Terms of Service
Last update: [May 05, 2020]
These Terms of Service govern the use of all XYZ Technologies, Inc. dba Lemonadetv+ (“Lemonadetv+,” “us,” “we,” or “our”) services as described below (the “Lemonadetv+ Service”), including our mobile and other applications (the “Apps”) and our web application via lemonade.tv (the “Website”). You affirm that you are legally capable of entering into a binding agreement (and that you are at least the age of legal majority in your jurisdiction, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Service). If you violate or do not agree to these terms, then your access to and use of the Lemonadetv+ Service is unauthorized.
Changes to Terms of Service:
Lemonadetv+ may change these Terms of Service from time to time by notifying you of the changes by any reasonable means, including by posting a revised Terms of Service through the Website or Apps. The most current version of the Terms of Service will supersede all previous versions, except that any changes will not apply to any dispute between you and us arising before we posted the revised Terms of Service, or otherwise notified you of the changes. You should periodically visit the Terms of Service page on the Website so you are aware of the terms and conditions that apply to your use of the Lemonadetv+ Service, including the Website and Apps. The “Last Updated” legend above indicates when these Terms of Service were last changed. Your continued use of the Lemonadetv+ Service will constitute your acceptance of the most current Terms of Service.
Description of Lemonadetv+ Service:
The Lemonadetv+ Service is provided by XYZ Technologies, Inc. The Lemonadetv+ Service is an Internet-based home entertainment service that provides access to a library of movies, images, live and recorded events, artwork and/or other content (“Content”) through your computer or mobile device, [your Internet-capable television or a third party who is licensed to incorporate the Lemonadetv+ Service into its device(s)] (collectively, the “Lemonadetv+ Devices”). Please direct all questions regarding the Lemonadetv+ Service to [info@Lemonade.tv].
Lemonadetv+ reserves the right to change how it operates the Lemonadetv+ Service. You should not consider any description of how the Lemonadetv+ Service works to be a representation or obligation with respect to how the Lemonadetv+ Service will work in the future.
Activating the Lemonadetv+ Service:
To access and use the Lemonadetv+ Service, you must open an account online (“Lemonadetv Account”). During online setup of your Lemonadetv Account, these Terms of Service will be provided electronically. You can access a printable/downloadable version of these Terms of Service by visiting [https://www.Lemonade.tv/termsofservice]
Lemonadetv+ Service Minimum Requirements:
YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY, A LEMONADETV ACCOUNT AND A DEVICE COMPATIBLE WITH THE LEMONADETV+ SERVICE TO USE THE LEMONADETV+ SERVICE. You will be responsible for all costs associated with procuring and maintaining the Internet connectivity and device(s) necessary to access and use the Lemonadetv+ Service, including but not limited to any internet connectivity, data transmission or airtime fees charged by internet service providers or mobile phone carriers while accessing the Lemonadetv+ Service or Content. The Lemonadetv+ Service is available only, and Content can be accessed only from, within the United States of America, including the District of Columbia and Puerto Rico.
You Can View Content via Rental, Purchase or Pay Per View (including Social Viewings):
Currently, you have the option to “rent”, “purchase”, or “pay per view”.When you order Content for rental or pay per view, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your Lemonadetv+ compatible device, and view the Content within the applicable viewing period. When you purchase Content, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your Lemonadetv+ compatible device, and view the Content as often as you like subject to the applicable restrictions described below.
Lemonadetv+ Credits/Promotional Codes / Loyalty Points:
From time to time, you may be offered Lemonadetv+ credits, promotional codes and/or loyalty points which allow you to view Content via rental, purchase or pay per view. Such credits, promotional codes or loyalty points are intended for your use only and are not to be transferred or sold by you. Lemonadetv+ reserves the right to restrict access to Content redeemable with Lemonadetv+ credits, promotional codes or loyalty points in the event of a violation of these Terms of Service.
