By entering and using WWW.LIFESTYLELEMONAID.COM (“Site”), you are agreeing to be bound by the following Terms of Use and Privacy Policy.
If you do not agree to be bound by the Terms of Use and Privacy Policy, then please exit the Site immediately.
The following Terms of Use and Privacy Policy were last revised and updated on August 6, 2010.
1. Agreement to Be Bound. Please read all of the following Terms of Use and Privacy Policy before accessing and/or using any of the content that is available on or through the Site. By accessing and/or using the Site, each user hereby confirms that he or she has read and understood, and agrees to be bound by, all of the Terms of Use and Privacy Policy, including the important warnings, restrictions and disclaimers set forth below.
The Terms of Use and Privacy Policy include, and incorporate by reference, various terms and conditions that are or will be posted at the Site from time to time.
If the user does not agree to be bound by all of the Terms of Use and Privacy Policy and the warnings, restrictions and disclaimers, please exit the Site immediately.
The right to revise and update the Terms of Use and Privacy Policy at any time is expressly reserved, and the continued access to or use of the Site by a user thereafter shall constitute acceptance of such revised and updated terms.
Users should revisit and review the Terms of Use and Privacy Policy, which were last revised on 8-6-10, to familiarize themselves with any additions, deletions or modifications.
2. Ownership of Intellectual Property. All rights in and to the Site, including rights under copyright and trademark to LIFESTYLE LEMONAID and other trademarks, trade dress, titles, original contents, selection, arrangement and coordination of contents, and “look and feel,” are owned and controlled by Nicole Elizabeth Joel (“Owner”). All such rights are reserved and may not be used without the prior written consent of the Owner.
Some of the contents of the Site, including text, photographs, artwork and trademarks, are owned by third parties and are used at the Site by permission of their owners and/or pursuant to the Fair Use Doctrine for purpose of commentary, criticism and reporting.
No sponsorship or endorsement of the Site and/or the Owner by, and no affiliation with, any third parties is claimed or suggested, including but not limited to third parties who may be incidentally mentioned at the Site, who post comments to the Site, and/or whose products and services are mentioned at the Site.
3. General Disclaimer. The Site is intended for entertainment purposes only and does not offer medical, psychological, fitness, nutritional and/or other services. The Owner does not endorse, sponsor and/or guarantee any of the products and services of third parties and/or any of the information and advice that may be mentioned at the Site for purposes of entertainment or comment. Please use caution and common sense in evaluating the contents of the Site, and please consult an appropriate professional regarding any of the information, advice, products and services that may be mentioned at the Site.
4. Content Posted by Users. Users who choose to post comments and/or other content of any kind whatsoever (“User Content”) to the Site are solely responsible for the contents of such User Content. By posting User Content, the user hereby assures the Owner that the User Content does not invade or infringe any rights of any third parties, including but not limited to rights under copyright, trademark, right of publicity, right of privacy, defamation, trade secret, and/or otherwise, and will not result in any loss, damage and/or injury to the User, the Site host, and/or any third parties, and hereby agrees to indemnify, defend and hold harmless the Owner against any claims relating to any such comments. The Owner expressly disclaims any liability and/or responsibility for such comments and reserves the right (but not the obligation) to remove any User Content that has been posted to the Site by users or other third parties if the Owner, in her sole and absolute discretion, deems it appropriate to do so. The Owner also reserves the right to suspend and/or discontinue the ability of users to post User Content at any time in her sole and absolute discretion.
5. Uploading Content. Technical specifications regarding the uploading of User Content may be posted at the Site and/or changed from time to time in the sole and absolute discretion of the Owner.
6. Minors. The Site is intended for use by adults only. Each user must be an adult according to the laws of his or her state of residence. User Content relating to an individual who is under the age of 18 will not be knowingly accepted by the Site and will not be considered for posting at the Site under any circumstances. By entering and using the Site, and/or by posting User Content to the Site, the user represents and warrants that he or she is in full compliance with all terms and conditions of the Terms of Use and Privacy Policy, fully empowered to use the Site and to enter into and perform his or her obligations under the contract created by the Terms of Use and Privacy Policy, and agrees to indemnify, defend and hold the Owner harmless against any liability that may result from such access and use.
