Terms of Service

TERMS OF USE

 

 

Last updated 05/17/2023

 

`**Model Release Agreement**

 

By participating as a model, you acknowledge and grant LemonSocial.com and Lemon Social LLC ("Platform") the following permissions. These permissions extend to the Platform's heirs, legal representatives, and anyone acting under its authority:

 

 

1. The non-exclusive, perpetual, and irrevocable right to use, publish, and republish your photographs, in whole or in part, with or without alterations, for various purposes including but not limited to promotion, illustration, art, editorial, advertising, and trade.

 

2. The right to use these photographs in any medium, including print and digital distribution over the internet.

 

3. The consent to digitally composite or modify the photographs, including changes in color, size, shape, perspective, context, foreground, or background.

 

 

You also agree that the Platform may use any accompanying published matter in conjunction with the photographs. You waive the right to inspect or approve the final products and their applications. You release and hold harmless LemonSocial, its representatives, and anyone acting under its authority, from any liability related to the use, alteration, or publication of the photographs, including any claims for libel or violation of privacy or publicity rights.
 

LemonSocial.com Subscription Policy

At LemonSocial.com, we prioritize trust and satisfaction for both content creators and subscribers. To maintain fairness and transparency, we have implemented the following subscription policy:

Monthly Content Posting Requirement

Content creators who charge a monthly subscription fee on LemonSocial.com must post content monthly to their page.

Suspension for Non-Compliance

Creators failing to post content for a consecutive month may face account suspension until regular posting resumes.

Subscriber Refund Process

If a creator receives payments but doesn't post content, subscribers can request refunds within 60 days.

Holding Creator Withdrawals

During the review process, any creator withdrawals may be temporarily held to ensure fair resolution.

LemonSocial.com is committed to a balanced and supportive community. Questions? Contact our customer support team.

Promoting Competing Platforms. 

As per LemonSocial.com's policies and guidelines, promoting or advertising other competing website platforms is strictly prohibited on our platform. We are committed to maintaining a fair and impartial environment for our users, and allowing promotion of competing platforms could create conflicts of interest and diminish the user experience.

To ensure a positive and focused community, we kindly request all users to refrain from promoting or endorsing any competing website platforms, services, or products while using LemonSocial.com. Any attempts to do so may result in appropriate actions, such as content removal, account suspension, or termination.

At LemonSocial.com, we value transparency and encourage users to share their experiences and insights related to the services we provide. If you have any questions or concerns about our policies, please feel free to reach out to our support team.

Thank you for being a part of the LemonSocial.com community and adhering to our guidelines. Together, we can create a welcoming and productive environment for all users.

Digital Currency. 

Digital  Currency: We may allow Users to make purchases or receive payment on Lemonsocial using one or more virtual currencies such as Bitcoin. Acceptance of such payment or payout method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments are also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. We disclaim all risk of loss associated with virtual currency value fluctuations. Additional administrative fees may accompany virtual currency transactions.

**Image and Content Rights Explanation**

 

At LemonSocial, we value and respect your creative work and rights. This section clarifies that you, as a user, retain the rights to your images and content. LemonSocial only uses the image rights to the extent legally necessary for ownership and operation purposes. Our goal is to empower our creators with ownership of their Intellectual Property to the fullest extent we can make possible. `

 

Payment Conditions for the LemonSocial platform Lemonsocial.com is only permitted to take the following payment methods:

 

Check payments, Funded wallets, LST tokens, and Credit Card payments directly within the platform. Any other payment methods or payment-related talks in messages or emails  inside or outside of lemonsocial.com will result in an automatic loss of earned funds from violators, removal from the Lemonsocial platforms, the immediate  termination of your account, and the banning, removal, and blocking of all of your material from future services. This applies to users who are both Creators and Subscribers on lemonsocial.com or any other of our websites.

 

Any other choices, such as PayPal, Cash App, or those not mentioned above as pre approved methods of payment, are not permitted.

 

 

Use of third-party payment systems outside of Lemonsocial is prohibited due to anti-money laundering laws and "Know Your Client" requirements. Arrangements for offsite payments are not allowed. 

Any violations of above statement the users and creators will be banned and forfeit accounts and funds linked to the account.

 

MODEL RELEASE FORM INFO.

