This agreement applies as between you, the User of this website and Lemondy LLC of 1702 W 35th Street Suite 1702, New York City, NY 10001, the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.
The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. Intellectual Property
1.1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Lemondy, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Lemondy.
1.3. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
1.4. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
1.5. You acknowledge that you have no right to have access to our website in source code form.
1.6. Save for internal distribution amongst your employees and persons authorised by you for your internal business purposes and any other purposes contemplated under these Terms or the website, you must not modify the paper or digital copies of any materials you have printed off or downloaded from our website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
1.7. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
1.8. You must not use any part of the content on our website for commercial purposes not specified on our website without obtaining a license to do so from us or our licensors.
1.9. If you print off, copy or download any content on our website in breach of this Agreement, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
2. Prohibited Uses
2.1. You may use our website only for lawful purposes. You may not use our website:
2.1.1. in any way that breaches any applicable local or international laws or regulations;
2.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
2.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2. You also agree:
2.2.1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
2.2.2. not to access without authority, interfere with, damage or disrupt:
2.2.3. any part of our website;
2.2.4. any equipment or network on which our website is stored;
2.2.5. any software used in the provision of our website; or
2.2.6. any equipment or network or software owned or used by any third party.
3. Links to Other websites
3.1. This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Lemondy or that of our affiliates.
3.2. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
3.3. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
4. Information that you provide to us
4.2 You authorize us to send those messages when you visit the Lemondy and provide your contact details.
6.1. Lemondy makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2. No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
7.1. The Lemondy blog and its contents have been compiled with the greatest possible care. However, Lemondy does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our blog.
7.2. Liability claims against Lemondy, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of Lemondy.
7.3. Lemondy expressly reserves the right to change, supplement or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.
7.4. All data is published conscientiously but without guarantee.
7.5. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction and translation, are reserved and require the written consent of Lemondy. Unauthorized use, even of extracts, will be prosecuted.
8. Availability of the website
8.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
8.2. Lemondy accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
9. Limitation of liability
9.1. Under no circumstances will Lemondy be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Lemondy or for the unavailability of the Lemondy, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms and Conditions or your use of the Lemondy, even if such damages are foreseeable, and whether or not you or the Lemondy has been advised of the possibility of such damages.
9.2. Lemondy is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Lemondy or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Lemondy further denies responsibility for all liability and damages to you or others caused by (i) your access or use of the Lemondy inconsistent with our instructions; (ii) any unauthorized access of servers, infrastructure, or data used in connection with the Lemondy; (iii) any bugs, viruses, or other harmful code that may be transmitted to or through the Lemondy; (iv) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (v) third-party content provided by you; or (vi) the defamatory, offensive, or illegal conduct of others.
9.3. You agree to limit any additional liability not disclaimed or denied by Lemondy in relation to the Lemondy, Lemondy IP, and Lemondy Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Lemondy during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.
9.4. These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
You agree to indemnify and hold us, our related corporations and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
11. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
13. Class Waiver
To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms and Conditions, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms and Conditions or any of the transactions contemplated between the parties.
14. Electronic communications, transactions, and signatures
14.1. Visiting the services, using the services, sending emails, and completing online forms constitute electronic communications.
14.2. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing.
14.3. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.
14.4. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
16. Law and Jurisdiction
These terms and conditions and the relationship between you and Lemondy shall be governed by and construed in accordance with the Law of New York and Lemondy and you agree to submit to the exclusive jurisdiction of the Courts of NYC.