7. Use of the Website Not Permitted Where Restricted or Prohibited by Law. Access and use of the Site is not permitted in any place where such access and/or use is restricted or prohibited by law.
8. User Content. It is the sole responsibility of the user to ensure that User Content may be freely used by the Owner as authorized in the Terms of Use and Privacy Policy and to secure in advance and in writing any and all third-party permissions that may be required for the Owner to do so. Users acknowledge and agree that the Owner will rely on the foregoing assurances in accepting and posting User Content.
As to each item of User Content, the following terms shall apply:
8.1 By posting User Content to the Site, the user consents to the use of the User Content, and expressly acknowledges and agrees that the User Content may be viewed and used by other users, all as contemplated in the Terms of Use and Privacy Policy.
8.2 The user represents and warrants to the Owner that the User Content (a) does not depict, describe, identify or otherwise relate to any individuals under the age of 18.
8.3 The user represents and warrants to the Owner that the User Content is an original work of authorship owned and controlled by the user who posted it (except as otherwise provided in Section 8.4 below), and that he or she possesses the complete and unfettered right to use, and to authorize others to use, each item of User Content as set forth in the Terms of Use and Privacy Policy, including but not limit to all content that may be seen, heard and/or otherwise perceived on each item of User of Content.
8.4 To the extent that any item of User Content includes content that was created by, and/or is owned or controlled by, a third party, the user represents and warrants to the Owner that the user has secured prior written permission for the use of such third-party content by the Owner as contemplated elsewhere in the Terms of Use and Privacy Policy, all without expense or liability of any kind whatsoever on the part of the Owner and/or its licensees, successors and assigns, and will provide the Owner with copies such permissions upon request.
8.5 The user hereby grants to the Owner and her licensees, successors and assigns, a non-exclusive, worldwide, royalty-free, irrevocably, and perpetual license to adapt, edit, store, post, transmit, reproduce, display, perform, exhibit and generally use and re-use each item of User Content, in whole and/or in part, alone and/or in conjunction with other content, in any and all media now known or hereafter devised, including but not limited to purposes of advertising, publicity, promotion and marketing of the Site and/or the other products and services of the Owner.
8.6 The user hereby waives and releases all rights and claims that the user may be entitled to assert against the Owner, its licensees, successors and assigns, and users, by reason of any use of the User Content authorized under the Terms of Use and Privacy Policy, including but not limited to claims based on defamation, invasion of privacy, misappropriation of the right of publicity, or otherwise.
8.7 Subject to the license granted to the Owner and its licensees, successors and assigns, copyright in the User Content is reserved by the user who posted it.
8.8 The user is solely responsible for making and keeping back-up copies of User Content, and the Owner shall have no responsibility or liability for damage or destruction of User Content uploaded to the Site.
9. Access to User Content. The Owner reserves the right, in its sole and absolute discretion, to determine the terms and conditions on which access to the Site and the viewing of User Content and/or other content posted at the Site (collectively, “Website Content”) are permitted to various users of the Site and to change such terms and conditions from time to time by amending the Terms of Use and Privacy Policy. The following terms and conditions currently apply to viewing of User Content by users:
9.1 Users are granted permission to access the Site to view Website Content on their personal computers and comparable devices for purposes of their personal edification and entertainment.
9.2 Users may not print out, copy, download, store, retransmit (except as expressly permitted in Section 9.3 below), broadcast, reproduce, or make any other use of the Website Content without the prior written permission of the Owner.
9.3 Users are currently permitted to send links to the Site by email to third parties so long as such links do not falsely suggest any endorsement, sponsorship or affiliation of the Owner and/or the other users with the sender. No framing or deep-linking permitted under any circumstances. The Owner reserves the right to require users to enter into a Linking Agreement and/or to suspend or discontinue linking rights at any time in its sole and absolute discretion.
9.4 The permission granted to users may be revoked by the Owner at any time for any reason or no reason in the Owner’s sole and absolute discretion.
10. Rejection and Removal of User Content. The user acknowledges and agrees that the Owner shall have the right but not the obligation, in its sole and absolute discretion, to review User Content and to reject and/or remove any User Content that it deems to be unacceptable, whether because the User Content does not comply with the Terms of Use and Privacy Policy, or because the User Content is deemed to be offensive or otherwise inappropriate by the Owner, or because a claim has been made that the User Content is violative of law or the rights of a third party, or for any other reason.