 

MODEL RELEASE

In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant

the following rights and permissions to Lemonsocial.com Lemon Social LLC ("Platform"), his/her heirs, legal representatives, and assigns, those for

whom Photographer is acting, and those acting with his/her authority and permission. They have the irrevocable, perpetual and unrestricted right

and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in

part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious

name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or

hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial,

advertising, trade, or any other purpose whatsoever.

I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as

to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such

photographs. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other

matter that may be used in connection with them or the use to which they may be applied. I hereby release, discharge, and agree to hold harmless

Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whom he/

she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or

otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of

them, including without limitation any claims for libel or violation of any right of publicity or privacy.

 
 

PAYOUT METHODS AND INFORMATION

 

Attention all creators!

To ensure smooth and timely bank-to-bank withdrawals, please take note of the withdrawal request deadline. Withdrawal requests must be made before 12:00 PM EST on Mondays to be processed within the same week.

 

United States 

 

Attention Creators!

 

To receive secure and hassle-free bank-to-bank withdrawals, we highly recommend setting up a Paychex account. Follow these simple steps to get started:

 

Step 1: Visit the Paychex website at https://www.paychex.com/support/employee-support

 

Step 2: Create Your Paychex Account

   - Click on the "Sign Up" or "Create Account" button.

   - Provide the required information, including your full name, contact details, and any other requested details.

   - Set up a strong password to ensure the security of your account.

 

Step 3: Add Your Bank Account

   - After successfully creating your Paychex account, log in to your dashboard.

   - Navigate to the "Bank Accounts" or "Payouts" section.

   - Add your bank account details, including your account number and routing number. This is essential for smooth bank-to-bank withdrawals.

 

Please note that for your security, Paychex holds back first-time withdrawals for the initial 7 days. This precautionary measure is in place to protect against potential chargebacks and fraud, ensuring that your earnings are safe and secure.

 

Once this initial holding period is over, you can enjoy uninterrupted bank-to-bank withdrawals, providing you with quick access to your hard-earned funds.

 

If you encounter any difficulties during the setup process or have any questions, Paychex's customer support team is here to assist you every step of the way. Simply reach out to them via the provided support channels.

 

We value your security and want to ensure a seamless experience for all our creators. Setting up a Paychex account is a proactive step towards hassle-free and protected bank withdrawals. Don't delay; get started today!

 

https://www.paychex.com/support/employee-support

 

Payroll, Time & Attendance, Benefits, Insurance, HR Services Support

 

833-299-0168

 

For Canadians 

 

Attention Creators in Canada!

 

For our Canadian creators, we recommend setting up a Payworks account to enable bank-to-bank withdrawals securely. Follow the same simple steps as mentioned earlier, but this time use the Payworks website specific to Canada:

 

Step 1: Visit the Payworks website for Canada at https://www.payworks.ca/

 

Step 2: Create Your Payworks Account

   - Click on the "Sign Up" or "Create Account" button.

   - Provide the required information, including your full name, contact details, and any other requested details.

   - Set up a strong password to ensure the security of your account.

 

Step 3: Add Your Bank Account

   - After successfully creating your Payworks account, log in to your dashboard.

   - Navigate to the "Bank Accounts" or "Payouts" section.

   - Add your bank account details, including your account number and routing number. This is essential for smooth bank-to-bank withdrawals.

 

Please be aware that, similar to our standard procedure, Payworks will also hold back first-time withdrawals for the initial 7 days to safeguard against potential chargebacks and fraud. This measure is in place to ensure your earnings are safe and secure.

 

Once this initial holding period is over, you can enjoy uninterrupted bank-to-bank withdrawals, providing you with quick access to your hard-earned funds.

 

If you encounter any difficulties during the setup process or have any questions, Payworks' customer support team is available to assist you at every step. You can reach out to them through the provided support channels.

 

We care about your financial security and aim to offer a seamless experience for all our Canadian creators. Setting up a Payworks account is a proactive step towards hassle-free and protected bank withdrawals. Start now to enjoy the benefits!



 

For International Europeans 

 

Attention International European Creators!

 

For our international creators based in Europe, we recommend setting up a Paxum account to facilitate secure bank-to-bank withdrawals. Follow these straightforward steps to get started:

 

Step 1: Visit the Paxum website at https://www.paxum.com/

 

Step 2: Create Your Paxum Account

   - Click on the "Sign Up" or "Create Account" button.

