Welcome to lemonadetv! We’re so happy that you want to join our community but while you are here we have some rules we ask you to follow.
1. Our Terms
The Terms are a legally binding contract between you and lemonadeTV. (We sometimes refer to lemonadetv as “lemonade.tv” or “we” or “us” or similar terms.)
This contract sets out your rights and responsibilities when you use lemonade.tv, our mobile app, and any other services provided by lemonadetv (collectively referred to as “Services”). By using any of our Services (even just browsing one of our websites), you are agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
We may change these Terms, our policies and terms of our Services from time to time. Changes take effect when they are posted. Except as otherwise provided, the Terms are subject to change at any time without notice and your continued use of the Services after any change(s) have been made constitutes acceptance by you of the updated Terms. If the change(s) are material we will let you know of the change(s) at least 30 days prior to the effective date by either posting the change(s) through the Services or by sending you an email or message about the change(s). You are responsible for reviewing and becoming familiar with any change(s). These Terms may not otherwise be amended except through mutual agreement by you and an authorized representative of lemonadetv who intends to amend these Terms and is authorized to do so.
2. Other Documents
lemonadetv’s Services connect people online to buy and sell goods, to provide advice or just to entertain. Below are some other rules and guidelines, in addition to these Terms, to help you understand the specific rules that are relevant for you, depending on how you use the Services:
4. Your Account with lemonadetv
You may need to create an account with lemonadetv to use some of our Services. Below are a few rules about accounts on lemonadetv:
A. You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use lemonadetv or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
C. You may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms. That includes when selecting your user name.
D. You are solely responsible for your account. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you represent and warrant that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable to any other party.
5. User Content
Content that you post using our Services is your content, that includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, videos, etc.) (“User Content”).
A. You understand that you are solely responsible for User Content. You represent that you have all necessary rights to User Content and that you are not infringing or violating any third party’s rights by posting it.
B. By posting User Content, you grant lemonadetv a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, transmit, publish, disclose, store, and prepare derivative works of User Content. This allows us to provide the Services and to promote lemonadetv, your lemonadetv shop, or the Services in general, in any formats and through any channels, including across any lemonadetv Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using User Content. You also recognize our legitimate interest in using it, in accordance with this license, to the extent User Content contains any personal information.
C. There are certain types of content we prohibit posting on lemonadetv’s Services. You agree that you will not post or transmit any content that (1) is abusive, threatening, harassing, defamatory, libelous, pornographic, profane, obscene, vulgar, or otherwise offensive, (2) violates any law, statute, ordinance or regulation, (3) infringes or violates another person’s intellectual property rights, including any person’s right of privacy, (4) is inaccurate, false or misleading, (5) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment or (6) is in violation of any part of our Terms.
D. You represent and warrant that if any individual in User Content are minors in their respective state of residence, that you are the parent or legal guardian of such individual and you grant the right to use of the media containing such individual’s depiction in accordance with these Terms.
E. We reserve the right to delete User Content from our Services. We will fully cooperate with law enforcement authorities or any court order or subpoena requesting or directing us to disclose the identity of any person posting inappropriate materials.
F. lemonadetv greatly respects the intellectual property rights of others, and is committed to following appropriate legal procedures to remove infringing content from our Services. If you become aware of the posting or transmitting of infringing content, inappropriate materials or any unacceptable behavior by any user, you should report such activity by emailing us at: email@example.com.
6. Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws, statutes, ordinances or regulations in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licenses that your shop requires and you may not sell anything that violates any laws or engage in threatening or anti-competitive conduct against any other user.
B. You are responsible for paying all fees that you owe to lemonadetv or any other third party.
C. You agree not to (1) reverse engineer or attempt to obtain the source code of the Services, (2) gain or attempt to gain unauthorized access to any portion or feature of any of our Services, system or network connected to the Services or to any of our business partners’ servers, systems or networks, by hacking, “password mining,” or using any other illegitimate method of accessing data, (3) damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, interfere with or try to disrupt our Services or interfere with any other person’s use and enjoyment of our Services or (4) use any “deep-link,” “robot,” “scrape,” “crawl,” or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any Services or its content.
