Throughout the Platform, we contract with third-party content creators and publishers (“Partners”) to permit them to publish articles, blogs and other content on the Platform (“Partner Content”). Use of our Platform as a Partner is subject to separate terms. If you are a Partner, then these Terms apply only to your use of our Platform as an end user of other Partner Content, User Content or Author Content (as defined in Section 2 below).
PLEASE NOTE: Section 14 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
- You may not use the Platform if you are under 13 or if you are between the ages of 13 and 16 and live in a jurisdiction where parental consent would be required for us to process your personal information. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.
- If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user.
- USER CONTENT AND AUTHOR CONTENT
- Our Platform may allow you and other users to post or otherwise submit comments, messages, photos, ratings, and other materials (collectively, “User Content”) on Partner Content, Author Content, or otherwise on the Platform. You grant Lemonmedia OÜ a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content for any purpose and in all media formats and channels now known or later developed without compensation to you for any purpose. For purposes of clarity only, distribution of your User Content by Lemonmedia OÜ via the Platform (or otherwise) may be to all of: (i) Lemonmedia OÜ owned and/or Lemonmedia OÜ-operated properties and/or entities, or (ii) third-party properties and/or entities that are distribution partners of Lemonmedia OÜ via the Platform or other agreement. Except for the license you grant above, you retain all rights in and to your User Content, as between you and Lemonmedia OÜ.
- Our Platform may allow you to submit works of authorship (including but not limited to written materials, images, illustrations, audio, videos, graphics, artwork, stories, themes, hyperlinks, objects, and other materials and/or content “Author Content”), for the purpose of the Platform publishing, distributing, and/or potentially monetizing such Author Content on your behalf. For the avoidance of doubt, User Content is not deemed to be Author Content.
- User Content and Author Content are together referred to as “Submitted Content”).
- You may not create, post, store or share any Submitted Content that violates these Terms. You are solely responsible for your Submitted Content. You represent and warrant that your Submitted Content, and our use thereof as permitted by these Terms, will not violate any rights of or cause injury to any person or entity and that you have all rights necessary to grant us the license above. Although we have no obligation to screen, edit or monitor Submitted Content, we may elect not to publish, delete, or remove Submitted Content at any time and for any reason with or without notice. Your decision to submit Submitted Content to the Platform is voluntary, and at your discretion.
- Lemonmedia OÜ may preserve and store Submitted Content (including, for a commercially reasonable time, Author Content you have removed from the Platform), and may disclose such content if required to do so by law or if Lemonmedia OÜ believes in good faith that such preservation or disclosure is reasonably necessary to: (i) comply with legal process (e.g., subpoenas); (ii) enforce these Terms; (iii) respond to claims that any Submitted Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Lemonmedia OÜ, its Partners, its users and the public.
- USER CONDUCT AND CONTENT
- Subject to your compliance with these Terms, you may use the Platform only for your own personal, noncommercial use (except as specifically pre-approved in writing by Lemonmedia OÜ for commercial use). Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited.
- You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not:
- Engage in any harassing, threatening, intimidating, predatory, discriminatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Lemonmedia OÜ;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- make the Platform available to any third party (via a services arrangement, service bureau, lease, sale, resale, or otherwise);
- Use our Platform to build a competitive product or service;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors;
- Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform;
- Use our Platform other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;
- Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information;
- Bypass or ignore instructions contained in our robots.txt file;
- Circumvent safeguards we implement or usage limitations or attempt to gain unauthorized access to our Platform or other user accounts;
- Develop or use any applications that interact with our Platform without our prior written authorization;
- Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes;
- Solicit or otherwise attempt to collect personal information or passwords from other users; or
- Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
- You may not create, post, store or share any Submitted Content that:
- is confidential or that you do not have all necessary rights to disclose;
- contains or depicts nudity, sexual activity or violence or is otherwise unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Contains any unsolicited promotions (such as “spam”), political campaigning, advertising or solicitations;
- Contains advertisements or promotions, including to solicit interest in a contest, sweepstake or other promotion;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
- Is content written primarily in a language other than English, except in instances where such content is written in the same primary language as the website in which it appears; (e.g., Submitted Content written in Spanish on a Spanish-language website published by Lemonmedia OÜ);
- Is identical to, substantially the same as, or derived from other Partner Content, User Content or Author Content and/or content published elsewhere on the Internet (this applies even if you are the owner of that content and/or have the rights to publish that content online); or
- In our sole judgment, is of poor quality, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose Lemonmedia OÜ or others to any harm or liability of any type.