   - Provide the required information, including your full name, contact details, and any other requested details.

   - Set up a strong password to ensure the security of your account.

 

Step 3: Add Your Bank Account

   - After successfully creating your Paxum account, log in to your dashboard.

   - Navigate to the "Bank Accounts" or "Payouts" section.

   - Add your bank account details, including your account number and routing number. This is essential for smooth bank-to-bank withdrawals.

 

Please note that for international European creators, the payout process may take up to 12 days to complete. This processing time is in place to ensure all transactions are thoroughly verified and secure, offering you peace of mind.

 

Once the payout is processed, you can expect to receive your earnings directly into your bank account, giving you easy access to your hard-earned funds.

 

If you encounter any challenges during the setup process or have any inquiries, Paxum's customer support team is ready to assist you at every step. Feel free to reach out to them through the provided support channels.

 

At Lemonsocial.com , we prioritize your financial security and strive to offer a seamless experience for all our international European creators. Setting up a Paxum account is a proactive step towards hassle-free and protected bank withdrawals. Get started today to enjoy the benefits!

 

TABLE OF CONTENTS

1. AGREEMENT TO TERM

 

 Creators Accounts Limits 

You may have a total of two accounts for 15% total profits to the platform on the free accounts at the 0 monthly.  If you choose to add a third or more  accounts it must be set to a mandatory $199 subscription per month 5% of total profits. 

You can only switch account payment options from the $199 to the 15% and vice versa every 90 days. If you click 199 per month it is set for a 90 day mandatory period that you must pay. 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and _

 

https://LemonSocial.com ("Lemon Socials. llc," “we," “us," or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. This website regularly analyzes all content creators  material in accordance with license and guidelines rules, laws, and regulations. Any violations will result in immediate removal of the account and loss of funds. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site 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 of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. 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 of Use by your continued use of the Site after the date such revised Terms of Use are posted.

 

The information provided on the Site 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 Site 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.

2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

  5.  Section: Account Suspension and Subscriber Access

Account Suspension: LemonSocial.com reserves the right to suspend a creator's account in the event of non-compliance with the platform's policies, including but not limited to the Monthly Content Posting Requirement. During the suspension period, the creator will lose access to their account and associated features.

Subscriber Access Post-Account Suspension: Upon account suspension, creators will no longer have access to LemonSocial.com's subscribers. Any attempt by a creator to reach out to or engage with LemonSocial.com subscribers after an account suspension is strictly prohibited.

Protection of Subscribers: Subscribers who sign up on LemonSocial.com will remain unaffected by a creator's account suspension. LemonSocial.com is committed to safeguarding the subscribers' experience on the platform, ensuring that their access and enjoyment of content are not compromised due to actions taken by creators.

Prohibition on Outreach to Subscribers: Creators, during and after account suspension, are expressly prohibited from reaching out to LemonSocial.com subscribers with the intent to redirect them to alternative platforms or engage in any communication that may disrupt the subscribers' experience on LemonSocial.com.

Enforcement: Violation of the terms outlined in this section may result in further action, including but not limited to extended account suspension, termination of the creator's account, and legal proceedings as deemed necessary by LemonSocial.com.

By continuing to use LemonSocial.com, creators acknowledge and agree to abide by these terms regarding account suspension and subscriber access.

If you have any questions or concerns regarding these terms, please contact our customer support team at [Contact Information]

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

 

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

 

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

 

Delete the copyright or other proprietary rights notice from any Content.

 

Attempt to impersonate another user or person or use the username of another user.

 

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.



 

Use a buying agent or purchasing agent to make purchases on the Site.

 

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

 

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

 

5. USER GENERATED CONTRIBUTIONS

 

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

 

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

 

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

 

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

 

Your Contributions are not false, inaccurate, or misleading.

 

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

 

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

 

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

 

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

 

Your Contributions do not violate any applicable law, regulation, or rule.

 

Your Contributions do not violate the privacy or publicity rights of any third party.

