TERMS AND CONDITIONS
Effective: September 8, 2015
WELCOME TO BLUELOTUSCHAI.COM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website is provided for your information and entertainment, and we hope you enjoy using it. By using this website you agree to be bound by these terms and conditions as these terms and conditions may be changed from time to time (“Terms and Conditions”). Please browse the website and make use of its features, but be aware that your use of this website is subject to the following Terms and Conditions. If you do not agree to these Terms and Condition, please do not use this website. Your continued use of this website reaffirms your agreement to strictly abide by the Terms and Conditions.
1. Ownership and Operation of Website. This website belongs to the Blue Lotus Chai Company, LLC “Blue Lotus Chai Company”, an Oregon Limited Liability Company located in Eugene, Oregon. Blue Lotus Chai Company may, in its sole discretion and at any time and without notice, modify or discontinue this website or specific portions of it. Except where otherwise noted, this website and its contents are Copyright © 2011-2016 Blue Lotus Chai Company. All rights reserved. The website and its contents, such as software, graphics, logos, text, button icons, images, and audio clips, as well as the compilation of all content on this website, is the property of Blue Lotus Chai Company and is protected by copyright and other intellectual property laws. All software used on this site is the property of Blue Lotus Chai Company or its software suppliers and is protected by copyright and other intellectual property laws.
2. Personal Use of Website. Blue Lotus Chai Company owns the copyright for all materials appearing on this website or has a valid right from a third party to use materials on this website. Blue Lotus Chai Company also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non- commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Blue Lotus Chai Company’s copyright and other proprietary rights. The use of any such material on any other website or computer network without Blue Lotus Chai Company’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by, is strictly prohibited.
3. Submissions to the Website. All comments, testimonials, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials that you share and submit to Blue Lotus Chai Company through this website (“Submissions”) shall be considered “NOT CONFIDENTIAL” and you grant Blue Lotus Chai Company an unrestricted irrevocable license to use, reproduce, disclose, exhibit, display, perform, modify transmit, transform, create derivative works and distribute to others without limitation any Submissions you share and send to Blue Lotus Chai Company for any purpose. You agree you are and shall remain solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree and represent that your Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
You agree that your Submissions will become and remain the exclusive property of Blue Lotus Chai Company, including any future rights associated with the Submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge Blue Lotus Chai Company unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Blue Lotus Chai Company has no obligation to keep your Submissions confidential.
4. Downloaded Software. If you download software from this website, the software and all files, images and data relating to the software will be licensed to you by Blue Lotus Chai Company. You do not own the downloaded software, and Blue Lotus Chai Company does not transfer ownership of the software to you. Blue Lotus Chai Company retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise use software in violation of these Terms and Conditions. Software that is downloaded from this website is subject to United States export control laws. If you download software from this website, you represent and warrant to Blue Lotus Chai Company that you are not acting in violation of those laws.
5. Geographic Website Use. Blue Lotus Chai Company controls and operates this website from the state of Oregon. Therefore, this website is intended to promote only those Blue Lotus Chai Company products that are sold by Blue Lotus Chai Company in the United States and its territories. Blue Lotus Chai Company makes no representation that materials in this website or the products described in this website are appropriate or available for use in other locations. If you access this website from outside the United States, be advised this website may contain references to products and services that are not available or are prohibited in your country.
6. Disclaimer of Warranty for Website Materials and Operations. The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided to you: “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Blue Lotus Chai Company MAKES NO WARRANTY REGARDING THE OPERATION OF THIS WEBSITE OR ANY INFORMATION OR OTHER CONTENT ON IT, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE. Blue Lotus Chai Company EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THIS WEBSITE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Blue Lotus Chai Company does not guarantee and makes no warranty that the features and functions contained in the Website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Blue Lotus Chai Company is aware of them. You (and not Blue Lotus Chai Company) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting or using this website.
7. Limitation of Liability. Under no circumstances shall Blue Lotus Chai Company be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this website or information available in this website.
Blue Lotus Chai Company shall not be liable even if Blue Lotus Chai Company or a Blue Lotus Chai Company authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, or other harmful component. IN NO EVENT SHALL Blue Lotus Chai Company’s TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
8. Content of Submissions and Postings. Blue Lotus Chai Company may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, Blue Lotus Chai Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Blue Lotus Chai Company will fully cooperate with any law enforcement authorities or court order requesting or directing Blue Lotus Chai Company to disclose the identity of anyone posting any such information or materials. Blue Lotus Chai Company may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Blue Lotus Chai Company, its customers or the public.
9. Applicable Law and Jurisdiction. These Terms and Conditions and any disputes arising under or related to these Terms and Condition (whether for breach of contract, tortious conduct or otherwise) will be governed Oregon State law, without reference to conflicts of law principles. You agree that any legal actions, suits or proceedings arising out of these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the Oregon state courts or the United States Oregon District Court, and you hereby accept and submit to the personal jurisdiction of these Oregon courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
10. Severability and Entire Agreement. If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Blue Lotus Chai Company with respect to your access to and use of this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Blue Lotus Chai Company with respect to this website. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to your use of this website.
11. No Waiver. No failure on the part of Blue Lotus Chai Company to enforce any part of these Terms and Conditions shall constitute a waiver of any of Blue Lotus Chai Company rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by Blue Lotus Chai Company nor the reliance of any person on Blue Lotus Chai Company actions shall be deemed to constitute a waiver of any provision of the Terms and Conditions. Only a written waiver signed by an authorized representative of Blue Lotus Chai Company shall have the legal effect of waiving any provision contained in these Terms and Conditions.
12. Minors. This website is for a general audience that is not designed nor intended to collect personal information from children under the age of 18. Blue Lotus Chai Company does not knowingly collect personal information from anyone under the age of 18. We ask that parents supervise their children while online.
Last updated: May 25, 2018
Blue Lotus Chai Company LLC, Inc. (“BLC”) reaches out to social media users to seek their permission to feature our favorite content on our website, social channels, and various promotional materials. You are reading this because BLC has requested your permission to use your social media content in this way.
BLC engages a limited number of service providers to facilitate the collection and transmission to the BLC websites (www.bluelotuschai.com and others)(the “Site”), social media channels, promotional materials and other properties (“BLC Properties”) of User Content, including photos, text, graphics, audio, video, location information, comments and other materials from social media sites, for use by BLC in connection with its business, including BLC’s product feature, marketing, promotional, advertising and other consumer-related activities (the “BLC Services”).
USER CONTENT LICENSE
You hereby grant to BLC and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.
You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site and the BLC Properties.
You certify that you are at least 18 years of age.
INTELLECTUAL PROPERTY RIGHTS
The Site, BLC Services or BLC Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of BLC by authorizing use of your User Content or otherwise using or accessing the Site, the BLC Services or the BLC Properties.