If you are a first-time user of the Lemonadetv+ Service, you may be eligible for free Lemonadetv+ movie credits to use to experience the Lemonadetv+ Service. The credits will be valid for use for up to one month, or as otherwise specified when you sign up for your Lemonadetv Account. To view any specific details about your Lemonadetv+ movie credits, visit the Website and click on the “Your account”. Free credits provided to first time users may not be combined with any other offers. If you or another member of your household has opened a Lemonadetv Account within the last 12 months, you may not be eligible to receive free credits.
If you rent Content, you will typically have 30 days to initiate viewing. Once initiated, viewing must typically be completed within 48 hours or before the end of the 30th day from date of initiation, whichever occurs sooner.If you purchase Content, you may view it for as long as you (i) are capable of accessing the Lemonadetv+ Service, and (ii) maintain an active Lemonadetv Account.If you pay per view Content, you will typically be entitled to view the Content for the duration of the underlying event.
Lemonadetv+’s authority to provide Content to you is subject to restrictions imposed by the movie studios and other distributors that make Content available to Lemonadetv+ (“Content Providers”). These Content Providers may designate limited periods of time when Lemonadetv+ is prohibited from renting, selling and/or streaming certain Content to you, including Content that you have previously purchased. You will be able to again rent, purchase and/or view such Content at the conclusion of these restricted periods.
If you have questions concerning the availability of Content that you have ordered, please contact Lemonadetv+ at info@Lemonade.tv.
By using the Lemonadetv+ Service, you expressly authorize Lemonadetv+ to charge any applicable rental, pay per view or purchase fees and any other charges you incur in connection with your use of the Lemonadetv+ Service, plus any applicable taxes, to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your payment method in your Lemonadetv Account. Fees are payable only in U.S. dollars. Lemonadetv+ may change the fees and charges in effect or add new fees and charges, upon reasonable notice to you from time to time (which may include posting the changes or additions on the Apps or Website). There may be a temporary disruption of your access to the Lemonadetv+ Service until Lemonadetv+ can verify the validity of any new credit or debit card information. Pricing errors may occur on the Website and Apps. In the event of a pricing error, Lemonadetv+ reserves the right to restrict your access to Content, with no further obligations to you, even after your receipt of Content or confirmation of Content availability.
Cancellation and Refunds:
You may cancel your Lemonadetv Account at any time by contacting Lemonadetv+ Customer Support at info@Lemonade.tv. Any remaining cash balance in your Lemonadetv Account will be refunded at that time. Any charges and fees paid for Content are non-refundable. Any Lemonadetv+ Credits you may have accrued are non-refundable and nontransferable.
Content purchased on Lemonadetv+ is nontransferable and will be deleted from your Lemonadetv+ Device(s) and your Lemonadetv Account upon cancellation of your Lemonadetv Account. Cancellation of your Lemonadetv Account will also terminate your access to Content that you have purchased and/or rented. Once your account has been closed, you will not be able to re-open your Lemonadetv Account in the future.
Additionally, in the event of a refund by Lemonadetv+ (which Lemonadetv+ may or may not grant in its sole discretion) for any reason other than termination or cancellation of your Lemonadetv Account, Lemonadetv+ will terminate your access to any Content for which a refund was provided.
You understand and agree that the Content is licensed by Lemonadetv+ from Content Providers. Copyrights in the Content are owned by the Content Providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Except as expressly provided in these Terms of Service, no right, title or interest in the Content is transferred to you. All Content is licensed to you, and is not sold, transferred or assigned to you. Subject to your compliance with these Terms of Service, you have a limited right to access the Content solely for your personal, non-commercial use and only on devices compatible with the Lemonadetv+ Services. You may not edit, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion thereof (including, without limitation, by “burning”, P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device except as permitted herein, including, without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human-readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content Providers/owners of the Content is prohibited, and you expressly agree to the automatic termination of the Lemonadetv+ Service if you engage in any infringing activities. Upon any such termination, the Content will be deleted from your Lemonadetv+ Device(s). Except as specifically granted herein, all rights to the Content are reserved by the owners of such Content.
