VŪ-MĒ TERMS OF SERVICE
Last Updated: These Terms of Service were last updated on July 6, 2016.
These Terms of Service ("Terms") of Lotus Research, Inc. ("Lotus" or "us" or "we")
govern your use of Vū-Mē, including any Vū-Mē mobile applications ("Apps") and
(collectively, the "Service"). By accessing or using the Services, you expressly accept all of the
provisions of these Terms and represent to us that you are legally competent to enter into and agree to these Terms.
If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other
legal entity, you represent and warrant that you are authorized to do so. If you do not accept these Terms, then you
are not authorized to use the Services.
These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND
(3) a release by you of all claims for damage against us that may arise out of your use of the Services.
- 1. YOUR ACCOUNT.
- 1.1 Creating an Account. In order to create an account ("Account")
and become a registered user of the Service, you must be at least 18 years of age. You are responsible for
providing us with and maintaining accurate contact information, including your email address, valid credit
card number, and phone number. You represent that any information you provide to us is true and accurate.
- 1.2 Account Activities. You are the sole authorized user of your Account, and are
responsible for maintaining the accuracy and confidentiality of your login information. You are solely and
fully responsible for all activities that occur under your Account. Should you suspect that any unauthorized
party may be using your Account or you suspect any other breach of security, you will cease all use and
contact us immediately by emailing firstname.lastname@example.org.
what information we collect from you, how we use and share it, and how we communicate with our users.
- 2. LICENSE and RESTRICTIONS; Ownership
- 2.1 License Grant. Subject to your compliance with these Terms, we hereby grant you a
personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to
access and use the Service and download and install the Apps solely on devices that you own or control, for
your personal use only, and subject to the limitations set forth below. These Terms are limited to the
intellectual property rights of Lotus and its licensors and do not include any rights to other intellectual
property. We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited
rights granted to you to access and use the Service comprise a limited license and do not constitute the sale
of any software program.
- 2.2 Use Restrictions.
- (a) You agree that: (i) you will not use the Service if you are not fully able and
legally competent to agree to these Terms; (ii) you will only use the Service in full compliance with all
applicable laws; (iii) you will not use the Service for sending or storing any material prohibited by the
Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (iv) you
will not use the Service to advertise, solicit or transmit commercial advertisements, unless otherwise
approved in advance in writing by Lotus; (v) you will not use the Service to cause nuisance, annoyance or
inconvenience; and (vi) you will keep secure and confidential your account password or any identification
we provide you which allows access to the Service.
- (b) Further, except as specifically permitted herein or approved in advance in writing
by Lotus, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber,
transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Service in any
unauthorized manner; (ii) use the Service in any service bureau arrangement; (iii) copy, reproduce, adapt,
create derivative works of, translate, localize, port or otherwise modify the Service or any part thereof
in any form or manner or by any means; (iv) harvest or scrape any content or data from the Service; (v)
remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained
or included in the Service; (vi) decompile, disassemble, reverse compile, reverse assemble, reverse
translate or otherwise reverse engineer any part of the Service or any part thereof (except as and only to
the extent any foregoing restriction is prohibited by applicable law); (vii) use any means to discover the
source code of any portion of the Service; (viii) otherwise circumvent any functionality that controls
access to or otherwise protects the Service; or (ix) permit any third party to engage in any of the
foregoing. Any attempt to do any of the foregoing is a violation of the rights of Lotus and its licensors.
If you breach these restrictions, you may be subject to prosecution and damages.
- 2.3 Ownership. The Service’s "look and feel" (e.g., text, graphics, images,
logos), proprietary content, information and other materials are protected under intellectual property,
copyright, trademark and other laws. You acknowledge and agree that Lotus and/or its licensors own all right,
title and interest in and to the Service (including without limitation any and all patent, copyright, trade
secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related
thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not
acquire any rights or licenses under any of Lotus’ (or its licensors’) patents, patent applications,
copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and
all: (i) suggestions for correction, change and modification to the Service and other feedback (including but
not limited to quotations of written or oral feedback), information and reports you provide to Lotus
(collectively "Feedback"); and all (ii) improvements, updates, modifications or enhancements,
whether made, created or developed by Lotus or otherwise relating to the Service (collectively, "Revisions"),
are and will remain the property of Lotus. You acknowledge and expressly agree that any contribution of
Feedback or Revisions does not and will not give or grant you any right, title or interest in the Service or
in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Lotus
and Lotus may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without
further notice or compensation to you and without retention by you of any proprietary or other right or claim.
