Terms and Conditions

Lotus.fm Terms of Use

Thank you for visiting and using https://www.lotus.fm/ (the “Site”) The contents of the site are subject to the following terms and conditions. By using the Site as a visitor, potential visitors, or registered member or by clicking the “I agree” checkbox (required for registration), you accept and agree to be legally bound by the Terms of Use herein. If any of the Terms of Use herein are unacceptable to you, please do not use the Site.

 

The Site is operated by Lotus.fm, a limited liability company whose purpose is to help artists better monetize their work. Lotus.fm is a platform for musicians and anyone else who has worked to build an authentic, grassroots following.

 

Site used in these Terms of Use, the terms “we,” “us” and “our” refer to Lotus.fm LLC.

 

1. Changes May Be Made to These Terms of Use Without Notice. Any and all changes are legally binding. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

 

1. Restrictions and Permissions Relating to Use of the Site. You may only make commercial uses of the Site and the Content related to Marketplace listings and content, You may not publish, distribute, retransmit, display, sell, claim as your own or as available to third parties, and any related scenarios involving providing Content to others. In no event may you alter or modify our Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content.

1. Intellectual Property and Proprietary Information Protection of Site Identity, Processes and Platforms. Any site identity indicia, processes or platforms including but not limited to brand names, logos, and slogans or booking and ticketing systems are to remain our property and not to be used without our explicit written permission.

 

1. No Violation of Law or Violation of Third Party Rights. All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

 

1. Rules of User Accounts and Potential User Account Termination. At the time of registration and during use of an account with the Site (at any state of your relationship with Lotus.fm LLC), you agree to provide complete and accurate information both in creating and updating your account. Further, as the User, You are solely responsible for the activity that occurs on your account. Specifically, you must watch to make sure that your account is safe and secure (ie. do not give out your password to third parties, notify immediately of any unauthorized use or suspicious activity). We reserve the right to terminate your account for what We deem to be either inappropriate behavior relating to violation of these terms, third party access to your account, or inability to timely report security breaches to Our team, or if payments have not be made after three email notices have been sent.

 

1. Rules of Conduct for User Content, Online Discussions, and Related. As a registered User with a User Account, You may participate in online and social media discussions, submit or post comments, share project or profile information, with sponsors or potential sponsors (“User Content”). User must follow Facebook Terms of Service and/or any other social media platforms’ terms of service. The Site is not responsible for any of these platforms’ decisions based on violative use. You are solely responsible for the User Content you post or submit and for any and all consequences related to posting or submitting it. As such, You agree to not submit or post any content that: a. Infringes on another’s privacy and/or intellectual property rights. b. Harrasses, threatens, or defames. c. Violates a term herein, a policy, regulation, or law. d. is intentionally false or misleading, e. Is harmful, dangerous, abusive, or offensive, f. Is obscene or contains pornography, g. Interferes with the operation of any system, unlawfully intercepts any data or personal information, or is a virus or malware type item. h. Contains or consists of advertising or any form of commercial solicitation or activity. i. Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site.

 

1. No Obligation to Monitor But Right to Remove. We reserve the right to remove any User Content that we believe violates the above standards or any other Terms of Use provision. And as necessary, terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us.

 

1. No Approval or Endorsement of User Content. We do not approve or endorse any User Content. You acknowledge and agree that we will have no responsibility, liability, or incurring of damages in connection with your use of any User Content.

 

1. Disclaimer of warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

 

1. Limitations of liability and remedies. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

1. Indemnity. You agree to indemnify and hold harmless Lotus.fm LLC and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

 

1. Links to other sites. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

 

1. No Grant of Permission to Trademark and No Grant of License. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of Lotus.fm LLC, or any of our corollary companies or projects or brands for any purpose except with our prior written approval and in accordance with any restrictions required by us. Parties are welcome to send a written request seeking approval for use and/or propose an offer for mutually beneficial licensing agreement terms to https://www.lotus.fm/contact/

 

1. Copyright Complaints Involving Potential Infringement Need to Be Communicated and Reported. (Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3)). If you believe your copyrighted information has been infringed upon on the Site, please review the act cited above, and then direct related communications to https://www.lotus.fm/contact/

 

1. You agree to attempt to promptly resolve any dispute or controversy arising out of or relating to the Terms of Use by communication and if needed, negotiation. However, should there be no resolve, You agree to mediate with Lotus.fm LLC and a third-party neutral mediator. In which case, both parties agree to put forth best efforts to respect the mediation process. Further, parties acknowledge that mediation as set forth herein is a contractually required step prior to the filing of any claim or action against the other party in a court of law.

 

1. Applicable law and jurisdiction; access from outside Oregon. The Site is controlled and operated from our facilities in and around Portland, Oregon. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of Oregon, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Multnomah County, Oregon. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our website from locations other than Oregon, you will be responsible for compliance with all local laws of those other locations.

 

1. You will not create, use, share and/or publish by any means (forum, public profile or other means) within the framework of the Services any material (text, words, images, sounds, videos, etc.) or content which, in Our estimation, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;

 

1. Age for Use of Site. With these Terms of Use, you affirm that you are 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the Site and to enter into and comply with these Terms of Use.

 

1. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
2. Enforceability and Severability.  If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.

 

Last Update: 5/1/2019