HOW WE PROTECT YOUR PRIVACY
We’ve broken this policy down into different sections so you can better understand what areas are applicable to you.
POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE
We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
THE TYPE OF INFORMATION WE COLLECT FROM YOU
2. Personal Information from customers
If you are collecting any sensitive Personal Information from your customers (for example and including information relating to medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or sexuality), you agree to obtain affirmative, express consent from your customers for the use and access of sensitive Personal Information by LemonStand and other third parties.
Information we collect from our customers.
In order to offer The Services, we need to collect information from our customers. Here is a summary of the information that we collect from our customers and what we do with it:
- We collect your name, email address, phone number and IP address. We need this information to provide you with our Services, for example, to confirm your identity and contact you.
- You may voluntarily provide additional information related to the registered account.
- We collect data about the LemonStand-hosted web pages that you visit. We also collect data about how and when you access your account in order to give you access and at the same time improve our Services.
- When you voluntarily share personal information with us in the course of offering your products for sale and using our services, we store that Personal Information.
- When transactions between you and our website involve payment by credit card, debit card, checks, money orders, and/or third party online payment services, we will collect information related to the transaction as part of the course of doing business with you, including billing address, telephone number, and other information related to the transaction.
- When you share personal information about your customers, we store that information for you so that you can process orders and better serve your customers.
This information is collected when you sign up for our Services, when you access our Services or otherwise provide us with the information. In some circumstances, when you have given us express permission, we will also use and store your personal information.
3. Information from LemonStand merchant’s customers
In order to provide you with our product and services, we store information about your customers so that you can administer your online store. Here is some more details on what information we collect and why.
- We allow you to collect the name, email, and any other personal information from your customers. Name and email are needed to allow individuals to access our Services for processes such as processing registrations, guest orders, authentication, or otherwise administering your store. This information is given on a voluntary basis when a customer uses or accesses our Services, for example when a customer visits a LemonStand powered website, completes an order, or signs up for an account on a LemonStand powered website.
- As a customer uses your website we collect information about how they interact with their orders and account, including but not limited to, their status of their orders as they complete fulfillment, product reviews,and other customer activities.
- While we technically process this information via the LemonStand platform in order to administer The Services, you have the ability to access and remove this information at any point. We do not access this information unless requested by a LemonStand customer.
- Some transactions between your customers and our website or your online store may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including a billing address, telephone number, and other information related to the transaction.
4. Information from Partners and Affiliates
Individuals who qualify as partners or affiliates are businesses or individuals that have agreed to specific terms to work with LemonStand to promote the Service by a) referring clients to LemonStand; b) developing LemonStand sites or themes for customer use; c) developing apps or integrations using the LemonStand Application Interface (API) for customer use or d) partnering with LemonStand for the purposes of promotion or collaboration.
Information that we collect about partners and affiliates
- We may collect your name, company name, website, social media usernames/handles, phone number(s), address, business type, email address, PayPal Account, and GST/HST number (or local tax identifiers).
- We collect data about the LemonStand-hosted webpages that you visit and how and when you access your account, including information about the device and browser you use, your network connection and your IP address. We use this information to give you access and to improve our Services.
- We collect Personal Information about your customers that you share with us or that they provide to us directly. We use this information to work with you and to provide our Services to your customers.
- We may also use Personal Information in other cases where you have given us express permission.
- We collect this information when you sign up for a Partner or Affiliate Account, when you sign up one of your customers for our Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.
5. Information from LemonStand website visitors and support users
- We collect information from visitors to the LemonStand website and your IP address. We also collect information such as when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, location data, and the type of web browser that you are using.
- We also collect Personal Information submitted by you via any messaging or email feature available from any of our websites.
- We may also receive Personal Information when you submit help tickets or make other requests to LemonStand via any of our websites.
- From telephone support users, we collect your name and phone number.
- From support users (people who email us or use in app chat for support), we collect your name, email address, location, LemonStand site address and details, and the email or chat conversation with a LemonStand agent.
- From forums, discussions and other communication mediums, we may also collect your name and email address.
- We use this information to provide and enhance our Services (including servicing your account, if applicable), and answer any questions you may have.
- We collect this information when you visit LemonStand-hosted webpages, use Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.
6. Information from cookies and similar tracking technology
We collect cookies or similar tracking technologies. This means information that our website’s servers transfer to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.
- Opting out: You can opt out of targeted ads served via specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
- We may also use automated tracking methods on our websites, in communications with you, and in our products and services, to measure performance and engagement.
- Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser
7. Information that we share with third parties
LemonStand works with third parties to help provide you with our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also receive Personal Information from our partners and third parties.
- Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to The Services, or as otherwise required by law.
- Personal Information may be shared with third-party vendors to help us conduct marketing and/or advertising campaigns.
- Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our homepage.
LemonStand will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 7.
8. Terminating your relationship with us
- We will continue to store archived copies of your Personal Information for legitimate business purposes and to comply with the law.
- We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve our Services.
9. What we don’t do with your Personal Information
- We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies (other than to specific LemonStand customers you may be interacting with) for the marketing of their own products or services.
- If you are a customer using LemonStand’s Services, we do not use the Personal Information we collect from you or your customers to independently contact or market to your customers. However, LemonStand may contact or market to your customers if we obtain their information from another source, such as from the customers themselves.
10. Keeping your personal information secure
- We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other Personal Information entrusted to us. Our information security systems apply to people, processes, and information technology systems on a risk management basis.
- We exclusively process payments through PCI DSS Level 1 certified payment providers, which is the highest level of compliance available.
- No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
11. Residents of the European Economic Area (“EEA”)
LemonStand works with merchants and users around the world, including in the EEA. Please note that as part of our service, we may transfer your personal information to other regions, including to Canada and the United States.
Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.
12. How do we protect your information across borders?
LemonStand eCommerce Inc. is a Canadian company, we provide services to customers and our technology processes data from users around the world. Accordingly, LemonStand may transmit your personal information outside of the country, state, or province in which you are located. If you are located in the EEA or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact us using the information below.
13. User Names and Passwords
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a username and password for access to certain parts of our website, you are responsible for keeping the username and password confidential. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet. 14. Accessing and Correcting your Information
If you have a customer account with us, you can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an email at email@example.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you are a customer of a LemonStand powered website and would like to access, change, or delete your personal information please contact the store owner that you interacted with directly. We act as a processor on their behalf and can only forward the request to the course provider.
15. Your Voluntary Disclosure of Information to Third Parties Who Are Not Our Suppliers
You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.
We may use autoresponders to communicate with you by email. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an email to firstname.lastname@example.org, or sending us mail to the address listed below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, including the illegal acts of third parties (such as criminal hacking).
17. Policy Changes
If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an email to email@example.com, or one of the methods provided under Contact Information, and providing us with information relating to your concern.
LemonStand eCommerce Inc.
#126 - 2416 Main Street
Vancouver, BC, V5T 3E2
+1 (604) 398-4188
To access your account
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LemonStand Terms & Conditions
LemonStand eCommerce Inc. ("LemonStand") provides a collection of tools and resources to manage an online store, process orders and sell products online and related professional and other services (collectively, the "Services"). The following are the terms and conditions for use of the Services (the Terms), along with any amendments thereto and any operating rules or policies that may be published from time to time by LemonStand.
1. Services and Support
1.1 The Services are provided subject to these Terms and any operating policies that LemonStand may establish (collectively, the "Agreement"). LemonStand may make changes to this Agreement, and continued use of any Services constitutes Customer's acceptance of any such changes. In addition, when using particular LemonStand services, Customer and LemonStand shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provides a collection of tools and resources to manage an online store, process orders and sell products online. In addition, the Services may include professional consulting services relating to your use of the LemonStand's tools and resources.
1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer's LemonStand account. Customer is responsible for maintaining the security of the Customer account, passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. LemonStand reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services ("Software"); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with LemonStand's terms as published below and at LemonStand.com/privacy and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. Customer hereby agrees to indemnify and hold harmless LemonStand against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although LemonStand has no obligation to monitor the content provided by Customer or Customer's use of the Services, LemonStand may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to LemonStand. LemonStand may use this information and any technical information about Customer's use of this web site to tailor its presentations to Customer, facilitate Customer's movement through this web site, or communicate separately with Customer. LemonStand will not provide information to companies Customer has not authorized, and LemonStand will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
3.1 Customer may terminate this Agreement at any time by sending an email message to support@LemonStand.com or by sending written notice to LemonStand at 912-525 Seymour Street, Vancouver, BC, V6B 3H7, Canada.
3.2 LemonStand may terminate this Agreement or the Services at any time with or without cause, and with or without notice. LemonStand shall have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason, LemonStand may delete any Customer archived data within 14 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
3.4 If Customer does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at LemonStand's sole discretion) as inactive, LemonStand will notify Customer by email. INACTIVE ACCOUNTS HAVE 14 dayS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS, MAY BE PERMANENTLY REMOVED FROM THE DATABASE.
