- General Terms of Service and Guidelines
- LotusElan.net Services
- Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online resources, including various communication tools, online forums, personalized content and branded programming. Some Services are presently provided free of charge. LotusElan.net reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that LotusElan.net will not be liable to you or any third party for any modification or discontinuance of the Services.
- Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither LotusElan.net nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 6 below for full details.
- Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that LotusElan.net does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that LotusElan.net does not pre-screen User Content, and has no obligation to do so, but that LotusElan.net and its designtees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
- Third Party Sites; Advertisers. The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through LotusElan.net's third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. LotusElan.net does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. LotusElan.net does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services.
- General Rules
- Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.
- Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify LotusElan.net immediately and promptly change your password.
- Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
- Permitted Use of Content. The content included in the Services, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the "Content") is owned or licensed by LotusElan.net and/or its licensors. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of LotusElan.net.
- Limits on Use of the Services. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any LotusElan.net account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.
- Our Communities
- Community Conduct. By using and/or registering for the community boards, user pages, blogs (the "LotusElan.net Blogs") or other tools or applications for communicating, posting, or creating User Content (collectively the "User Tools"), you agree to use the User Tools only to post User Content that is proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using the User Tools, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Post any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have expressly received all necessary consents.
- Post files or content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Post surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another User of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other User from using and enjoying any public area of the Services.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
- User Tools. LotusElan.net and its affiliates reserve the right to terminate your access without refund to any or all of the User Tools at any time without notice for any reason whatsoever.
- Monitoring. LotusElan.net and its affiliates have no obligation to pre-screen or monitor the User Tools or the content Posted on or through any User Tools. However, LotusElan.net and its affiliates reserve the right at all times to edit or remove any content or communications, in whole or in part, in LotusElan.net 's or any of its affiliates' sole discretion and to disclose any information or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- Usage. Content or communications posted using the User Tools are generally public, not private, communications and others may read your communications without your knowledge or consent. You should not have any expectation of privacy relative to your communications through the User Tools. Always use caution when posting personal information especially when posting information that could personally identify you. Your posting of any User Content through the User Tools is done at your own risk. LotusElan.net is not responsible for its theft, copying or placement of that User Content on other media or networks. LotusElan.net and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, LotusElan.net and its affiliates specifically disclaim any liability with regard to the User Tools and the content therein and any actions resulting from your participation or the participation of others using the User Tools. Community managers and hosts are not authorized spokespersons of LotusElan.net or any of its affiliates, and their views do not necessarily reflect those of LotusElan.net and its affiliates. Community managers and hosts do, however, set standards on their own community areas. By posting User Content through the User Tools you grant LotusElan.net certain rights as described in Section 4A below.
- Rights You Grant to LotusElan.net.
- User Content. By submitting any User Content through or to the Services, including on any User Tools or User Pages, you hereby irrevocably grant to LotusElan.net, its affiliates and distributors, a worldwide, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, translate, publicly perform, publicly display, create derivative works from, transfer, transmit and distribute on the Services, in connection with promotion or elsewhere, such User Content (in whole or in part) and to incorporate the User Content into other works in any format or medium now known or later developed. Notwithstanding the foregoing, when you submit a FAQ, text guide, walkthrough or image, LotusElan.net may modify the format and display of such User Content, but not the content. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. With respect to User Content you Post for inclusion on publicly accessible areas of LotusElan.net, you grant LotusElan.net the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services or on any media. You agree that the foregoing grant of rights by you to LotusElan.net and its affiliates is provided without any the entitlement of payment of fees or consideration.
- Account Access. In order to ensure that LotusElan.net is able to provide high-quality services that are responsive to Users' needs, you agree that LotusElan.net representatives will have access to your account and records as reasonably needed to investigate complaints. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
- Children and Mature Content The Services are not directed to children under the age of 13. LotusElan.net will not knowingly collect personally identifiable information on or through the Services from anyone under 13. Please be aware that certain areas on the Services contain mature content and there may be posted specific age restrictions to access and view such areas. You may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children's use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children.
- Other Legal Stuff
- Disclaimer of Warranties. You expressly understand and agree that:
- Limitation of Liability.
- Indemnification. You agree to protect and fully compensate the LotusElan.net Parties from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the User Agreement by you or any other user of your account (whether or not authorized).
- Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide LotusElan.net's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Notices. LotusElan.net may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided LotusElan.net with your accurate email address.
- With respect to Content you submit or make available for inclusion on LotusElan.net and other LotusElan.net Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the LotusElan.net. This license exists only for as long as you elect to continue to include such Content on LotusElan.net and will terminate at the time you remove or LotusElan.net removes such Content from LotusElan.net.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on LotusElan.net and other LotusElan.net Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the LotusElan.net. This license exists only for as long as you elect to continue to include such Content on the LotusElan.net and will terminate at the time you remove or LotusElan.net removes such Content from the LotusElan.net.