We will determine the selection, availability and quality of all Content provided on the Lemonadetv+ Service. The selection, quality and availability of the Content offered can/may be unique to each Lemonadetv Account and Lemonadetv+-compatible device. Not all Content on the Lemonadetv+ Service is available at all times to all users. For example, Content that is available for rental may not be available for purchase and Content that is available for purchase may not be available for rental. Not all Content is appropriate for all users. If you are a parent, it is your responsibility to monitor the Content selections and viewing habits of your children. You can set certain parental controls in your account profile that allow you to control the availability of and/or access to certain Content.
You may link up to [eight (8)] Lemonadetv+ Devices to your Lemonadetv Account to view Content (each, a “Linked Device”), provided such Linked Device may only be linked to a single Lemonadetv Account at a given time. NOTE: Computers that stream content via the Internet are not required to be linked to your Lemonadetv Account and will not be considered a “Linked Device”; provided, however, that any computer that is used to download Content via the Lemonadetv+ To Go service will require a link to your Lemonadetv Account and will be considered a “Linked Device”.
Lemonadetv+ Community/Your Personal Information:
Lemonadetv+ offers you several ways to share your Lemonadetv+ experience with others and share information and interact with other members of the Lemonadetv+ community through the Website, Apps and/or a Lemonadetv+ Device (the “Lemonadetv+ Community”). Because the features of the Lemonadetv+ Community are always changing and improving, available features and information shared may change from time to time. These changes may take place without notice to you and may not be described in Lemonadetv+’s Terms of Service.
THEREFORE, BY USING THE LEMONADETV+ COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU CONSENT TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE LEMONADETV+ COMMUNITY, USERS OF THE LEMONADETV+ SERVICE AND OTHER VISITORS TO THE WEBSITE AND APPS. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING ANY PERSONAL INFORMATION YOU CHOOSE TO SHARE, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE LEMONADETV+ COMMUNITY FEATURES.
Use of the Lemonadetv+ Community features is for your personal, non-commercial use, and your use of such features is at your own option and risk. Lemonadetv+ Community contains several different elements (e.g. blog, forum, etc.), each with its own degree of associated information sharing and features. These elements may change without notice to you, and the degrees of associated information sharing and functionality may also change without notice.
You hereby grant to Lemonadetv+ a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Submissions (as defined below), in any media or medium, and in any form, format, or forum now known or hereafter developed. Lemonadetv+ may sublicense its rights in Submissions through multiple tiers of sublicenses. Lemonadetv+ is, and will be, under no obligation (1) to maintain any Submission in confidence; (2) to pay any compensation for any Submission; or (3) to respond to any Submission. You hereby grant to Lemonadetv+ the right to use any name associated with any Submission that you make available to Lemonadetv+, although Lemonadetv+ has no obligation to exercise such right, or to otherwise provide any attribution for any Submission.
“Submissions” means any submissions (e.g. e-mails, letters, postings to chat rooms, boards or contests), feedback, creative suggestions, ideas, notes, drawings, concepts or other information through the Lemonadetv+ Service, your Lemonadetv Account or any social media account Lemonadetv+ may maintain from time to time (e.g., Twitter, Facebook, etc), that you may send to us or otherwise through the Lemonadetv+ Service.
The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the Submissions. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Website or Apps, or analyze your access to or use of the Website or Apps. We may disclose information regarding your access to and use of the Website or Apps, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Lemonadetv+ may host social viewings, message boards, blog feeds, social media feeds, live events and other forums on the Lemonadetv+ Services. The Lemonadetv+ Service allows you to post, link, store, share and otherwise make available certain information, user comments, text, graphics, videos, scripts, sounds, music, videos, interactive features or other material (“Your Content”). You are responsible for Your Content that you post or contribute to the Lemonadetv+ Service, including its legality, reliability, and appropriateness.
Lemonadetv+ does not guarantee any confidentiality with respect to Your Content that you submit. By posting Your Content to the Lemonadetv+ Service, which right to submit you agree constitutes good and valuable consideration, you grant Lemonadetv+ a worldwide, royalty-free, perpetual, revocable, non-exclusive, transferable and sublicensable right and license to use, copy, host, store, modify, perform, display, reproduce, publish, translate, create derivative works from, transmit, distribute, publicly perform and publicly display such Your Content (in whole or in part) on and through the Lemonadetv+ Service and/or to incorporate them into other works in any form, media, or technology, now known or later developed, for the full term of any rights that may exist in such content or information. You will not receive any compensation for this license.
