Effective date: May 25, 2019
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
Short version: To keep LottaTools running, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
While using LottaTools, you agree that you will not under any circumstances:
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without LottaTools's express written permission.
You may not scrape LottaTools for spamming purposes, including for the purposes of selling LottaTools users' personal information, such as to recruiters, headhunters, and job boards.
Misuse of LottaTools Users' Personal Information is prohibited.
Any person, entity, or service collecting data from LottaTools must comply with the LottaTools Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the LottaTools Privacy Statement). If you collect any LottaTools User's Personal Information from LottaTools, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from LottaTools, and you will respond promptly to complaints, removal requests, and "do not contact" requests from LottaTools or LottaTools Users.
If we determine your bandwidth usage to be significantly excessive in relation to other LottaTools customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
LottaTools and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © LottaTools All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from LottaTools.
Short version: We use email to stay in touch with our users.
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or LottaTools Support's messaging system will not constitute legal notice to LottaTools or any of its officers, employees, agents or representatives in any situation where notice to LottaTools is required by contract or any law or regulation. Legal notice to LottaTools must be in writing.
LottaTools only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
LottaTools provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
LottaTools does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release LottaTools from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that LottaTools (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases LottaTools of all liability); and (3) provides to you all reasonable assistance, at your expense.
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and LottaTools and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and LottaTools agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Los Angeles, California.
LottaTools may assign or delegate these Terms of Service and/or the LottaTools Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of LottaTools to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
This Agreement may only be modified by a written amendment signed by an authorized representative of LottaTools, or by the posting by LottaTools of a revised version. These Terms of Service, together with the LottaTools Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and LottaTools relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact us.
Effective date: May 25, 2019
If you're just browsing the website, we collect the same basic information that most websites collect. We use common internet technologies, such as cookies and web server logs. This is stuff we collect from everybody, whether they have an account or not.
The information we collect about all visitors to our website includes the visitor’s browser type, language preference, referring site, additional websites requested, and the date and time of each visitor request. We also collect potentially personally-identifying information like Internet Protocol (IP) addresses.
We collect this information to better understand how our website visitors use LottaTools, and to monitor and protect the security of the website.
We do not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although LottaTools does not request or intentionally collect any sensitive personal information, we realize that you might store this kind of information in your account, such as in a design. If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers, which are in the United States.
We do not intentionally collect information that is stored in your designs or other free-form content inputs. Information in your designs belongs to you, and you are responsible for it, as well as for making sure that your content complies with our Terms of Service. LottaTools employees do not access private designs unless required to for security or maintenance, or for support reasons, with the consent of the design owner.
If your design is public, anyone (including us) may view its contents. If you have included private or sensitive information in your public design, such as email addresses, that information may be indexed by search engines or used by third parties. In addition, while we do not generally search for content in your designs, we may scan our servers for certain tokens or security signatures.
If you're a child under the age of 13, you may not have an account on LottaTools. LottaTools does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your account. We don't want to discourage you from learning to code, but those are the rules. Please see our Terms of Service for information about account termination.
We do not share, sell, rent, or trade User Personal Information with third parties for their commercial purposes.
We do not disclose User Personal Information outside LottaTools, except in the situations listed in this section or in the section below on Compelled Disclosure.
We do share certain aggregated, non-personally identifying information with others about how our users, collectively, use LottaTools.
We may share User Personal Information with your permission, so we can perform services you have requested.
We may share User Personal Information with a limited number of third-party vendors who process it on our behalf to provide or improve our service, and who have agreed to privacy restrictions similar to our own Privacy Statement. Our vendors perform services such as payment processing, customer support ticketing, network data transmission, and other similar services. When we transfer your data to our vendors under Privacy Shield, we remain responsible for it.
We may share User Personal Information if we are involved in a merger, sale, or acquisition. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we have made in our Privacy Statement or in our Terms of Service.
If your content is public-facing, third parties may access and use it in compliance with our Terms of Service. We do not sell that content; it is yours.