You hereby assign to Lotus any and all right, title and interest (including, but not limited to, any patent,
copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual
property right) that you may have in and to any and all Feedback and Revisions. At Lotus’s request, you will
execute any document, registration or filing required to give effect to the foregoing assignment.
- 2.4 Notice of Infringement; Digital Millennium Copyright Act.
- (a) Anyone who believes that his or her work has been reproduced in the Services in a
manner which constitutes copyright infringement may submit a notification to Lotus’s copyright agent in
accordance with the Digital Millennium Copyright Act (the "DMCA"), by providing the following
information in writing: (i) identification of the copyrighted work that is claimed to be infringed; (ii)
identification of the allegedly infringing material that is requested to be removed, including a
description of where it is located on the Services; (iii) information for our copyright agent to contact
you, such as an address, telephone number, and, if available, e-mail address; (iv) a statement that you
have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright
owners, its agent or the law; (v) a statement that the information above is accurate, and under penalty of
perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright
owner; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of
the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of
an intellectual property right other than copyright, please specify the intellectual property right at
issue (for example, "trademark") by notating this in your written notice. You acknowledge that
if you fail to comply with all of the requirements for a notice of infringement as specified above, your
DMCA notice may not be valid.
- (b) Notices of copyright infringement claims should be sent by email to: email@example.com. We will respond expeditiously to claims
of copyright infringement using the Service that are reported to our copyright agent in the notification
explained above. It is our policy, in appropriate circumstances and at its discretion, to disable or
terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of
- (c) If you believe that any of Your Content that was removed (or to which access was
disabled) after we received a notice of copyright infringement is not actually infringing, or that you
have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to
post and use such content, you may send a counter-notice containing the following information to our
copyright agent: (i) your physical or electronic signature (with your full legal name); (ii)
identification of the content that has been removed or to which access has been disabled and the location
at which the content appeared before it was removed or disabled; (iii) a statement that you have a good
faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or
a misidentification of the content; and (iv) your name, address, telephone number, and email address, and
a statement that you will accept service of process from the person who provided the original notification
of the alleged infringement.
- (d) If a counter-notice is received by our copyright agent, we may send a copy of the
counter-notice to the original complaining party informing that person that we may replace the removed
content or cease disabling it. Unless the original complaining party files an action seeking a court order
against the content provider, member or user, the removed content may be replaced, or access to it
restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the
complaining party to determine ownership. Be aware that there may be adverse legal consequences in your
country if you make a false or bad faith allegation by using this process.
- (e) Further information on the DMCA can be found in 17 U.S.C. 512 or on the United
States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
- 3. CONTENT.
- 3.1 Content Generally. All content that is posted, uploaded, published, submitted,
transmitted or otherwise made available through the Service ("Content") is the sole responsibility
of the person who originated such Content. We may, but are not required to monitor or control the Content
posted via the Service and we take no responsibility for such Content. Any use or reliance on any Content or
materials posted via the Service or obtained by you through the Service is at your own risk. We do not
endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any
Content or communications posted via the Service or endorse any opinions expressed via the Service. You
understand that by using the Service, you may be exposed to Content that might be offensive, harmful,
inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will Lotus be liable in any way for any Content, including, but not limited
to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast
- 3.2 User Content. You are responsible for your use of Services, for Content you originate ("Your
Content") and for any consequences thereof. Your Content will be able to be viewed by other users and
through third party services and websites. As a condition of your use of the Service, you hereby grant to
Lotus a nonexclusive, perpetual, irrevocable, royalty-free, fully paid, worldwide, transferable,
sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and
create derivative work from Your Content. By posting or submitting Your Content through the Service, you
represent and warrant: (i) that you own or otherwise control all of the rights to Your Content, including
without limitation, all copyrights; (ii) that Your Content is accurate; and (iii) that use of Your Content
no responsibility and assume no liability for any content or materials submitted or posted through the
Services by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN
OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS
OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICE.