11. Reservation of Rights. The Owner reserves all rights under copyright, trademark and other intellectual property rights in and to the Site in its entirety and all Owner-generated content of the Site, including but not limited to LIFESTYLE LEMONAID, and the other titles, trademarks, trade dress, artwork, text, design, audio and visual content, format, configuration, “look and feel,” selection, arrangement and coordination, and all other content of the Site, excluding only the User Content, all rights to which are reserved by the respective users subject to the rights licensed to the Owner as set forth above.
12. Indemnity. Users hereby indemnify, defend and hold harmless the Owner, its shareholders, her partners, joint venturers, principals, subsidiaries and affiliates, and their respective shareholders, officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims, debts, demands, suits, actions, proceedings and/or prosecutions (“Claims”) based on allegations which, if true, would constitute a breach by the user and/or the user’s agents, representatives, employees, contractors, or affiliates, of any term of the Terms of Use and Privacy Policy and Privacy Policy, including but not limited to the representations and warranties set forth above, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. Users shall give prompt notice in writing to the Owner of any Claims. No compromise or settlement of any Claims shall be made or entered into without the prior written approval of the Owner.
13. Cautions and Disclaimers.
13.1 No Endorsement, Sponsorship, Affiliation or Guarantee by the Owner. The Owner does not endorse, sponsor, or guarantee any of the information, advice, comments, goods, services, or other resources that may be mentioned or made accessible throughout the Site, whether by the Owner and/or by users. Users acknowledge and agree that the Owner shall have no such responsibility or liability relating to any aspect of the user’s access to and/or use of the Website Content.
13.2 Opinions of Users. The opinions and views expressed by users do not necessarily represent those of the Owner, who does not investigate, verify, endorse, or support the content of such opinions or views. Users are solely and fully responsible for any User Content that they transmit via the Site. However, the Owner is the final arbiter of what is and is not permissible for inclusion in postings and/or communications transmitted via, or stored on, the Site. The Owner also reserves the right to edit, modify, or remove any content, (including but not limited to text, images, and sound files) submitted to, posted on or transmitted via, the Site and to suspend or eliminate communications among users at any time, for any reason without prior notice.
13.3 No Guarantee Regarding Availability or Quality of Internet Service. The Site may cease to be available, and/or may not operate at peak speed and efficiency, during periods of maintenance and third-party service interruptions and/or by reason of the user’s computer equipment and/or Internet connection and/or for other reasons beyond the control of the Owner. Accordingly, the Owner makes no guarantee regarding the availability or quality of Internet service relating to the Site.
13.4 Special Cautions Regarding Health, Diet, Exercise, Nutrition, Etc. The Site does not offer expert advice or information regarding matters of health, diet, exercise, nutrition, and/or any other matter. The user should consult an appropriate professional for such expert advice and information before using any product, service and/or information that may be mentioned and/or made available at or through the Site. All such products, services, information and advice are used at the user’s sole risk of injury, loss and/or damage and without warranties or guarantees of any kind whatsoever.
13.5 General Disclaimer of Liability. The Site and the Website Contents are made available to Users on an “as-is” basis without warranties or guaranties of any kind, and the Owner disclaims any liability for any injury or damage resulting from the use of the Site, the Website Content, and/or any information, advice, goods, services, or other resources that may be mentioned or made accessible through the Site. Users acknowledge and agree that, in connecting to the Site, information will be transmitted over local exchange, inter-exchange, and Internet backbone carrier lines and through routers, switches, and other devices owned, maintained, and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of the Owner and her vendors and suppliers. Accordingly, the Owner assumes no liability for or relating to the delay, failure, interruption, or corruption of the Site and/or the Website Content, or any portion thereof, or any data or other information transmitted in connection with the use of the Site.
To the greatest extent permitted by law, the Owner disclaims all warranties, either express or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for any particular purpose, regarding the Website Content and/or the other goods and services offered by the Owner.
The Owner, her licensors, and her vendors and suppliers make no representations, warranties or indemnities about the accuracy, reliability, completeness, correctness, or timeliness of the Website Content, or that the Site and/or the Website Content satisfy any applicable laws or government regulations.