You also hereby grant each user of the Lemonadetv+ Service a non-exclusive license to access Your Content through the Lemonadetv+ Service, and to use, reproduce, distribute, display and perform such Your Content as permitted through the functionality of the Lemonadetv+ Service and under these Terms of Service.
The above licenses granted by you in Your Content that you submit are perpetual and irrevocable.
You retain any and all of your rights to any Your Content you submit, post or display on or through the Lemonadetv+ Service and you are responsible for protecting those rights. You can end this license for specific content by deleting such Your Content except: (a) to the extent you shared it with others and they copied or stored it; (b) for the reasonable time it takes to remove from our backup and other systems; and (c) to the extent required for us to comply with certain legal obligations.
You represent and warrant that: (a) Your Content is yours (you own it) or you have obtained all necessary rights or permissions required to use it, to make the Content available to us and to grant us the rights and license as provided in these Terms; (b) the posting of Your Content on or through the Lemonadetv+ Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and (c) the Content is not contrary to the Terms of Service, which may be updated from time to time, or contrary to applicable laws and regulations.
Lemonadetv+ is not responsible for any of Your Content and Lemonadetv+ has no obligation to monitor or moderate Your Content. Lemonadetv+ reserves all rights to block or remove Your Content, communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Lemonadetv+ Service, Lemonadetv+ is merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Lemonadetv+ Service. Lemonadetv+ assumes no responsibility for the deletion of or failure to store any Your Content and Lemonadetv+ recommends that you do not post, display, or transmit any confidential or sensitive information. Lemonadetv+ reserves the right, but not any obligation, and in Lemonadetv+’s sole discretion to remove Your Content for any reason without prior notice.
Your Conduct on the Website and Apps:
You must use the Lemonadetv+ Service (including its associated features, content and functionalities), the Website, and the Apps only in accordance with all applicable laws, rules and regulations. In addition, you must not upload, post, e-mail or otherwise send or transmit any Submissions and/or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Lemonadetv+ Service, the Website or the Apps. You must not interfere with the servers or networks connected to the Lemonadetv+ Service, the Website or the Apps, or violate any of the procedures, policies or regulations of networks connected to the Lemonadetv+ Service, the Website or the Apps. You must not impersonate any other person while using the Lemonadetv+ Service, the Website or the Apps, or the Lemonadetv+ Community, and you must not conduct yourself in a vulgar or offensive manner while using the Lemonadetv+ Service, the Website or the Apps, or Lemonadetv+ Community.
You are solely responsible for the activity on your Lemonadetv Account, including, but not limited to, any and all purchases made from your Lemonadetv Account, maintaining the confidentiality of your Lemonadetv Account password and restricting access to your Lemonadetv+ Device(s). You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the Website. As an additional security measure, the parental controls in your account management profile allow you to restrict purchasing through your Lemonadetv Account by requiring that a passcode be entered before finalizing any purchase. If you believe that you may be victim of identity theft involving your Lemonadetv Account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. Lemonadetv+ reserves the right to place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. Lemonadetv+ is not obligated to credit or discount a membership for holds placed on the account by either a representative of Lemonadetv+ or by the automated processes of Lemonadetv+.
Termination by Lemonadetv+:
We reserve the right to terminate your Lemonadetv Account and/or your access to and use of the Lemonadetv+ Service at any time with or without cause. If your Lemonadetv+ Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your Lemonadetv Account. We have no obligation to refund fees paid for Lemonadetv+ Devices or any value, monetary or otherwise, you may have accrued as Lemonadetv+ Credits.
Operational Limits/Force Majeure:
The provision of the Lemonadetv+ Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Lemonadetv+ Service, including Lemonadetv+’ ability to stream rented or purchased movies to you, may occur as normal events in the provision of the Lemonadetv+ Service and that Lemonadetv+ is not liable for such interruptions. You further understand and agree that Lemonadetv+ is not liable for any failure of performance due to any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action or request by any government, civil or military authority, suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.