- With respect to Content other than photos, graphics, audio or video you submit or make available for LotusElan.net and other LotusElan.net Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- The document may be used for informational purposes only
- The document may only be used for non-commercial purposes.
- Any copy of this document or portion thereof must include this copyright notice. Note that any product, process or technology described in the document may be the subject of other Intellectual Property rights reserved by another company or individual and are not licensed hereunder.
- Article will be listed as copyrighted by your magazine.
- Publication information will be listed with the article.
- Links will be provide from the article to the copyrighting magazine main site.
- Banners, if provided will be displayed with the articles.
- Changes, at your request, will be made to any of the articles from your magazine.
- No article that is available on your website will be published, but will be linked.
- No article that has been published within the last three years will be used.
LotusElan.net welcomes you. This User Agreement ("User Agreement") applies to web sites and interactive services owned or operated by Jeff Cocking which include, but are not limited to, LotusElan.net (individually the "Service"; together the "Services"). The User Agreement applies to each visitor to and user of the Services, including unregistered and registered users (individually "User" and collectively, "Users"). By visiting or using the Services you are agreeing to abide by the User Agreement.
LotusElan.net may change the User Agreement at any time and the changes will become effective 3 days after posting the revised User Agreement (the "Effective Date"). You can review the most current version of the User Agreement at any time at http://www.LotusElan.net.com/publish/legal_stuff.shtml. You are responsible for checking periodically for changes and your continued use of the LotusElan.net Services after the Effective Date indicates your acceptance of the new User Agreement.
Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the User Agreement. LotusElan.net may also offer certain Services that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.
For the benefit of the entire LotusElan.net community, and to comply with applicable laws, we have certain general rules, which LotusElan.net will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by LotusElan.net, you should carefully read and follow them.
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and LotusElan.net will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOTUSELAN.NET, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "LOTUSELAN.NET PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE LOTUSELAN.NET PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY LOTUSELAN.NET PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENT.
A SMALL NUMBER OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WITH NO HISTORY OF SUCH SYMPTOMS. CONSULT YOUR PHYSICIAN PRIOR TO USE OF THE SERVICES IF YOU HAVE HAD ANY OF THESE SYMPTOMS AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY IF YOU EXPERIENCE DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION OR INVOLUNTARY MOVEMENTS OR CONVULSIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE LOTUSELAN.NET PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the User Agreement, then this Disclaimer of Warranties will override it.
YOU AGREE THAT THE LOTUSELAN.NET PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE LOTUSELAN.NET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY LOTUSELAN.NET PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE LOTUSELAN.NET PARTIES SHALL IN NO EVENT EXCEED US$100.00.
Attention Copyright Notification
555 Republic Drive, 2nd Floor
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Updated on 2/20/2010
THE SITE ADMINISTRATOR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Most of the content in this site is compiled from other sources and has not been verified. Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. If you discover something you believe to be in error, please contact the site administrator and every reasonable attempt will be made to correct the information.
This web site is not affiliated in any way with Lotus Cars, Ltd. The representations expressed within this website are a compilation of the experiences and opinions of dozens of members of the Lotus community and do not necessarily reflect the opinions and viewpoints of the web site administrator or Lotus Cars, Ltd.
The information, ideas, and activities set forth in site should not be construed as being endorsed by the web site administrator.
IN NO EVENT WILL THE SITE ADMINISTRATOR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES WHATSOEVER FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INJURY OR LOSS OF LIFE, OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.
In short, if you damage your vehicle or endanger your life as a result of something you read here, it is your responsibility. Please use common sense.
Submitted Content on LotusElan.net and provided services
LotusElan.net does not claim ownership of Content you submit or make available for inclusion on the LotusElan.net. However, with respect to Content you submit or make available for inclusion on LotusElan.net, you grant LotusElan.net the following worldwide, royalty-free and non-exclusive license(s), as applicable:
Copyright © 1999 - 2010 by LotusElan.net and Jeff Cocking. All rights reserved. Any person is hereby authorized to view, copy, print, and distribute this document subject to the following conditions:
We reprint magazine articles as a service for the magazine holding the copyright and for our readers. We adhere to the following rules for all articles:
Most of the articles that are being reprinted are at least ten and up to 40 years old. We do this as a service since most magazines have no desire to republish older magazine articles. We have received permission to date from numerous magazines to date.
"Lotus", "Elan", and the Lotus logo are registered trademarks of Lotus Cars, Ltd. All other product names mentioned herein are the trademarks of their respective owners. In addition, images, logos, pictures or other material may be trademarks or registered trademarks of their respective owners and are protected by copyright laws in the USA and other countries. The owner of this site grants no right to copy or otherwise use these materials.
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