Projects on LottaTools may include publicly available Personal Information collected as part of the collaborative process. In the event that a LottaTools project contains publicly available Personal Information that does not belong to LottaTools users, we will only use that Personal Information for the limited purpose for which it was collected, and we will secure that Personal Information as we would secure any User Personal Information. If you have a complaint about any Personal Information on LottaTools, please see our section on resolving complaints.
LottaTools uses cookies to make interactions with our service easy and meaningful. We use cookies (and similar technologies, like HTML5 localStorage) to keep you logged in, remember your preferences, and provide information for future development of LottaTools.
A cookie is a small piece of text that our web server stores on your computer or mobile device, which your browser sends to us when you return to our site. Cookies do not necessarily identify you if you are merely visiting LottaTools; however, a cookie may store a unique identifier for each logged in user. The cookies LottaTools sets are essential for the operation of the website, or are used for performance or functionality. By using our website, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept cookies, you will not be able to log in or use LottaTools’s services.
We use Google Analytics as a third party tracking service, but we don’t use it to track you individually or collect your User Personal Information. We use Google Analytics to collect information about how our website performs and how our users, in general, navigate through and use LottaTools. This helps us evaluate our users' use of LottaTools; compile statistical reports on activity; and improve our content and website performance.
Google Analytics gathers certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, time stamp, and similar data about your use of LottaTools. We do not link this information to any of your personal information such as your user name.
LottaTools will not, nor will we allow any third party to, use the Google Analytics tool to track our users individually; collect any User Personal Information other than IP address; or correlate your IP address with your identity. Google provides further information about its own privacy practices and offers a [browser add-on to opt out of Google Analytics tracking] (https://tools.google.com/dlpage/gaoptout).
Certain pages on our site may set other third party cookies. For example, we may embed content, such as videos, from another site that sets a cookie. While we try to minimize these third party cookies, we can’t always control what cookies this third party content sets.
"Do Not Track" is a privacy preference you can set in your browser if you do not want online services to collect and share certain kinds of information about your online activity from third party tracking services. We do not track your online browsing activity on other online services over time and we do not permit third-party services to track your activity on our site beyond our basic Google Analytics tracking, which you may opt out of here: https://tools.google.com/dlpage/gaoptout. Because we do not share this kind of data with third party services or permit this kind of third party data collection on LottaTools for any of our users, and we do not track our users on third-party websites ourselves, we do not need to respond differently to an individual browser's Do Not Track setting.
If you are interested in turning on your browser’s privacy and Do Not Track settings, the Do Not Track website has browser-specific instructions.
Please see our section on email communication to learn about our use of pixel tags in marketing emails.
LottaTools takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
If you have concerns about the way LottaTools is handling your User Personal Information, please let us know immediately. We want to help. You may contact us by email at support@lottatools.com with the subject line "Privacy Concerns." We will respond within 45 days at the latest.
LottaTools may disclose personally-identifying information or other information we collect about you to law enforcement in response to a valid subpoena, court order, warrant, or similar government order, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, or those of third parties or the public at large.
In complying with court orders and similar legal processes, LottaTools strives for transparency. When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.
We will use your email address to communicate with you, if you've said that's okay, and only for the reasons you’ve said that’s okay. You have a lot of control over how your email address is used and shared on and through LottaTools. You may manage your communication preferences in your user profile.
Depending on your email settings, LottaTools may occasionally send notification emails about new features, requests for feedback, important policy changes, or offer customer support. We also send marketing emails, but only with your consent. There's an unsubscribe link located at the bottom of each of the emails we send you.
Our emails might contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email more effective for you and to make sure we’re not sending you unwanted email. If you prefer not to receive pixel tags, please opt out of marketing emails.
Although most changes are likely to be minor, LottaTools may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website at least 30 days prior to the change taking effect by posting a notice on our home page or sending email to the email address specified in your LottaTools primary account. For changes to this Privacy Statement that do not affect your rights, we encourage visitors to check this page frequently.