laws and regulations, including without limitation export controls (collectively, “Terms of Use”). You declare that you have the legal authority to accept these Terms of Use on behalf of yourself and any party you represent. If you do not agree to the Terms of Use, please do not use the Site.
Changes or Modifications
From time-to-time, we may change or modify these Terms of Use. You should therefore visit these pages each time you visit the Site. If you continue to use the Site after we have changed or modified these Terms of Use, it also means you agree to the new terms of use.
Availability of products and services
The products and services displayed on the Site may not be available in your particular country or locality, or at all. The reference to such products and services on the Site is for information purposes only and does not imply or warrant that these products or services will be available in your particular country, location or elsewhere. Applications and features of the Site and services may depend on your SIM card and/or your network, content format and the compatibility of devices necessary for the use. Please verify the local availability of the service with your operator or service provider.The Site may be temporarily unavailable from time-to-time due to maintenance or for any other reason. Furthermore, LOTUS Microsystems may at any time discontinue the Site or any part thereof.Any of the services may be or may become subject to charges. If any fees are charged, these will be announced separately and in connection with the applicable service.The use of the Site may involve sending data through your service provider’s network for which your network service provider may charge. LOTUS Microsystems cannot be held responsible for any such charges.
Ownership
All materials, including all images, software, text and graphics, buttons, keywords, meta-tags and the general ‘look and feel’, (“the Content”), contained on the Site are protected by copyright under national laws and international treaties. The marks, corporate logos and emblems displayed on the Site are subject to the trademark and other rights of LOTUS Microsystems or its content providers.
You cannot use the Content except as specified herein. Violation of these Terms of Use may constitute violation(s) of our or our content providers’ intellectual property rights, and LOTUS Microsystems or its content providers may be required to take legal action to protect these rights. The Content may be viewed and printed, and documents thereon distributed provided such documents are used for information and non-commercial personal purposes only and reference is made to LOTUS Microsystems whenever the document is used. You may not exchange, modify, sell, reverse engineer or transmit anything on the Site. Press releases and other documents classified as public may be used for public communication provided the source of the information is stated.
If you send any communications or materials to the Site by electronic mail or otherwise, all such communications will be treated as non-confidential and non-proprietary. LOTUS Microsystems is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that LOTUS Microsystems is not obligated to use any such ideas or materials, and you have no right to compel such use.
Submitted personal information for Registration, Use and termination of service
Users of LOTUS Microsystems services offered via this Site agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the User Registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LOTUS Microsystems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LOTUS Microsystems has the right to suspend or terminate your access to or use of such service.
You may be asked to provide or you may receive a password and username designation upon completing the registration process for a specific service. Such passwords or usernames will be for exclusive and non-transferable use by you. You are responsible for maintaining the confidentiality of the password and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify LOTUS Microsystems of any unauthorised use of your password or account or any other breach of security. LOTUS Microsystems cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.If you no longer wish to use any services you may terminate your account in respect of that service and you will no longer have access to your account. If there is an indication that you are in breach of these Terms of Use LOTUS Microsystems may remove your access to any service immediately without prior notice. Furthermore, LOTUS Microsystems may remove your account or restrict your access to certain parts of the services, if you have not accessed or utilised a particular service in the past six (6) months.You understand and acknowledge that, even after removal, some material posted by you may be retained as cached and/or archived materials.
Links
For your convenience, the Site may include links to sites on the internet that are owned, published and maintained by third parties. Linked sites are not under our control, and therefore LOTUS Microsystems cannot assume any responsibility for the content of such linked sites. Links to the Site are prohibited without the consent of LOTUS Microsystems. Links do not, and are not intended to, create or constitute a legal affiliation between LOTUS Microsystems and any third party, any liability or responsibility on the part of LOTUS Microsystems for the content, advice, representations, products or services of any third parties, or any endorsement, warranty or guaranty of their products and services or the performance or quality of same.
You acknowledge that is your responsibility to comply with the terms and conditions of any such linked sites.
Software available on the Site
Any software that may be available for download from the Site (the “Software”) is the copyrighted work of LOTUS Microsystems or its content providers. The Software is made available for downloading solely for end users’ personal use and its use is subject to terms of the end-user license agreement, which accompanies or is included with the Software (the “License Agreement”). Any reproduction or redistribution of the Software not in accordance with the Licence Agreement may result in civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENCE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENCE AGREEMENT, LOTUS Microsystems HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT.
Protection of information
Internet transmissions are never completely private and secure. You understand that any message or information you send on the Site may be read or intercepted by others. Further, you should not give your password to anyone. Also, if you share your computer with other people, you should log out from the Site and close your browser window when you are done. In no event will LOTUS Microsystems be responsible for unauthorised acts of third-parties made with the intent to circumvent the Site’s security protocols.
Age limit
Everyone is welcome to visit the Site. However, if you want to participate in the different sections of the Site, for example, join a club or group, enter a contest or buy anything online, you must register. In order to register, you must be at least 15 years old and receive your parent’s or guardian’s written consent if you are under 18. If you are a minor where you live, you must have your parent or legal guardian (who must be legally competent) review the Terms of Use and complete the registration on your behalf, and the Terms of Use will apply to you.