D. The names “lemonadetv” and "lemonade.tv," and the other lemonadetv marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, trade names, service marks, or trade dress of lemonadetv. Nothing contained in the Services grants any license or right to use any of our trademarks, trade names, service marks, trade dress or logos.
F. We love hearing from you! Sharing your ideas or making recommendations can help us improve your experience and our Services. Any unsolicited ideas, suggestions, concepts, know-how, techniques, comments, communication or other materials (collectively, “Communications”) you submit to lemonadetv (not including User Content or items you sell through our Services) are considered non-confidential and non-proprietary. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those Communications for any purpose, without compensation to you.
G. lemonadetv will provide you with certain legal information in writing. When you use our Services, or send e-mails, text messages, and other communications from your desktop or mobile device, you may be communicating with us electronically. You consent to receive communications from us electronically, including via posting on our website or mobile applications, e-mails, test messages, mobile push notices or notices and messages sent through our Services. All agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirements that such communication be in writing and you agree that your electronic agreement has the same legal effect as if you had signed an agreement on paper.
A. Termination by You. You may terminate your account with lemonadetv at any time from your account settings. Terminating your account will not affect the availability of some of User Content that you posted through the Services prior to termination. You are still obligated to pay any outstanding bills.
B. Termination by lemonadetv. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, you will not have a contractual or legal right to continue to use our Services. lemonadetv may refuse service to anyone, at any time, for any reason.
If you or lemonadetv terminate your account, you may lose any information associated with your account, including User Content.
C. We May Discontinue the Services. lemonadetv reserves the right to change, suspend, or discontinue any of the Services or any content, feature or product offered through the Services at any time, for any reason. We will not be liable to you for the effect that any changes, suspension or discontinuation may have on you, including your income or your ability to generate revenue through the Services.
8. Warranties and Limitation of Liability
You understand that lemonadetv does not manufacture, store, inspect or sell any of the items sold through our Services. We provide the platform from which to buy and sell but the items in our marketplaces are manufactured, listed, and sold directly by independent sellers. Therefore, lemonadetv cannot and does not make any representations or warranties about the items sold, including regarding their quality or safety. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release lemonadetv from any and all claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury or damage to property or any other product liability claims.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. lemonadetv is not responsible for the accuracy, completeness, or legal compliance, including copyright compliance, of content posted by users that you accessed through the Services. You release us from any and all liability relating to the content posted by other users.
You can use the Services to interact with other individuals. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. You should exercise caution and good judgement in your interactions with others.
If you have a dispute with another user(s), you release us, our employees, officers, directors, members, managers, affiliates, agents and business partners from claims, demands and damages of any kind, including actual and consequential, known or unknown, arising out of or in any way connected with such dispute(s). You are expressly waiving any protections (statutory or otherwise) that would limit this release to include only claims or disputes that you may know or suspect to exist at the time of agreeing to this release.
You understand that our Services are provided “as is” and “as available” basis and without any kind of warranty (express or implied). To the extent permitted by law, we are expressly disclaiming any warranties express or implied, including warranties of title, non-infringement, merchantability, fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.The use or reliance on our Services is at your own risk.
Among other things, we do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) that the Services will be free of glitches, bugs, defects or errors or such will be corrected; or (iii) the Services will be free of viruses, malicious software or other harmful materials.
To the fullest extent permitted by law, neither lemonadetv, our employees, officers, directors, members, managers, affiliates, agents nor business partners shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages (including, without limitation, those resulting from lost data, business interruption, loss of goodwill or reputation or other intangible losses) arising out of or in connection with the Services or these Terms, including, without limitation, from User Content, inability to use our Services, content, actions or inactions of third parties, suspension or other action taken with respect to your account, or viruses or other malicious software obtained by using our Services, regardless of whether or not we are advised of the possibility of such damages and whether based in contract, tort, or other legal theory. In no event shall lemonadetv’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid lemonadetv in the past twelve months. Some states and jurisdictions do not allow limitations or exclusions of certain damages or warranties, so the above limitations may not apply to you. Please check your local laws for any such prohibitions.
