Terms of Use Agreement

(last updated August 21, 2015)
If you wish to become a Member, you must read this Agreement and indicate your acceptance during the Registration process.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the myLot services. myLot refers to myLot, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees. By using the myLot services, you agree to be bound by this Agreement when you become a Member (which means that you have registered with myLot). You are only authorized to use the myLot services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the myLot website and discontinue use of the myLot services immediately.
This Agreement includes myLot's policy for acceptable use of the myLot services and content posted on the myLot website, your rights, obligations and restrictions regarding your use of the myLot services and myLot's Privacy Policy.
myLot has the right to modify this Agreement from time to time and any modifications shall be effective upon posting by myLot on the myLot website. You agree to be bound to any changes to this Agreement when you use the myLot services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post and the information that you provide to other members on myLot.com. Any information you post is publicly visible to the entire world. myLot prohibits any of the following items to be posted: telephone numbers, email addresses, street addresses, and any obscene, racist, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. If the information provided by myLot members contains inaccurate, inappropriate, offensive or sexually explicit material, products or services, myLot.com assumes no responsibility or liability for this material. If you become aware of any misuse of the myLot services by any person, please contact myLot by clicking on the "Report Abuse" link within myLot discussions.
myLot reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the myLot services at any time, for any or no reason, with or without prior notice, and without liability.
This Agreement shall remain in full force and effect while you use the myLot services. myLot may terminate your membership at any time, without warning. Even after your membership is terminated, this Agreement will remain in effect.
Registration
  • Eligibility Use of and membership in the myLot services is void where prohibited. By using the myLot services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the myLot services does not violate any applicable law or regulation; and (d) you are thirteen (13) years of age or older. Your myLot account may be deleted and your membership may be terminated without warning, if we believe that you have violated any of the Terms of Use Agreement.
  • Password When you sign up to become a myLot member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify myLot immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. If you have forgotten your password click here to reset it.
  • Privacy Use of the myLot services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
myLot Discussions
  • myLot Discussions. myLot Discussions provides a venue for myLot members to start and respond to discussions, questions, articles and more in a forum type setting. myLot has no control over the quality or legality of any content posted on myLot, and therefore is not responsible for the actions of any myLot member. myLot reserves the right to delete any discussion, response, comment, or photo that goes against any myLot guideline or term. We also reserve the right to delete any discussion, response, comment, or photo without notification to any myLot member.
  • Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
  • Disclaimers. myLot is not responsible for any incorrect or inaccurate content posted on the myLot website. Discussions created by members on the myLot website may contain links to other websites. myLot is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by myLot.
  • Member Disputes. You are solely responsible for your interactions with other myLot Members. myLot reserves the right, but has no obligation, to monitor disputes between you and other Members.
  • Mature Content myLot does not permit curse words, offensive or sexually explicit material. myLot makes no warranties, express or implied, that all mature content will be filtered.
  • Proprietary Rights in Content on myLot. myLot does not claim any ownership rights in the text, works of authorship, photos, or any other materials that you post to the myLot website. After posting to the myLot website, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By publishing ("posting") any content on or through the myLot website, you hereby grant to myLot an irrevocable infinite life limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through the myLot website and third party sites with whom myLot has distribution agreements. You may edit or delete your posted content at any time.
You represent and warrant that: (i) you own the content posted by you on or through the myLot services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the myLot services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through the myLot services.
Indemnity
  • You agree to indemnify and hold myLot, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the myLot services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the myLot Website causes myLot to be liable to another.
  • myLot reserves the right to delete any discussion, response or comment that in the judgment of myLot violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. myLot assumes no responsibility for monitoring the myLot services for inappropriate content or conduct. If at any time myLot chooses, in its sole discretion, to monitor the myLot services, myLot nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the member submitting any such content.