14. Advertisements. The Site may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, the owner does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
15. Links to Other Sites. The Site may contain links to third-party websites. If so, these links are provided solely as a convenience to users. The Owner is not responsible for the content of any linked third-party websites, and does not make any representations regarding the content or accuracy of any content or materials on such third-party websites. If users access any linked third-party website, users do so at their own risk. Any use of third-party websites is subject to the terms and conditions and the privacy policy for such websites.
16. Limitations on Liability. The Site and the Website Content are made available to users without warranties, representations or indemnities of any kind whatsoever. THE OWNER, ON BEHALF OF HERSELF AND HER PARTNERS, JOINT VENTURERS, PRINCIPALS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, ASSOCIATES, AFFILIATES, JOINT VENTURERS, AGENTS AND REPRESENTATIVES, SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN COPYRIGHT, TRADEMARK, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). The maximum liability of the Owner to users based on the claim of any person, firm or corporation arising out of or in connection with the Site and/or the Website Content, shall in no case exceed the actual amounts, if any, paid by the user to the Owner.
17. Take-Down Notices Under the DMCA. The Owner will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted to the following Designed Agents.
Service Provider(s): Avetar Interactive (info@avetar.com).
Name of Agent Designated to Receive Notification of Claimed Infringement on behalf of the Owner: Jonathan Kirsch, Esq.
Full Address of Designated Agent to Which Notification to the Owner Should be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067
Telephone Number of Designated Agent: (310) 785-1200
Facsimile Number of Designated Agent: (310) 286-9573
Email Address of Designated Agent: jk@jonathankirsch.com
18. Unacceptable Use Policy. Without limiting or diminishing the rights of the Owner under the Terms of Use and Privacy Policy, the Unacceptable Use Policy as established by the Owner strictly prohibits any and all of the following:
(a) Using the Site to transmit or post any material that contains or contains links to pornography, adult content, sex, or extreme violence or to disseminate or transmit any material that, to a reasonable person, may be abusive, obscene, pornographic, grossly offensive or malicious.
(b) Using the Site to transmit or post any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
(c) Using the Site to harm, or attempt to harm, minors in any way.
(d) Using the Site to transmit or post any material that is defamatory or harassing or which threatens or encourages bodily harm or destruction of property.
(e) Using the Site to make fraudulent misrepresentations or offers including but not limited to offers relating to “pyramid schemes” and “Ponzi schemes.”
(f) Using the Site to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures or another entity’s software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
(g) Using the Site to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other intellectual proprietary or proprietary rights of any third party, including but not limited to, the unauthorized copying and/or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
(h) Using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
(i) Using the Site to disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes or email on a daily basis or to create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication.
(j) Using the Ste to export, ex-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions.
(k) Using the Site or its server as an “open relay” or for similar purposes.
(l) Using the Site for any activity that adversely affects the ability of other people or systems to use the Site or the Internet, including but not limited to using the Site for the dissemination or transmission of any virus, Trojan horse or other malicious, harmful or disability data, work, code or program or for “denial of service” attacks against another website, network or any other person or entity, and/or for interference with or disruption of other websites, services or equipment.
19. Termination. The rights granted to users under the Terms of Use and Privacy Policy shall terminate automatically and without notice as to any such user in the event of any breach or default by the User, and upon such termination, the user shall make no further use of any kind whatsoever of the Site and/or the Website Content. The Owner also reserves the right to suspend, revise and reconfigure, and/or discontinue the Site and/or the Website Content, in whole or in part, at any time in her sole and absolute discretion.
20. Entire Agreement. The Terms of use and Privacy Policy, as they may be amended or modified from time to time by the Owner, represent the complete and entire agreement of the Owner and the users.
21. Applicable Law. The Terms of Use and Privacy Policy shall be interpreted, construed and governed in all respects by the laws of the United States of America and the State of California.
22. Modification and Waiver. The Terms of Use and Privacy Policy may not be modified or altered, and no term or condition may be waived, except by a written instrument signed by an authorized representative of the Owner. No waiver of any term or condition of the Terms of Use and Privacy, or of any breach of the Terms of Use and Privacy Policy and Privacy or any portion thereof, shall be deemed a waiver of any other term, condition or breach of the Terms of Use and Privacy Policy and Privacy Policy or any portion thereof.