Lemonadetv+ reserves the right to cancel or suspend any transaction, or place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity or a misuse of Lemonadetv+ Service or violation of these Terms of Service. Lemonadetv+ is not obligated to refund a cancelled or suspended transaction, or to provide any credits or other reimbursement for an account placed on hold.
You will not, and will not allow anyone else to, open, tamper with or reverse engineer, decompile or disassemble your Lemonadetv+ Device(s) (or any software contained within) or make any modifications, additions, attachments or alterations to the Lemonadetv+ Device(s) (or any software contained within). Additionally, you agree not to, or attempt to, disclose or circumvent any security measures utilized as part of the Lemonadetv+ Service or Lemonadetv+ Device(s) (or the software contained within). You understand and acknowledge that the Lemonadetv+ Service and Lemonadetv+ Devices (or the software contained within) incorporate and utilize propriety technologies, materials and Content of Lemonadetv+, the Content Providers and other third party licensors that are protected by copyright, patent, trade secret and other laws and that any use or disclosure of the Lemonadetv+ Service, Content or Lemonadetv+ Devices (or the software within) contrary to these Terms of Service or any copying of the materials and/or Content residing in the Lemonadetv+ Devices will result in substantial damages to us or our licensors and subject you to civil liabilities and/or criminal penalties.
Age Restrictions; Parental Controls:
While Lemonadetv+ does distribute Content that may be watched by children, not all Content is appropriate for children. If any children watch Content through your Lemonadetv Account, you are responsible for those viewing selections. The Lemonadetv+ Service includes parental control features that lets you restrict access to certain Content based on the rating system of the Motion Picture Association of America and on rating metadata from Common Sense Media®. The Lemonadetv+ Service also includes access to a feature powered by ClearPlay®, a third party service that allows you to skip past or mute Content based on your sensitivities to language, sex and violence. You can access these features in your Lemonadetv Account profile. Lemonadetv+ shall have no liability if a child or you, through mistake or otherwise, views Content that may be objectionable to you or the child.
Moreover, if you are a parent or legal guardian entering into these Terms of Service for the benefit of a child younger than 18, you are fully responsible for his or her use of the Lemonadetv+ Service, including all charges and liability that he or she may incur.
The Apps are licensed (not sold) to you. Subject to your compliance with these Terms of Service, and solely for so long as you are permitted by Lemonadetv+ to use the Apps, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the Apps on a mobile device that you own or control, solely for your personal, non-commercial use. You must not reverse engineer, decompile or disassemble any portion of the Apps, except where such restriction is expressly prohibited by applicable law. If you fail to comply with any of the terms or conditions of these Terms of Service, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Digital Millennium Copyright Act:
Lemonadetv+ respects the intellectual property of others. If you believe that your work is accessible on the Website or Apps in a way that constitutes copyright infringement, please see our DMCA Procedure (available at https://help.walmart.com/app/answers/detail/a_id/254) for instructions on how to contact us to report possible copyright infringement.