 

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

 

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

 

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

 

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

 

6. CONTRIBUTION LICENSE

 

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

 

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

 

7. SUBMISSIONS

 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

 

8. SITE MANAGEMENT

 

 Lemon Social has put in place a monitoring mechanism that allows us to keep an eye on all content uploaded on this website around-the-clock. Lemonsocial will monitor the Site for violations of these Terms of Use. Lemonsocial  will  take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such users to law enforcement authorities. Lemonsocial  in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; Lemonsocial in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and  otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

Merchant is solely responsible for all the content that they create, distribute or re-sell on their website. This is achieved through model consent forms, content provider agreements and personal ID collection which is collected upon signing up to become a creator. Lemonsocial monitors the site 24 hours a day 7 days a week using our in-house monitoring team.




 

 9. TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

 

10. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

 

11. GOVERNING LAW 

 

These Terms shall be governed by and defined following the laws of California United States and you irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

 

12. DISPUTE RESOLUTION

 

Binding Arbitration

 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the —------------------------------------------------------------------ which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, of arbitration shall be States of Florida. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Florida.



 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Paused Accounts.

If a Creator stops posting, their account is Paused automatically until they choose to start posting again.

You must have at least 1 post per month; otherwise, your account will be set to inactive.
When your account is inactive, new subscribers cannot sign up to your lemonsocial page.
The system will automatically pause your account. If your account is paused, resuming posting will reactivate your account.

Exceptions to Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

 

13. CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

14. DISCLAIMER

 

The Site Is Provided On An As-Is And As-Available Basis. You Agree That Your Use Of The Site And Our Services Will Be At Your Sole Risk. To The Fullest Extent Permitted By Law, We Disclaim All Warranties, Express Or Implied, In Connection With The Site And Your Use Thereof, Including, Without Limitation, The Implied Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-Infringement. We Make No Warranties Or Representations About The Accuracy Or Completeness Of The Site’s Content Or The Content Of Any Websites Linked To The Site And We Will Assume No Liability Or Responsibility For Any (1) Errors, Mistakes, Or Inaccuracies Of Content And Materials, (2) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of The Site, (3) Any Unauthorized Access To Or Use Of Our Secure Servers And/Or Any And All Personal Information And/Or Financial Information Stored Therein, (4) Any Interruption Or Cessation Of Transmission To Or From The Site, (5) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through The Site By Any Third Party, And/Or (6) Any Errors Or Omissions In Any Content And Materials Or For Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of Any Content Posted, Transmitted, Or Otherwise Made Available Via The Site. We Do Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Product Or Service Advertised Or Offered By A Third Party Through The Site, Any Hyperlinked Website, Or Any Website Or Mobile Application Featured In Any Banner Or Other Advertising, And We Will Not Be A Party To Or In Any Way Be Responsible For Monitoring Any Transaction Between You And Any Third-Party Providers Of Products Or Services. As With The Purchase Of A Product Or Service Through Any Medium Or In Any Environment, You Should Use Your Best Judgment And Exercise Caution Where Appropriate

 

15. LIMITATIONS OF LIABILITY

 

In No Event Will We Or Our Directors, Employees, Or Agents Be Liable To You Or Any Third Party For Any Direct, Indirect, Consequential, Exemplary, Incidental, Special, Or Punitive Damages, Including Lost Profit, Lost Revenue, Loss Of Data, Or Other Damages Arising From Your Use Of The Site, Even If We Have Been Advised Of The Possibility Of Such Damages. Notwithstanding Anything To The Contrary Contained Herein, Our Liability To You For Any Cause Whatsoever And Regardless Of The Form Of The Action, Will At All Times Be Limited To The Lesser Of The Amount Paid, If Any, By You To Us Or __________. Certain Us State Laws And International Laws Do Not Allow Limitations On Implied Warranties Or The Exclusion Or Limitation Of Certain Damages. If These Laws Apply To You, Some Or All Of The Above Disclaimers Or Limitations May Not Apply To You, And You May Have Additional Rights.

"If you wish to delete your account with a balance of less than $50 USD, please make sure to apply for a withdrawal to retrieve your funds. Failure to do so may result in the loss of your remaining balance. Please note that we cannot be held responsible for any lost funds.

Thank you for your attention to this matter."

16. IDENTIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

17. USER DATA

 

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. 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 Site, satisfy any legal requirement that such communication be in writing. 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 SITE. 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.

 

19. MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

 

20. CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

 

Lemon Social L.L.C.

1000 Brickell Ave Ste 715 

Miami, Florida 33131

support@LemonSocial.com