Terms & Conditions - Share Lemonade

Terms & Conditions

The website www.sharelemonade.com and Share Lemonade’s social media accounts (“the Sites”) are owned and operated by Share Lemonade LLC (“Share Lemonade,” “we,” or “us”).  The Sites are designed to be used to collect and share positive stories (the “Services”).

These Terms and Conditions of Use Agreement (“Terms of Use”) constitute a binding agreement between you and Share Lemonade.  Please read carefully through all sections of these Terms of Use.  Your access to and use of the Sites is subject to these Terms of Use and all applicable laws.  Share Lemonade reserves the right to terminate your access to the Sites if you violate these Terms of Use.  If you do not agree to these Terms of Use, then you may not use the Sites.  These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on www.sharelemonade.com.  Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use, Content Submission Requirements and Privacy Policy.  The Sites are intended to be used by residents of the United States only and not by any users from countries outside of the United States.

Proprietary Rights.  You may not use the contents of the Sites in any manner or for any purpose that would constitute infringement of Share Lemonade’s, its licensors’ or third-party intellectual property rights.  You may access and use the content on the Sites solely for your personal purposes.  You may share our content on social media or other sites via direct links to the Sites and/or by providing clear attribution to us.  Share Lemonade or its licensors own all trademarks, copyrights and all other proprietary rights in the content appearing on the Sites. The unauthorized use or misuse of this content is prohibited.

Use of Personal Data.  You acknowledge and agree to Share Lemonade’s collection and use of your Personal Information as described in the Privacy Policy.

Your Communications to the Sites.  If you elect to submit content to use for publication on the Sites and other channels, you must first read and agree to adhere to our Share Lemonade Content Submission Requirements.  By sending us any content or other communications through the Sites or by other electronic means, you grant Share Lemonade a perpetual, royalty-free, world-wide, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.   No compensation will be paid to you with respect to Share Lemonade’s or its sublicensees’ use of your communications or content.  By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

Prohibited Activities.   The following activities are expressly prohibited from the Sites:

  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
  • Posting false, misleading, or fraudulent statements or content.
  • Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Sites.
  • Collecting personal information of other users of the Sites without that user’s consent.
  • Engaging in activity that compromises the Sites. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
  • Engaging in any activity designed to impede the use of the Sites by other users, including overloading and flooding.
  • Framing or deep linking into the Sites.
  • Accessing the Sites by means of automated process, spiders, bots or similar device.

Accessibility.  We value all of our users, and it is our goal to provide an excellent online experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Sites and/or Services may not be fully accessible because they are provided by third-party platforms, such as social media platforms, instead of us. If you have comments regarding the accessibility of the Sites and/or Services, or would like to report an issue you are experiencing, please email us at editor@sharelemonade.com.

Federal and State Laws .  The Sites are operated from the United States.  When using the Site, on the Site, or when using any content provided by Share Lemonade, you must obey all applicable U.S.-based federal, state and local laws.

DISCLAIMERS AND LIMITS ON LIABILITY.  THE SITES AND SERVICES, AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). SHARE LEMONADE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “SHARE LEMONADE PARTIES“) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITES AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR DATA.

FURTHER, THE CONTENT ON THE SITES AND SERVICES IS LARGELY PROVIDED BY THIRD-PARTIES.  WHILE THE SHARE LEMONADE PARTIES ATTEMPT TO CURATE CONTENT TO ENSURE ACCURACY AND RELIABILITY, THE SHARE LEMONADE PARTIES DO NOT HAVE COMPLETE CONTROL OVER SUCH CONTENT AND ARE RELYING ON THE REPRESENTATIONS AND WARRANTIES OF THOSE WHO SUBMIT CONTENT.  AS SUCH, THE SHARE LEMONADE PARTIES EXPRESSLY DISCLAIM LIABILITY FOR THE ACCURACY, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT.

YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT THE SHARE LEMONADE PARTIES ARE NOT LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE SHARE LEMONADE PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO SHARE LEMONADE FOR THE USE OF THE SITES AND/OR SERVICES WITHIN THE LAST TWELVE MONTHS TO ACCESS OR USE THE SITES AND SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO SHARE LEMONADE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY SHARE LEMONADE IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE SHARE LEMONADE PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

Indemnification.  You agree to indemnify, defend and hold harmless Share Lemonade and its officers, affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Sites.  Such acts may include but are not limited to: providing content to or communicating with Share Lemonade or its Affiliates, unauthorized use of material obtained through the Sites, engaging in a prohibited activity, or any other action that breaches these Terms of Use.

Attorneys’ Fees and Costs.  In the event that we must enforce the terms of these Terms and Conditions, our Privacy Policy or the Content Submission Requirements against you, you will be responsible for paying all costs in such enforcement efforts, including reasonable attorneys’ fees.

Arbitration.  Any claim or dispute between Share Lemonade and you that arises in whole or in part from the Sites or the Privacy Policy shall be decided exclusively through binding, individual arbitration in Milwaukee, Wisconsin, U.S.A. You agree that disputes between Share Lemonade and you will be resolved by binding arbitration and you waive your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of the State of Wisconsin, U.S.A. for the resolution of any disputes. Any cause of action you may have with respect to your use of the Sites must be commenced within one year after the claim or cause of action arises.

Third-Party Links.  The Sites may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Share Lemonade exercises no control.  Your use of these third-party websites is governed by the terms of use and privacy policy of such websites.  Share Lemonade expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints.  Share Lemonade respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Share Lemonade’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Sites of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Share Lemonade’s agent for notice of claims of copyright infringement on the Sites can be reached at editor@sharelemonade.com.

Consent to Receive Electronic Notifications.  Electronic communication is the most effective and timely way to provide the users of the Sites and/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact: editor@sharelemonade.com.  To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

Miscellaneous Provisions

Assignment.  Share Lemonade may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

Severability.  If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Website Availability.   Share Lemonade cannot guarantee the Sites will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions.  Although SHARE LEMONADE strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Sites are unavoidable and SHARE LEMONADE disclaims any liability for damages resulting from such problems.

Accuracy.  Information on the Sites may contain inaccuracies or typographical errors.  We attempt to ensure postings as accurate as possible, but Share Lemonade does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Wisconsin, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Madison or Milwaukee, Wisconsin.

Questions

If you have any questions or comments about these Terms of Use or this Sites, please contact us by email at editor@sharelemonade.com.

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