TERMS AND CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU ÒCUSTOMERÓ AND LOTUSFLOW3R, LLC (Ò LOTUSFLOW3RÓ) STATING THE TERMS THAT GOVERN CUSTOMER USE OF Lotusflow3r MEMBERSHIPS AND PRODUCTS. THIS AGREEMENT, ALONG WITH ANY UPDATES, CONSTITUTES THE "AGREEMENT" BETWEEN YOU AND LOTUSFLOW3R.
Including:
1 Ð Terms of Sale
2 Ð Terms of
Service
3 Ð Rules of Use
1 - TERMS OF SALE
1.1 - SALES TO END USERS ONLY
Lotusflow3r sells annual website memberships (ÒMembershipsÓ) and products ("Products") to end-user customers only.
1.2 - REFUND POLICY
All sales are final.
1.3 - PAYMENT METHODS
Lotusflow3r accepts credit cards payment only (Visa, MasterCard, American Express, and Discover). Billing to your credit card occurs at the time of purchase or shortly thereafter. Your order will bill as a single transaction.
1.4 - LOTUSFLOW3ER.COM MEMBERSHIPS
Lotusflow3r memberships are valid for one calendar year from date of purchase, and are non-refundable. Membership includes access to restricted areas of Lotusflow3r, access to pre-sale concert tickets, and the ability to download music and videos from Lotusflow3r. Membership does not include the download rights to certain ÒPremiumÓ material, which is available to purchase on a per-item basis.
Automatic renewal is available for Lotusflow3r memberships. If automatic renewal is selected at purchase your credit card will be billed on an annual basis, unless you cancel automatic renewal prior to the renewal date by emailing sales@Lotusflow3r.
1.5 - PRICING
Lotusflow3r reserves the right to change prices for Membership and Products at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
1.6 - CONTENT USAGE RULES
Customer use of both Membership and Products from Lotusflow3r is dependent upon prior acceptance of the Terms of Service.
1.7 - OTHER TERMS AND CONDITIONS
Lotusflow3r reserves the right to change the terms and conditions of sale at the Lotusflow3r website at any time.
Sales of both Memberships and Products at Lotusflow3r are governed by California law.
2 - TERMS OF SERVICE
.
2.1 Ð DEFINITIONS
Lotusflow3r sells both annual website memberships (ÒMembershipsÓ) and individual products ("Products") for personal, non-commercial use by customers (ÒCustomersÓ).
2.2 Ð AGE REQUIREMENTS
Lotusflow3r sells Memberships and Products to those aged 14 and over. Those aged under 14 and wishing to purchase either Memberships or Products must be signed up by a parent or legal guardian who is 14 and over. The parent or guardian must review these terms and conditions and must take responsibility for the actions of the under 14-year-old whilst they using Products or Memberships.
2.3 Ð OBJECTIONABLE MATERIAL
Customers hereby acknowledge that Products and memberships purchased on Lotusflow3r may include content that might be judged as offensive, objectionable, or containing explicit language. Lotusflow3r accepts no liability for content that Customers may judge to be offensive, indecent, or objectionable.
2.4 Ð HEALTH RISKS
Lotusflow3r accepts no liability for any health risks that may be exacerbated by use of the Products and Memberships that it makes available.
2.5 Ð SYSTEM REQUIREMENTS
Certain system requirements may be needed for Customers to gain full enjoyment from the Products and Memberships sold by . Customers will require a broadband Internet connection and Flash 9. Customers must acknowledge and agree that such system requirements are met, and no refunds will be given by Lotusflow3r to customers who failed to ensure that system requirements were met before purchasing Products or Membership. Lotusflow3r reserves the right to change system requirements at any time.
2.6 Ð PERSONAL INFORMATION
Customers agree to provide accurate, current, and complete information as required for either Memberships or the purchase of individual Products. Customers must agree to maintain and update Membership registration data as required to keep it accurate, current, and complete. Lotusflow3r reserves the right to terminate Memberships (without refund) and block further sales to Customers who provide false, inaccurate or incomplete data.
Customers must agree that Lotusflow3r may store and use any personal data provided for use in maintaining your accounts and billing fees to your credit card. Please refer to the Privacy Policy regarding further use of personal information.
2.7 Ð USER ACCOUNTS
As a registered Customer of Lotusflow3r, Customers may receive or establish an account ("Account"). Customers are solely responsible for maintaining the confidentiality and security of their Account. Customers should not reveal their Account information to anyone else, nor should they use Accounts other than their own. Customers agree to immediately notify Lotusflow3r of any unauthorized use of their Account. Lousflow3r.com accepts no responsibility for any losses arising out of the unauthorized use of Accounts.
2.8 Ð SECURITY
Customers hereby acknowledge that Memberships and Products purchased through Lotusflow3r include a security framework using technology that protects digital information and limits usage of Memberships and Products to certain usage rules ("Rules of Use") established by Lotusflow3r and detailed below. Customers hereby agree to comply with the Rules of Use, and hereby agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to these Rules of Use. Violations of system or network security by Customers may result in civil or criminal liability.
Lotusflow3r reserves the right to enforce the Rules of Use with, or without, notice to Customers.