- Enforcement of this Section 5 is solely at Lemonmedia´s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 and any action taken or not taken by Lemonmedia OÜ hereunder shall not create any cause of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.
The Platform, including all content contained therein, including Partner Content and Submitted Content, text, graphics, images, photographs, audio, videos, illustrations, themes, objects, stories, concepts, artwork, and other content contained therein, are owned by Lemonmedia OÜ or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Lemonmedia OÜ or our Platform (collectively, “Feedback”). You grant us a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, create derivative works of, sell and otherwise exploit Feedback (or any product or service created based upon such Feedback) for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Lemonmedia OÜ, logos, our product or service names, and our slogans are trademarks that are owned or licensed by Lemonmedia OÜ and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
- REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Lemonmedia OÜ Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify Lemonmedia´s team via email at email@example.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Platform is infringing, you may be liable to Lemonmedia OÜ for certain costs and damages.
- PARTNER AND OTHER THIRD-PARTY CONTENT
In addition to Partner Content and Submitted Content, the Platform may also include or link to other content or information provided by or about third-party websites, products, services, activities or events (collectively, “Third-Party Content”). We are not responsible for Third-Party Content. Your interactions with or correspondence with the providers of Third-Party Content and your use of or interaction with any Third-Party Content are solely between you and the third party providing it. Lemonmedia OÜ does not control or endorse, and makes no representations or warranties regarding any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
- MODIFYING AND TERMINATING OUR PLATFORM
We reserve the right to modify our Platform or to suspend or stop providing all or portions of our Platform at any time. You also have the right to stop using our Platform at any time. We are not responsible for any loss or harm related to your inability to access or use our Platform at any time.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Lemonmedia OÜ, and our respective officers, directors, agents, Partners and employees (individually and collectively, the “Lemonmedia OÜ Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Platform; (b) your Author Content, User Content or Feedback; or (c) your violation of these Terms. You agree to promptly notify Lemonmedia OÜ of any third-party Claims, cooperate with the applicable Lemonmedia OÜ Parties in defending against such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Lemonmedia OÜ Parties will have control of the defense or settlement, at Lemonmedia´s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Lemonmedia OÜ or the other Lemonmedia OÜ Parties.
- DISCLAIMERS; ASSUMPTION OF RISK
Your use of our Platform is at your sole risk. Except as otherwise provided in a writing by us, our Platform and any content therein (including any Third-Party Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Lemonmedia OÜ does not represent or warrant that our Platform will be available, accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Platform.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law:
- Lemonmedia OÜ and the other Lemonmedia OÜ Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Lemonmedia OÜ or the other Lemonmedia OÜ Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- The total liability of Lemonmedia OÜ and the other Lemonmedia OÜ Parties for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Platform in the 6 months preceding the claim.
To the fullest extent permitted by applicable law, you release Lemonmedia OÜ and the other Lemonmedia OÜ Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Lemonmedia OÜ and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
- No Representative Actions. You and Lemonmedia OÜ agree that any dispute arising out of or related to these Terms or our Platform is personal to you and Lemonmedia OÜ and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
- MODIFYING THESE TERMS
We may make changes to these Terms from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Platform or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platform. Unless material changes are made to the arbitration provision under Section 14, you agree that modification of these Terms does not create a new right to opt out of arbitration.
- These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.
- The failure of Lemonmedia OÜ to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.
- If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.”
- Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
- Without limiting any provision of this Agreement, Lemonmedia OÜ will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond its reasonable control.
- You agree that communications and transactions between you and us may be conducted electronically.