- 3.3 Prohibited Content. Lotus strives to maintain an open, safe and healthy platform for
sharing content, and you agree to abide by the following rules regarding Content this is not permitted on the
- (a) Pornographic or Sexual Content: Content that contains explicit nudity, pornography
or other sexual content is not permitted on the Service.
- (b) Violent or Graphic Content: Content that is violent, gory, or that is primarily
intended to be shocking, sensational, or disturbing, including, without limitation, depictions of child
abuse, animal abuse or bodily harm.
- (c) Hateful or Threatening Content: Content that incites or promotes violence or hatred
against individuals or groups based on race, ethnicity, religion, disability, sex, age, nationality, or
veteran status, or whose primary purpose is inciting hatred on the basis of such attributes.
- (d) Private Information: Content that includes another person’s personally identifiable
or confidential information, such as email addresses, phone numbers, social security numbers, banking
information, or intimate photos or videos.
- 4. THIRD PARTY TERMS AND PROVIDERS.
- 4.1 Apple App Store Terms. The following terms and conditions apply to you only if you are
using the App from the Apple App Store. To the extent the other terms and conditions of the Terms are less
restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive
or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple
App Store. You acknowledge and agree that these Terms are solely between you and Lotus, not Apple, and that
Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store
services with respect to the App. In the event of any failure of the App to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the
maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with
respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be solely governed by these Terms. You and Lotus acknowledge that
Apple is not responsible for addressing any claims of you or any third party relating to the App or your
possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim
that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation. You and Lotus acknowledge that, in the event of any third
party claim that the App or your possession and use of that App infringes that third party’s intellectual
property rights, Lotus, not Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the extent required by these Terms. You must
comply with applicable third party terms of agreement when using the App. You and Lotus acknowledge and agree
that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your
license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed
to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
- 4.2 Mobile Software from Google Play Store. If you acquire the App from Google, Inc. or one
of its affiliates ("Google") via Google Play or its successor(s), then to the extent of any conflict
between the Google Terms and the Google Play Business and Program Policies or such other terms which Google
designates as default end user license terms for Google Play (all of which together are referred to as the
"Google Play Terms"), and the other terms and conditions in these Agreements, the Google Play Terms
shall apply with respect to your use of any App that you acquire from Google Play. Lotus and you hereby
acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance
by Lotus or you (or any other user) under these Terms or the Google Play Terms.
- 5. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY.
- 5.1 Warranty Disclaimer. THE SERVICE AND ANY CONTENT IS PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LOTUS HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. LOTUS DOES NOT
WARRANT THAT: (I) THE SERVICE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE SERVICE WILL
BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (III) THE SERVICE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER
APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (IV) DEFECTS IN THE SERVICE CAN OR WILL BE CORRECTED.
FURTHER, LOTUS DOES NOT WARRANT (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR
RELIABILITY OF THE SERVICE OR ANY CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM
THAT RESULTS FROM YOUR ACCESS TO OR USE OF SERVICE, OR ANY CONTENT; (III) THE DELETION OF, OR THE FAILURE TO
STORE OR TO TRANSMIT, ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY LOTUS; OR (IV) THE QUALITY, SAFETY,
SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS OR SERVICES OBTAINED BY YOU FROM THIRD PARTIES
THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK
ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH
- 5.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
LOTUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO (I) THESE
TERMS; (II) THE USE OR INABILITY TO USE THE SERVICE; (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES; (IV) ANY CONTENT OBTAINED FROM THE SERVICE; OR (V) THE UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR
CONTENT; IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOTUS’S TOTAL
AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO LOTUS UNDER
THESE TERMS OF SERVICE IN THE SIX MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY; OR (II) FIFTY
DOLLARS ($50.00). THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT LOTUS HAS BEEN
INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED
OF ITS ESSENTIAL PURPOSE. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT
TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE
OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
- 5.3 Indemnity. By agreeing to these Terms and using the Service, you agree that you shall
defend, indemnify and hold Lotus, its licensors and their respective parent organizations, subsidiaries,
affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and
all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out
of or in connection with: (i) your use of access to the Service; (ii) your violation or breach of any term of
these Terms or any applicable law or regulation; (iii) your violation of any rights of any third party; (iv)
any claim that Your Content caused damage to a third party; or (v) your negligence or willful misconduct.
- 6. ARBITRATION AND CLASS ACTION WAIVER.