23. Severability. If any term or provision of the Terms of Use and Privacy Policy is found to be unenforceable for any reason, the Terms of Use and Privacy Policy shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
24. Notices. Any written notice or delivery under any of the provisions of the Terms of Use and Privacy Policy and Privacy shall be deemed to have been properly made by mailing via traceable mail (if a mailing address has been provided to the Owner) or by email as follows:
If to a User: At the address given by or collected from the user, if any, or by posting to the Terms of Use and Privacy Policy.
If to the Owner: Nicole Elizabeth Joel
C/o Law Offices of Jonathan Kirsch
1880 Century Park East, Suite 515
Los Angeles, CA 90067
Email: jk@jonathankirsch.com
25. Headings. Headings and footers are for convenience only and are not to be deemed part of the Terms of Use and Privacy Policy.
26. Binding on Successors. The Terms of Use and Privacy shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors or assigns of the parties, except that the permission granted to users to upload User Content and the permission granted to users to access and use the Site are personal and non-transferable.
PRIVACY POLICY
The Owner wants users to understand how their personal information, whether provided to the Owner by the user and/or obtained by the Owner through access and use of the Site by users, may be collected and used by the Owner and/or its licensees and affiliates. The Owner’s current Privacy Policy is set forth below.
The Privacy Policy set forth below was last revised on August 6, 2010.
Changes in the Privacy Policy. The Privacy Policy is subject to change from time to time by the Owner. The revised and updated Privacy Policy will be posted here. Users are strongly encouraged to periodically revisit the Website and review the Privacy Policy to keep themselves informed of any changes. As noted above, the Privacy Policy was last revised on August 6, 2010.
Collection and Use of Personal Information. User information is collected automatically when a user visits the Site and when User Content is uploaded. Such personal information may include, but is not limited to, the user’s IP address, email address, and other particulars requested by the Owner and/or provided by the user.
For any transaction requiring payment, credit card and/or other e-commerce information may be collected.
Once information has been collected as described above, the user will not be able to delete his or her profile or any records of his or her activity or usage of the Site from the Owner’s database. Users will, however, be able to review, update or change personal information on file with the Owner. To view personal information or make such changes, user should contact the Owner at jk@jonathankirsch.com.
The Site may employ “Cookie” technology to keep track of a user’s current session and to keep track of a user’s information between visits. Cookies are small text files stored on the user’s computer that a website can use to recognize repeat users and to facilitate each user’s ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. Users should be aware that the Owner cannot control the use of “cookies” by advertisers or third parties hosting data for the Owner.
The Owner may elect to conduct research on the demographics, interests, and behavior of users based upon the information provided and/or collected during the use of the Site, or from surveys and/or generated by or maintained in the server log files for the Site. Such personal information is compiled and analyzed on an aggregated basis, and, occasionally, the Owner may share the aggregated data with advertisers or business partners.
The Owner will not sell or trade the personal information of users to any list broker or direct mail advertisers unless a user specifically give his or her consent to the Owner to do so.
The Owner may sometimes permit third parties to offer goods and services through the Site. In such circumstances, the Owner is not responsible for any actions or policies of such third parties, and users should check the applicable privacy policy and other terms and conditions of such third parties before providing any personal information.
In the event that the Owner’s business is acquired by, merges with, or becomes aligned with another company or business entity, such other company or entity shall be entitled to use the user’s personal information as set forth in the Terms of Use and Privacy Policy.
Children’s Online Privacy. The Site does not provide content or services directed to children or otherwise target children and does not collect personal information from children under the age of 18.
No User Content depicting, describing, identifying or otherwise relating to an individual under the age of 18 may be posted to the Site, and no such User Content and/or other information relating to an individual under the age of 18 will be knowingly solicited or received by the Owner.
Users who have any questions or concerns about the Privacy Policy set forth above are encouraged to contact the Owner’s representative at jk@jonathankirsch.com.
Copyright © 2010 by Nicole Elizabeth Joel. All Rights Reserved.
LIFESTYLE LEMONAID and logo are trademarks of Nicole Elizabeth Joel.
www.lifestylelemonaid.com