You will indemnify and hold us (including our affiliates, employees, officers, directors, managers, members and agents) harmless from any claims, demands, damages, losses, liabilities, costs and expenses, including reasonable legal fees, made by any third party due to or arising out your actions, your use (or misuse) of our Services, your breach of the Terms, or your breach of any law or the rights of a third party, including your infringement of someone else’s rights.
10.AGREEMENT TO ARBITRATE
Arbitration is a more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. However, an arbitrator can award the same damages and relief on an individual basis that a court can. An arbitrator will apply the terms of the Terms as a court would.
A. Procedures. You and lemonadetv agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here). A party who intends to seek arbitration must first send notice to the other (“Notice of Dispute”), by certified mail, to lemonadetv, Attn: Litigation Department, 350 Clinton St, Suite F, Costa Mesa, CA 92626. lemonadetv will send any Notice of Dispute to you to the physical address we have on file associated with your lemonadetv account; it is your responsibility to keep your physical address up to date. The Notice of Dispute must provide a description of and the basis of the claims the party is asserting and the relief sought. If you and lemonadetv are unable to resolve the claims described in the Notice of Dispute within 30 days after the Notice is sent, you or lemonadetv may initiate arbitration proceedings.
Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment on the arbitration award may be entered in any court that has jurisdiction. You agree that you may bring claims only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding, unless both you and lemonadetv agree otherwise in writing. The arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of consolidated, representative, class or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive or declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users. If a court decides that applicable law precludes enforcement of any of this section’s limitations to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to a party’s right to appeal the court’s decision. All other claims will be arbitrated.
You understand that by agreeing to the Terms, you and lemonadetv are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. Alternatively, you may assert your claim in “small claims” court, if your claim qualifies and your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
B. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, lemonadetv will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration. Any request for payment of fees by lemonadeTV should be submitted by mail to the AAA along with your Demand for Arbitration and lemonadetv will make arrangements to pay all necessary fees directly to the AAA. If (1) you willfully fail to comply with the Notice of Dispute requirements discussed above or (2) the arbitrator determines the claim(s) you made in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse lemonadetv for all fees associated with the arbitration paid by lemonadetv on your behalf that you otherwise would have been obligated to pay under the AAA’s rules.
C. Opt-Out.If you are a new user of our Services, you can choose to reject the agreement to arbitrate (“Opt-Out”) by mailing us a written Opt-Out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms for the first time.You must mail the Opt-Out Notice to lemonadetv, Attn:Opt-Out Notice, Litigation Department, 350 Clinton St., Suite F, Costa Mesa, CA 92626. You must provide your name, complete address (including street address, city, state and zip code), user ID(s) and email address(es) associated with the Services to which the opt-out applies. You must sign the Opt-Out Notice to be effective. This procedure is the only way to opt-out of the agreement to arbitrate. All other parts of the Terms will continue to apply to you. Opting out has no effect on any previous, other or future arbitration agreements that you may have with us.
D.Modifications. If we make any changes to this “Agreement to Arbitrate” section (other than an amendment to any notice address or site link provided) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and lemonadetv. Lemonadetv will notify you of substantive changes to the “Agreement to Arbitrate” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may close your account within those 30 days. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms, including the most current “Agreement to Arbitrate” section.
11. JUDICIAL FORUM/GOVERNING LAW
A. Forum. We’re based in Los Angeles, California so any legal action against lemonadetv related to our Services must be filed and take place in Los Angeles. For all actions under the AAA Rules, the proceedings will be in Los Angeles, CA. For any actions not subject to arbitration, you agree to submit to the personal jurisdiction of a state or federal court located in Los Angeles County, CA.
B. Governing Law. The Terms and any claim or dispute that has arisen or may arise between you and lemonadetv are governed by the laws of the State of CALIFORNIA, without regard to its conflict of laws rules.
12. Miscellaneous Legal Provisions
The Terms, including all of the policies that make up the Terms, and terms and policies posted through our Services set forth the entire agreement between you and us and supersede any other agreement between you and lemonadetv regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms against you or others does is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
13. Contact Information
If you have any questions about the Terms, please email us at: firstname.lastname@example.org.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.