4. Warranty Disclaimer
CUSTOMER USES THE SERVICES AT ITS OWN RISK. LEMONSTAND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION, ANY PROFESSIONAL SERVICES YOU MAY RECEIVE FROM LemonStand). THE SERVICES ARE PROVIDED "AS IS" AND LemonStand DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY LEMONSTAND, LEMONSTAND AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF LemonStand HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Export of Services or Technical Data
Customer may not remove or export from Canada or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
7. Customer Content, Name, Trademarks and Feedback
7.1 We do not claim any intellectual property rights over the Materials you provide to the LemonStand service. All Materials you upload remains yours. You can remove your LemonStand store at any time by deleting your Account.
7.2 By uploading Materials to a LemonStand store, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow LemonStand to store, and in the case of Materials you post publicly, display, your Materials; and (c) that LemonStand can, at any time, review all the Materials submitted to its Service, although LemonStand is not obligated to do so.
7.3 You retain ownership over all Materials that you upload to a LemonStand store or collect in operating a LemonStand store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
7.4 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
7.5 Name and Trademarks. Customer hereby grants LemonStand a non-exclusive right and license to use Customer’s name and such of Customer’s trade names, trademarks, and service marks (collectively, "Customer’s Marks") as are provided to LemonStand in connection with this Agreement (a) on LemonStand's own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing LemonStand's Services and (c) in applications reasonably necessary and ancillary to the foregoing.
7.6 Customer Content. Some of the features of this website or the Services found at this website may allow Customer to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, feedback or advice ("Customer Feedback"), or (b) literary, artistic or other content, including but not limited to photos and videos ("Customer Submissions") (Customer Feedback together with Customer Submissions, "Customer Content"). By providing Customer Content to LemonStand via any method (e.g. site submission, email, survey responses, etc.), Customer represents and warrants to LemonStand that (i) Customer has all necessary rights to distribute Customer Content via this website or via the Services found at this website, either because Customer is the author of the Customer Content and has the right to distribute the same, or because Customer has the appropriate distribution rights, licenses and/or permissions to use, in writing, from the copyright or other owner of the Customer Content, and (ii) Customer does not violate the rights of any third party.
7.7 License to LemonStand. LemonStand will have the right to use and disclose any Customer Content posted to LemonStand's corporate websites or submitted directly to LemonStand for any lawful purpose. In no event will Customer or anyone else be entitled to any compensation or acknowledgement for LemonStand's use of any Customer Content. Customer's provision of Customer Content is entirely voluntary and will not create any confidentiality obligation for LemonStand. By submitting Customer Content, Customer hereby grants LemonStand an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display Customer Content (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed, and (b) use (and permit others to use) Customer Content in any manner and for any purpose (including, but not limited to, commercial purposes) that LemonStand deems appropriate in its sole discretion (including, but not limited to, to incorporating Customer Content (or any modification thereto), in whole or in part, into any technology, product or service. The provisions in this Section apply specifically to LemonStand's use of Customer Content posted to LemonStand's corporate websites or submitted directly to LemonStand. The provisions in this Section are not intended to and do not have the effect of transferring any ownership (including intellectual property rights) Customer may have in content posted to Customer's hosted sites or granting any license (including intellectual property rights) to content posted to Customer's hosted sites (other than as necessary for LemonStand to host Customer's sites and provide the Services). Customer will be solely responsible for any and all of the Customer Content that is submitted through Customer’s account, and the consequences of, and requirements for, distributing it.
8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
8.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
8.3 No agency, partnership, joint venture or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind LemonStand in any respect whatsoever.
8.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
8.5 This Agreement shall be governed by the laws of the Province of British Columbia in Canada without regard to its conflict of laws provisions.
8.6 We reserve the right to modify our pricing and we will notify you by email when this occurs.
9. Payment and Renewal of Service
9.1 Term of Service. The term of Customer's subscription to the Services commences upon Customer's acceptance of these Terms and terminates as set forth above.
9.2 Payment. Customer agrees to pay all applicable fees for Services in effect at the time of registration, first use and/or renewal, subject to these Terms as same may be modified by LemonStand from time to time.