  • You are solely responsible for the content that you post on or through any of the myLot services, and any material or information that you transmit to other members and for your interactions with other members. myLot does not endorse and has no control over the content. Content is not reviewed by myLot prior to posting and does not necessarily reflect the opinions or policies of myLot. myLot makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
Prohibited Content
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the myLot services. myLot reserves the right to investigate and take appropriate legal action against anyone who, in myLot's sole discretion, violates this provision, including without limitation, removing the offending communication or photo from the myLot services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of myLot.com:
  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any telephone numbers, street addresses, or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, providing pirated music or links to pirated music files, or photos;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other members; and
    • myLot Earnings Program
    You agree to the following with respect to the myLot Earnings Program:
  • Any violation of these terms may result in the forfeiture of any and all accumulated myLot Earnings, at the sole discretion of myLot;
  • Only users with a valid Paypal account and residing in an eligible country per OFAC (see below) have the right to receive any accumulated myLot Earnings;
  • For clarity, any user who resides in a country where Paypal does not operate or whose country is on the OFAC list (see below) is no eligible to receive any accumulated myLot Earnings;
  • Any myLot account without activity for greater than 6 months, risks the forfeiture of any accumulated myLot Earnings, at the sole discretion of myLot;
  • myLot earnings tied to any discussion, response or comment that was deleted by a myLot moderator is subject to forfeiture;
  • An account will not be eligible for payout of accumulated myLot Earnings until those accumulated earnings exceed $5;
    • Due to regulations set forth by the Office of Foreign Assets Control (OFAC), an office of the US Treasury, myLot is not allowed to send money to certain countries. Users from all countries will still be able to participate in myLot discussions, however users from countries included on the OFAC list will not be able to earn money for their contributions. Click here for a list of countries where OFAC prohibits myLot from sending money. Entering false country information for the purpose of avoiding the OFAC list is grounds for immediate account termination with a loss of all accumulated earnings. myLot retains the right to refuse payment to any myLot user for any reason.
    Illegal Activity
    The following is a partial list of the kind of activity that is illegal or prohibited on the myLot website and through your use of the myLot Services. myLot reserves the right to investigate and take appropriate legal action against anyone who, in myLot's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming, conducting pyramid schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • attempting to impersonate another member or person;
  • using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • using any information obtained from the myLot services in order to harass, abuse, or harm another person;
  • selling or otherwise transferring your profile;
  • using the myLot services in a manner inconsistent with any and all applicable laws and regulations.
  • redirecting users away from your profile page via script or other automated means.
    • Legal Matters
    • Disputes. If there is any dispute about or involving the myLot services, you agree that the dispute shall be governed by the laws of the State of Kansas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts with jurisdiction over Overland Park, Kansas, USA. Either myLot or you may demand that any dispute between myLot and you about must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) with arbitration proceeding to take place in Overland Park, Kansas, USA, or other such place as determined by myLot, provided that the foregoing shall not prevent myLot.com from seeking injunctive relief in a court of competent jurisdiction.
    • U.S. Export Controls. Software available in connection with the myLot services is further subject to United States export controls. No Software may be downloaded from the myLot Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
    Liablity
    • Limitation on Liability. IN NO EVENT SHALL MYLOT.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYLOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYLOT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYLOT.COM FOR THE MYLOT SERVICES DURING THE TERM OF MEMBERSHIP.
    Warranty & Contracts
    • Warranty. myLot provides the service "as-is," "with all faults" and "as available." myLot does not guarantee the accuracy or timeliness of information available from the service. myLot gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. myLot excludes any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
    • Contract. All parts of this contract apply to the maximum extent permitted by law. A court may hold that myLot cannot enforce a part of this contract as written. If this happens, then you and myLot will replace that part with terms that most closely match the intent of the part that myLot cannot enforce. The rest of this contract will not change. This is the entire contract between you and myLot regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
      Other myLot Information
  • Messages from myLot. From time to time myLot will send registered users messages regarding myLot.com. By being a registered myLot member you agree to allow us to send messages updating you about our service or for any use we deem necessary for continued use of the site. You may cancel your account at any time to not receive these messages.
  • Other. This Agreement is accepted upon your use of the myLot website or any of the myLot services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and myLot regarding the use of the myLot services. The failure of myLot to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.