- 6.1 Binding Arbitration. Any dispute or claim arising in any way from your use of the
Service, except for disputes relating to the infringement of our intellectual property rights or the access or
use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court,
but you may assert claims in small claims court if your claims qualify.
- 6.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and
relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the
terms of these Terms as a court would.
- 6.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single
arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the
AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution
of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
- 6.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice
of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and
relief requested. You must send your notice of legal dispute to us at the following address: 85 Broad Street, FL29-U21, New York, NY 10004. Lotus will send any notice of dispute to you at the contact information we
have for you.
- 6.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party
seeking relief, by telephone, online, or based solely on written submissions.
- 6.6 Fees. If you initiate arbitration, your arbitration fees will be limited to the filing
fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was
frivolous or brought for an improper purpose, Lotus will pay all other AAA and arbitrator’s fees and expenses.
- 6.7 Individual Basis. To the fullest extent permitted by applicable law, you and Lotus each
agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class,
consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration,
you and Lotus each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE
IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
- 6.8 Limitation Period. In no event shall any claim, action or proceeding by you or Lotus be
instituted more than one (1) year after the cause of action arose.
- 6.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of
Goods shall have no applicability.
- 6.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration
provisions invalid or inapplicable, you and Lotus each agree to the exclusive jurisdiction of the Federal and
State courts located in New York, NY, and you and Lotus each agree to submit to the exercise of personal
jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
- 6.11 Opting Out. If you do not want to arbitrate disputes with Lotus and you are an
individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within thirty (30) days of the first of
the date you access or use the Service.
- 7. GENERAL PROVISIONS.
- 7.1 Termination. If you breach any of the terms of these Terms, all licenses granted by us,
including permission to use the Service, will terminate automatically. Additionally, we may suspend, disable,
or delete your Account, the Service, or any part of the foregoing with or without notice, for any or no
reason. If we delete your Account for any suspected breach of these Terms by you, you are prohibited from
re-registering for the Service under a different name. All sections which by their nature should survive the
termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any
termination of this Agreement by Lotus or you. Termination will not limit any of our other rights or remedies
at law or in equity.
- 7.2 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury
to Lotus for which monetary damages would not be an adequate remedy and Lotus shall be entitled to equitable
relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of
- 7.3 Notices. We may give notice to you by means of a general notice on the Service,
electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be
deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class
mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice
shall be deemed given when received by us) at any time by sending an email to email@example.com. Please specify the reason for the email
in the subject line so it can be forwarded to the proper department.
- 7.4 Miscellaneous. These Terms may not be modified except by a writing executed by the
duly-authorized representatives of Lotus or pursuant to Section 6.5 of these Terms. No other act, document,
usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and
will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may
be assigned by Lotus but may not be assigned by you without the prior express written consent of Lotus. Any
attempt by you to assign these Terms without the written consent of Lotus shall be null and void. If any
provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision
hereof will be affected thereby and the remaining provisions will continue with the same effect as if such
unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either
party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.
It is expressly understood that in the event either party on any occasion fails to perform any term hereof and
the other party does not enforce that term, the failure to enforce on any occasion will not constitute a
waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms
will be deemed to constitute either party as the agent or representative of the other party or both parties as
joint venturers or partners for any purpose. In the event that either party is prevented from performing, or
is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control
of the party invoking this provision, the affected party’s performance will be extended for the period of
delay or inability to perform due to such occurrence. The headings and captions contained herein will not be
considered to be part of the Terms but are for convenience only. You and Lotus agree that the United Nations
Convention on Contracts for the International Sale of Goods will not apply to the interpretation or
construction of these Terms. The laws of the State of New York, excluding its conflicts of law rules, govern
these Terms and your use of the Service. Your use of the Service may also be subject to other local, state,
national, or international laws.
- 7.5 Modifications. We may occasionally update these Terms. When we do update these Terms,
we will also revise the "Last Updated" date at the top of these Terms. If we make changes to these
Terms that, in our discretion, we consider significant, we will post the updated Terms on the Service and we
may also send emails to our users who have created an Account containing a link to the revised Terms. If you
continue to use the Service after we post an update to these Terms, you indicate your acceptance of the
- 7.6 Contact Us. If you have any questions regarding these Terms, the Service please contact us at firstname.lastname@example.org.