9.3 Automatic Renewal of Account and/or Domain. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's hosting account, LemonStand will automatically renew Customer's hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Likewise, as a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's domain, if registered with LemonStand (or one of its Affiliates), or if transferred to and registered with LemonStand (or one of its Affiliates), LemonStand will automatically renew Customer's domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's originally-selected method of payment. Customer acknowledges and confirms that the obligation to renew her/his/its account or domain is solely and exclusively the responsibility of the Customer, and is not the obligation (contractual or otherwise) of LemonStand. While consenting to LemonStand's performance of said courtesy, Customer hereby releases LemonStand from all liability for its failure for any reason to renew said account or said domain. Customer acknowledges that there may be many reasons why LemonStand is unable to renew said account or domain, including but not limited to inability of LemonStand, for any reason, to bill said renewal to Customer's credit card, to contact or otherwise get response from Customer at last known email address, or otherwise. Customer acknowledges that said account and/or domain, if not renewed, for whatever reason, will expire on the account or domain expiration date, as applicable.
9.4 Cancellation of Automatic Renewal of Account or Domain. To cancel Automatic Account Renewal or Automatic Domain Renewal, Customer must notify LemonStand of Customer's intent to cancel at least sixteen (16) days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to LemonStand, as applicable, by sending same via email to support@LemonStand.com. LemonStand agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Customer, and Customer's hosting account and/or domain, as applicable, shall expire on the account expiration date.
9.5 Cancellations and Refunds. LemonStand does not provide a money back guarantee for new account registrations under any circumstances.
9.6 Prohibited Offerings. No Customer may utilize the Services to provide, sell or offer to sell the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
9.7 Obscene language. Obscene or threatening subject matter in the site content and in the domain name are prohibited.
9.8 Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
9.9 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. LemonStand is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
9.10 Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
9.11 Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
9.12 Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
9.13 Anonymous Proxies. LemonStand does not allow the use of anonymous proxy scripts on its servers.
9.14 Export Control Violations. The exportation of encryption software outside of Canada and/or violations of Canadian law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside Canada without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by Canadian federal, state or local law, or by any other applicable law.
9.15 Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. LemonStand is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
9.16 Other Illegal Activities. The use of the Services to engage in any activity that is determined by LemonStand, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. LemonStand will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
9.17 Backup Storage. LemonStand offers its Services to host ecommerce web sites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice.
9.18 Other Activities. Engaging in any activity that, in LemonStand's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, LemonStand's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of LemonStand's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with LemonStand in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.
9.19 COPYRIGHT NOTICE INFRINGEMENT INFORMATION. In accordance with the Digital Millennium Copyright Act, LemonStand has adopted a policy that provides for termination of websites hosted by LemonStand that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by LemonStand or an LemonStand subsidiary, and the copyright holder wants LemonStand to remove the website or disable the material in question, LemonStand will remove the website or disable the material if the copyright holder provides us with all of the following information.
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
9.20 Backups. For its own operational efficiencies and purposes, LemonStand from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON LemonStand SERVERS, AND UNDER NO CIRCUMSTANCES WILL LemonStand BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER'S FILES AND/OR DATA ON ANY LemonStand SERVER.
9.21 Governing Law. These Terms shall be governed by the laws of the Province of British Columbia without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of LemonStand, Customer agrees that all disputes, if any, involving LemonStand shall be subject exclusively to the jurisdiction of the Province and Federal Courts within the Province of British Columbia; provided, further, that all action brought against LemonStand in Provincial Court must be brought in British Columbia, Canada. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving LemonStand. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under British Columbia long arm statute or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against LemonStand outside the State of New South Wales; and, that Customer, if involved before a court in a lawsuit outside of the Province of British Columbia, shall be deemed to support and to stipulate to a motion made by LemonStand to dismiss said lawsuit with respect to LemonStand.
9.22 WARRANTY DISCLAIMER. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. LEMONSTAND HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY LEMONSTAND OR LEMONSTAND'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES OR PROFESSIONAL CONSULTANTS, SHALL CREATE A WARRANTY. LEMONSTAND DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. LEMONSTAND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. LEMONSTAND DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICES OF LEMONSTAND IN PARTICULAR.
9.23 LIMITATIONS ON LEMONSTAND'S LIABILITY. LEMONSTAND SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL LEMONSTAND BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LEMONSTAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LEMONSTAND SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. LEMONSTAND'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL LEMONSTAND'S LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO LEMONSTAND FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, LEMONSTAND'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9.24 Indemnification of LemonStand. You, the Customer, agree to defend, indemnify and hold LemonStand, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from LemonStand's own gross negligence or willful misconduct. LemonStand reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.