terms of use agreement

1. Term. 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. You may terminate your membership at any time and for any reason by clicking here. If you have accumulated any earnings at the time you cancel your membership these earnings will be forfeited. Upon cancellation, only your future access to the site and future communications are terminated. Any postings, photos, or information placed on your profile page made by you prior to your termination will continue to be shown on myLot in perpetuity.
2. 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 sixteen (16) 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. You will not be entitled to any accumulated earnings if your account is terminated for one of the reasons listed above.
3. Non-commercial Use by Members. The myLot services are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by myLot. Appropriate legal action will be taken for any illegal or unauthorized use of the myLot services. Posts deemed commercial in nature will be deleted.
4. 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 have it sent to you.
5. Privacy. Use of the myLot services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
6. 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.
7. 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. Please refer to our Copyright Policypage for more details.
8. Disclaimers. myLot is not responsible for any incorrect or inaccurate content posted on the myLot website. Posts 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. Please refer to our Disclaimer page for more details.
9. 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.
   1. myLot reserves the right to delete any discussion and adjust earnings for any discussion that in the judgment of myLot or any Member 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.
   2. 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.
10. Content Posted.
    1. myLot reserves the right to delete any discussion and adjust earnings for any discussion that in the judgment of myLot or any Member 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.
    2. b. 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.
11. Proprietary Rights in Content on myLot
    1. 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.
    2. 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.
12. Content/Activity Prohibited. 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:
    1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. harasses or advocates harassment of another person;
    3. exploits people in a sexual or violent manner;
    4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    6. provides any telephone numbers, street addresses, last names, or email addresses;
    7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. 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;
    9. 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;
    10. solicits passwords or personal identifying information for commercial or unlawful purposes from other members; and
    11. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
    
    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:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. attempting to impersonate another member or person;
    3. 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;
    4. using any information obtained from the myLot services in order to harass, abuse, or harm another person;
    5. selling or otherwise transferring your profile;
    6. using the myLot services in a manner inconsistent with any and all applicable laws and regulations.
    7. advertising to, or solicitation of, any member to buy or sell any products or services through the myLot services. It is also a violation of these rules to use any information obtained from the myLot services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent; or
    8. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the myLot services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
13. Mature Content. mymyLot does not prohibit mature content and some myLot discussions may contain content that is mature in nature. For those users who wish to filter out mature content myLot has created a mature content filter which can be turned on and off on your profile page. To access the profile page you must be signed into myLot. Then click here or on the edit link by your username at the top of any page. myLot makes no warranties, express or implied, that all mature content will be filtered.  
14. 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.
15. 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 of the Kansas City, Kansas located in the State of Kansas. Either myLot.com 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) in Kansas City, Kansas, USA, provided that the foregoing shall not prevent myLot.com from seeking injunctive relief in a court of competent jurisdiction.
16. Payment. myLot pays users monthly (on or around the 15th of the month) with minimum account balance of $10 US. myLot carries foward all unpaid and qualified earnings from previous months. All unpaid earnings become unqaulified when account has no activity in the past 3 months. This payment will be for activity from the previous calendar month. All payments will be in US dollars and made via PayPal or moneybookers depending on your country to residence. All users will be required to have a valid PayPal or moneybookers account, depending on your country of residence. You must use PayPal if it is available in your country. Entering false country information for the purpose of getting paid by other means is grounds for immediate account termination with a loss of all accumulated earnings. myLot is not responsible for any fees incurred in the payment process (i.e. currency translation fees, bank fees, credit card fees, PayPal fees, moneybookers fees, etc.)  Click here to find out if PayPal is available in your country. Click here to learn how to sign up for a moneybookers account. 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.
17. Taxes. Any earnings paid from myLot may be taxable to you and we are unable to provide tax advice or assistance. It is the responsibility of each member to adhere to and understand the appropriate tax laws for your country. If you have questions on how to report the earnings you have received from myLot, please consult with a tax specialist in your country.
18. 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.
19. 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.
20. 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, site, payments, or anything else we deem necessary for continued use of the site.
21. 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.
22. 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.

Please contact us at: myLot with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.