Disclaimer & Privacy Policy
DISCLAIMER, TERMS OF USE & PRIVACY POLICY
Last Updated: January 1, 2022
Any user who accesses any part of this website agrees that such user is at least eighteen (18) years old and that such user has consented to the disclaimer and privacy policy of the Lotus Moments Photography. We reserve the right to change our disclaimer and/or privacy policy from time to time. Each time a user accesses this website, our disclaimer and privacy policy should be reviewed.
Scope of Material & Website Disclaimer
The materials on this website are provided for informational purposes only. The information provided by Lotus Moments Photography (“we,” “us” or “our”) on LotusMP.com or LMPsportspix.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
Copyrights, Trademarks, and Intellectual Property
All content and material posted on this Website are the intellectual property of the Firm, and therefore protected under the United States and international copyright laws. The Firm’s copyrights and trademarks are owned by the Firm and any use thereof is limited to those in possession of a license or express permission from the Firm; all rights reserved. All content and material posted shall not be used by a user or third party for any public or commercial purpose. Reproduction and duplication of copyrighted or trademarked material as it appears on this Website is expressly prohibited, except whereas expressly permitted via writing by the Firm
Disclaimer of Warranty
The services and platforms of the Website are provided "As-Is" and “As Available,” and the Firm expressly disclaims any warranties of fitness, accuracy, or making available the content at all times.
Disclaimer of Liability
The company, comprising of its photographers, owners, employees, agents, and representatives, shall not incur any liability whatsoever to you, any individual, group of individuals, or other third-party for any direct or indirect damages, including but not limited to: direct, indirect, punitive, compensatory, special, or incidental damages, arising out of or in connection with the use of this Website and/or any content and materials within.
Indemnity
You agree to indemnify and hold the company, comprising of its photographers, owners, employees, agents, and representatives, thereof harmless from any liability or claim made by any third party arising out of your use of the Website that breached any rules or provisions found within this Agreement.
Disputes Between User and Company
Any and all disputes about or involving the Firm in connection with the Website shall be governed by the laws of the State of New Jersey, without regard to conflict of law provisions. In addition, any dispute taken to litigation shall be the exclusive personal jurisdiction and venue of the United States Federal Courts, located in the State of New Jersey, for resolution of the dispute.
Privacy Policy
Lotus Moments Photography may receive and store information users enter on our website or provide us in any other way. We do not collect any personally identifiable information from a user accessing our website, such as a user's name or e-mail address unless a user provides us with such information. We do not distribute or otherwise disclose any personally identifiable information about users of the website to any person outside ofLotus Moments Photography, unless you request us to do so, or if we reasonably believe that we are required to do so by law. If in the future Lotus Moments Photography undergoes a corporate reorganization, we may transfer your personally identifiable information to the surviving entity.
Lotus Moments Photography may collect non-personally identifiable information about users of this website by sending “cookies” to its users’ browsers. A “cookie” primarily stores information such as the domain name from which users access the Internet, the date of a user’s visit, and the pages that are visited. This information enables us to determine the number of visitors to the pages of our website and how users access it. We reserve the right to use cookies, Internet protocol addresses, and other tracking technologies if needed to identify users when required to enforce compliance with these Terms of Use, to protect the website and the information contained on this site, our users or clients, or others, or as required by applicable law, regulation or court order.
We cannot guarantee the privacy of personal information you transmit over the internet or that may be collected by others in transit, or any security measures that we may use in protecting such information that we receive; nor can we guarantee the privacy of your personal information if you visit any third-party web sites, including those that may be hyperlinked from this website. If you wish to edit, revise or remove the personally identifiable information that you submitted to Lotus Moments Photography, please let us know by sending an email to dl@lotusmp.com.
External Links Disclaimer
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Testimonials Disclaimer
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio, and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials
Severability
Should any provision or part of this Terms of Use and Disclaimer be declared invalid by a court of competent jurisdiction, such action shall not invalidate the remaining provisions of this Terms of Use and Disclaimer, which shall remain in full force and effect.
If you have any questions regarding the Terms of Use or Disclaimer, please email dl@lotusmp.com.