2.9 Ð USE OF DOWNLOADED MATERIAL
Downloaded material (ÒFilesÓ), whether purchased as individual Products or as part of a Membership, are for personal, non-commercial use only. Customers agree not to copy or share Files with other individuals. The commercial use, copying or sharing of files by customers may result in the cancellation of membership (without refund), and Lotusflow3r reserves the right to inform law enforcement agencies of suspected misuse of Files by customers.
Files may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a File is purchased and received by the Customer, it is their responsibility not to lose, destroy, or damage the File, and Lotusflow3r accepts no liability for such loss, destruction, or damage.
Customers agree to download Files only to machines that they own, or of which they are the primary user of and have permission to download Files to from the owner of the machine. Lotusflow3r accepts no responsibility for the loss of files, or the loss of earnings, arising from Customers downloading Files to machines that they do not own.
Nothing contained in these Terms and Conditions shall limit the rights and remedies available to lotusflow3r in the event of a violation of this paragraph by a Customer.
Customers hereby agree to use Products, Memberships and Files in compliance with the applicable Rules of Use.
3 - RULES OF USE
3.1 - Customers may only use Products, Memberships and Files from Lotusflow3r after having agreed to comply with the following Rules of Use.
3.2 - Customers are authorized to use Products, Memberships and Files only for personal, noncommercial use.
3.3 - Customers shall be authorized to burn purchased audio tracks once, for personal use only.
3.4 - Customers are not entitled to burn video Files.
3.5 - Any burning or exporting capabilities are solely an accommodation to the Customer and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product or Membership.
3.6 - Customers agree not to attempt to, or encourage, or assist any other person to, circumvent or modify any security technology or software that is part of Lotusflow3r.
3.7 - The delivery of Products, Memberships and Files does not transfer any commercial or promotional use rights to the Customer.
3.8 - Customers agree to pay for all Products and Memberships, and are responsible for providing valid credit card details. If you want to designate a different credit card, you hereby change your credit card information online at the Account Info section of Lotusflow3r. (There may be a temporary disruption of your Membership access until Lotusflow3r can verify the validity of the new credit card.
Prices and availability of Products and Memberships are subject to change at any time.
Customer use of Lotusflow3r includes the ability to enter into agreements and/or to make transactions electronically. Customers hereby acknowledge that electronic submissions constitute an agreement and intent to be bound by all agreements and to pay for all transactions, including notices of cancellation, policies and contracts. In order to access and retain electronic records, customers may be required to have certain hardware and software, which are your sole responsibility.
3.9 - On occasion, technical problems or file sizes may delay or prevent delivery of Files. Lotusflow3r will replace files when notified of a problem by the customer, within the period of two weeks from notification.
3.10 - Customers agree that ownership of all Products, Files, audio clips, video clips, editorial content, graphic design etc. found on Lotusflow3r remains the property of either Prince or Lotusflow3r, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Customers agree not to use such proprietary information or materials in any way whatsoever except in compliance with the terms of this Agreement. Customers agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based Products or other materials (including copy and graphics) found on Lotusflow3r. Infringement on the intellectual property rights of others may subject customers to civil and criminal penalties, including possible monetary damages for copyright infringement[1].
3.11 - Lotusflow3r reserves the right to modify, suspend, or discontinue Products or Memberships at any time with or without notice to you. Lotusflow3r will not be liable to you or to any third party should it exercise such rights.
3.12 - Customers hereby agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to their use of the Service. Customers hereby also agree that Lotusflow3r has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
3.13 - Lotusflow3r does not guarantee that use of Lotusflow3r, Memberships and/or Products will be error-free or uninterrupted. Lotusflow3r may remove all or part of the website or Products without notice to customers.
Customers agree that their use of (or inability to use) Memberships and Products is at their own risk. In no case shall Lotusflow3r or any of its employees be liable for any direct or indirect damages arising, in any way, from any Customers use of Lotusflow3r Memberships or Products. Lotusflow3r shall make reasonable efforts to protect information submitted by customers, but customers hereby acknowledge that submission of information remains at their sole risk.
Lotusflow3r does not guarantee that Products and Memberships will be free from viruses, interference, hacking, loss or corruption.
3.14 - Customers agree to indemnify and hold Lotusflow3r, its directors and employees harmless with respect to claims arising out of breach of this agreement. Customers may not sue or recover damages from Lotusflow3r, its directors and employees as a result of any decision any of the above should make to remove or refuse access to Customers, or to take any other action during the investigation of a suspected violation.
3.15 - Lotusflow3r reserves the right, at any time, to update, revise, supplement, and otherwise modify this Agreement, and to impose new or additional rules, policies, terms, or conditions, which will be effective immediately. All Additional Terms are hereby incorporated into this Agreement by this reference. These changes may be without notice, so, Customers should review these Terms and Conditions periodically.
3.16 - The laws of the State of California, excluding its conflicts of law rules, govern these Terms and Conditions. Customers hereby agree that exclusive jurisdiction for any claim or dispute with Lotusflow3r resides in the courts of the State of California.
These Terms of Service constitute the entire agreement between the Customer and Lotusflow3r, and govern your use of the website, Membership and Products, superseding any prior agreements between you and Lotusflow3r and any of its directors or employees. Lotusflow3r's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Lotusflow3r will not be responsible for failures to fulfill any obligations due to causes beyond its control.
In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.