Links to Third Party Websites:
Warranty Disclaimer; Limitation of Damages and Liability:
THE LEMONADETV+ DEVICES, LEMONADETV+ SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER LEMONADETV+ NOR THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE LEMONADETV+ DEVICES, LEMONADETV+ SERVICE OR CONTENT MADE AVAILABLE THROUGH THE LEMONADETV+ SERVICE OR THAT THE LEMONADETV+ DEVICES, LEMONADETV+ CONTENT OR LEMONADETV+ SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND LEMONADETV+ AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER LEMONADETV+ NOR THE CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE LEMONADETV+ DEVICES, LEMONADETV+ SERVICE (INCLUDING CONTENT ON THE WEBSITE OR APPS), OR CONTENT OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE LEMONADETV+ DEVICES, LEMONADETV+ SERVICE (INCLUDING THE WEBSITE AND APPS), OR CONTENT. YOU AGREE THAT LEMONADETV+ MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE LEMONADETV+ SERVICE, LEMONADETV+ COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE LEMONADETV+ SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. LEMONADETV+’S SOLE OBLIGATION FOR ANY MALFUNCTIONING LEMONADETV+ DEVICES SHALL BE AS SET FORTH IN LEMONADETV+’S PUBLISHED LIMITED WARRANTY AGREEMENT. YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL APPLY TO THE LEMONADETV+ SERVICE OR LEMONADETV+ DEVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LEMONADETV+ AND THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY LEMONADETV+ OR CONTENT PROVIDERS, SHALL LEMONADETV+, CONTENT PROVIDERS OR ANY OF THEIR OR LEMONADETV+’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY) OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE THE LEMONADETV+ DEVICES OR USE OR ACCESS THE LEMONADETV+ SERVICE OR CONTENT; (ii) THE TERMINATION OF THE LEMONADETV+ SERVICE; (iii) THE INSTALLATION, INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF YOUR LEMONADETV+ DEVICES, (iv) ERRORS OR OMISSIONS IN THE CONTENT; OR (v) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE LEMONADETV+ SERVICE (INCLUDING THE WEBSITE AND APPS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LEMONADETV+’S OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE LEMONADETV+ SERVICE, LEMONADETV+ DEVICES OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE FIRST CLAIM AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.
You agree to indemnify, defend and hold Lemonadetv+ and its affiliates, officers, agents, co-branders, licensors, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your misuse of the Lemonadetv+ Service or Lemonadetv+ Devices, Website or Apps, (b) any breach by you of these Terms of Service, (c) your Postings, your feedback, or access to or use of the Site; (d) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (f) any misrepresentation made by you. Lemonadetv+ reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Lemonadetv+ if and as requested by Lemonadetv+ in the defense and settlement of such matter. You will cooperate as fully required by Lemonadetv+ in the defense of any claim.
Disputes & Arbitration; Applicable Law:
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Lemonadetv+ Service or Lemonadetv+ Devices or Content constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Lemonadetv+ will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND LEMONADETV+, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT LEMONADETV+ AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing: (a) nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you; and (b) nothing in these Terms of Service will preclude either of us from seeking and obtaining temporary injunctive relief in any court of competent jurisdiction with respect to any actual, alleged or threatened infringement, violation or misappropriation of intellectual property rights.
These Terms of Service will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.
Mobile Device Communications:
By creating a new account with a phone number or adding a phone number to an existing account, you consent to receiving communications, which may include phone calls or SMS messages, from Lemonadetv+ regarding your account and Lemonadetv+ offerings. You agree that you are the primary owner of that phone number and that the information provided is accurate. Standard message and data rates may apply. Messages will be sent from an automatic telephone dialing system and messages may include an artificial or pre-recorded voice. Your agreement to receive those messages is not a condition of purchase or required to receive services.
Additionally information regarding Lemonadetv+’s privacy practices can be accessed at: https://www.Lemonade.tv/privacypolicy.
Information or Complaints:
If you have a question or complaint regarding the Lemonadetv+ Service (including the Website or Apps) or your bills, please send an e-mail to info@Lemonade.tv.Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of an App that is compatible with the iOS operating system of Apple Inc. (“Apple”, and any such App, an “iOS App”). Apple is not a party to these Terms of Service and does not own and is not responsible for any iOS App. Apple is not providing any warranty for any iOS App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any iOS App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any iOS App, including any third-party product liability claims, claims that an iOS App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of an iOS App, including those pertaining to intellectual property rights, must be directed to Lemonadetv+ in accordance with the “Information or Complaints” section above. The license you have been granted in these Terms of Service is limited to a non-transferable license to use each iOS App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that any iOS App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using an iOS App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of the terms and conditions of these Terms of Service, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof; notwithstanding the foregoing, Lemonadetv+’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms of Service is not subject to the consent of any third party.
If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Lemonadetv+ Service © 2020 Lemonadetv+. All Rights Reserved. All brand and product names are trademarks or registered trademarks of their respective holders.