Submitted Content
You may upload and/or download content. All information, data, text, software, music, sound, photos, graphics, videos, messages or other content posted by you (“Submitted Content”) are solely your responsibility. You are entirely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available. LOTUS Microsystems assumes no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content you transmit in any manner via the Site. LOTUS Microsystems does not control the content and does not warrant the nature, accuracy, integrity, or quality of the Content or that you will not be exposed to offensive, indecent, or objectionable material. LOTUS Microsystems reserves the right to remove content at any time, including but not limited to any content that LOTUS Microsystems determines, in its sole discretion, to be offensive, indecent or objectionable.
Ownership of Submitted Content
By posting Submitted Content, you grant LOTUS Microsystems a worldwide, non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Submitted Content. This includes the right to prepare derivative works thereof, or incorporate the Submitted Content into other works as well as sublicense the same.
Specific Services
LOTUS Microsystems may offer to its end users various services. You are responsible for all information you synchronise.
All data you submit via the service(s) will be handled in compliance with LOTUS Microsystems’s Privacy Policy. You grant LOTUS Microsystems all necessary licenses and rights for the handling and use of your data in order to provide the service(s) to you. LOTUS Microsystems does not assume any responsibility or liability for any deletion or failure in connection with handling, synchronizing or storing your data.
LOTUS Microsystems cannot be held responsible for any removal of any data.
IN NO EVENT SHALL LOTUS Microsystems BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICE OR FOR ANY DATA-OVERWRITING OR ANY DELETION OF PERSONAL DATA OR FILES (INCLUDING BUT NOT LIMITED TO CONTACTS, MUSIC TRACKS AND PICTURES) THAT OCCUR AS A RESULT OF USE OF ANY SERVICES.
You acknowledge that LOTUS Microsystems has the right to delete your data without reason at any time.
Online conduct
If you distribute content or add comments, you grant LOTUS Microsystems the right to edit, copy, distribute, create derivative works from and publish such content in any form and medium LOTUS Microsystems chooses. You are solely responsible and liable for all your activities on the Site. Listed below are some, but not all, violations that may result in termination of your access to the Site:.Listed below are some, but not all, violations that may result in termination of your access to the Site:- Transmit, publish or facilitate distribution of content that is illegal, libelous, harmful, threatening, harassing, abusive, racially, ethnically or religiously offensive, vulgar, sexually explicit, obscene, defamatory or objectionable.- Harass, threaten, embarrass or interfere with another user in any unwanted way.- Publication or transmission of any materials in violation of the intellectual property or privacy rights of any third party.- Use vulgar or abusive language.- Pretend to be someone else. You are not allowed to impersonate another user, or any other individual.- Attempt to get another user’s password.- Publish any advertising or promotional material.- Upload a virus, spyware or other harmful or malicious software program.- Interrupt or attempt to interrupt proper operation of the Site.LOTUS Microsystems reserves the right to remove content at any time, including but not limited to any content that violates these standards. LOTUS Microsystems is not responsible for any objectionable material you may encounter while using the Site.
Indemnification
Neither LOTUS Microsystems nor those who helped us to create, produce, deliver and/or maintain the Site are responsible for any damages that may result from your use of the Site. This includes direct, incidental, consequential, indirect or punitive damages and attorneys’ fees arising from your access to, or use of, the Site. Therefore, you are entirely responsible for the consequences of your use of the Site. You agree to indemnify, defend and hold LOTUS Microsystems, its officers, affiliates and parent companies as well as its service providers, content providers, and licensors (together “Indemnified Parties”), harmless from and against any and all liabilities, claims and expenses, including any attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, the foregoing representations, warranties and covenants.
Every effort has been made to ensure the accuracy of the information provided by LOTUS Microsystems on the Site. However, because of the nature of the medium and the risks of interruption and disruption, liability is excluded as set out above.
Service-related information
You agree that upon completion of registration or in association with the use of certain services you may receive information related to LOTUS Microsystems, the specific service utilised, or other LOTUS Microsystems products or services. Such information may be delivered by e-mail, SMS and/or by other means using your registered information. As applicable, you will be responsible for any charges or fees incurred under your wireless service plan associated with your receipt of communications related to a utilized service or which are otherwise authorised. With respect to information unrelated to the service, you will be offered the opportunity to discontinue receipt. For more information concerning LOTUS Microsystems’s collection and use of personal information please review the terms of LOTUS Microsystems’s Privacy Policy.
You agree that you will get service related information by e-mail, SMS and/or by any means using your registered information.
Disclaimer of warranties and damages
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THE SITE, LOTUS Microsystems MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE; OR (3) THAT YOUR USE OR ENJOYMENT OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO LOTUS Microsystems’S NEGLIGENCE, SHALL LOTUS Microsystems BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THE SITE, EVEN IF LOTUS Microsystems OR AN AUTHORISED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LOTUS Microsystems’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED EUR 2000.
General provisions
These Terms of Use and any additional terms posted on the Site together constitute the entire agreement between LOTUS Microsystems and you with respect to your use of the Site. The failure of LOTUS Microsystems to require performance of any provision hereof shall not affect LOTUS Microsystems’s full right to require such performance at any time thereafter; nor shall the waiver by LOTUS Microsystems of a breach of any provision hereof be taken or held to be a waiver of the provision itself. To be effective, any waiver by LOTUS Microsystems must be in writing. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction deems any provision of these Terms of Use invalid, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of these terms and conditions shall continue in full force and effect. These Terms of Use shall be governed by and construed in accordance with the laws of Denmark, without reference to its conflicts of law rules.
