Last updated: 14 November 2017
The Service may also be called Software. For purposes of this Terms "Software" means all software programs distributed, published or otherwise made available by LEMONADE LABS or its affiliates including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service and/or checking the “I Accept” checkbox on one of the login/registration/contact pages you agree that you are 16 (sixteen) years or older and you agree to be bound by these Terms. If you, or your legal guardian (if you are younger than 16 (sixteen)) understand or disagree with any part of the terms, or if you are younger than 16 (sixteen) years old, then you may not access, use, install, modify or in any way take part in or of the software.
USE THE SERVICES AT YOUR OWN RISK.
Table of contents
From time to time, the Services may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on the Services, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in the Services. LEMONADE LABS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Linking to our services
LEMONADE LABS consents only to links to the Services in which the link and the pages that are activated by the link. Do not: (a) create frames around any page on the Services or use other techniques that alter in any way the visual presentation or appearance of any content within the Services; (b) misrepresent your relationship with LEMONADE LABS; (c) imply that LEMONADE LABS approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about LEMONADE LABS or otherwise damage the goodwill associated with the LEMONADE LABS name or trademarks. As a further condition to being permitted to link to the Services, you agree that LEMONADE LABS may at any time, in its sole discretion, terminate permission to link to the Services. In such event, you agree to immediately remove all links to the Services and to cease any related use of LEMONADE LABS trademarks.
We reserve the right, at our sole discretion, to modify, amend or replace these Terms at any time. Your continued use of the Service following any revisions to these Terms will confirm that you have agreed to the modified or amended terms.
Conditions of sale
- All offers and other expressions of LEMONADE LABS are without obligation, unless we have indicated otherwise in writing. The Client guarantees the correctness and completeness of the information provided by or on behalf of the supplier to which the supplier has based his offer.
- All prices are exclusive of turnover tax (VAT) and other levies that are or will be imposed by the government. All prices made known by the supplier are always in euros and the customer must pay all payments in euros.
- No rights or expectations can be derived by the customer from a preliminary calculation or budget, unless the parties have agreed otherwise in writing. A budget made available by the customer to the supplier only applies as a (fixed) price agreed between the parties for the performances to be performed by the supplier if this has been expressly agreed in writing.
- If, according to the agreement between the parties, the customer consists of several natural persons and / or legal entities, each of those (legal) persons shall be bound by the supplier to perform the contract.
- With regard to the services performed by the supplier and the amounts owed by the customer, the data from the supplier's records provide complete proof, without prejudice to the customer's right to provide proof to the contrary.
- If there is a periodic payment obligation from the customer, the supplier is entitled to adjust the prices and rates in writing in accordance with the index or other standard included in the agreement to the term stated in the agreement. If the agreement does not explicitly provide for the supplier's option to adjust the prices or rates, the supplier shall always be entitled to adjust the applicable prices and rates in writing with due observance of a period of at least three months. If the customer in the latter case does not agree with the adjustment, the customer is entitled within thirty days after notification of the adjustment to cancel the agreement in writing with effect from the date on which the new prices and / or rates would come into effect.
- The parties will record in the agreement the date or dates on which the supplier charges the fee for the agreed services to the customer. Amounts due are paid by the customer according to the agreed payment conditions or on the invoice. The Client is not entitled to suspend any payment or to settle any amounts due.
- If the customer does not pay the amounts due or does not pay them on time, the customer is liable to pay statutory interest on trade agreements for the outstanding amount, without a reminder or notice of default being required. If the customer remains in default after notice of default to pay the claim, the supplier can hand over the claim, in which case the customer in addition to the total amount due is also obliged to reimburse all judicial and extrajudicial costs, including all costs calculated by external parties experts. This is without prejudice to the other statutory and contractual rights of the supplier.
- The risk of loss, theft, misappropriation or damage to items, data (including: user names, codes and passwords), documents, software or data files that are produced, delivered or used within the framework of the execution of the agreement, will be transferred to customer at the moment when these are placed in the actual disposal power of the customer or an auxiliary person of the customer.
- The Client will not remove or change any indication(s) concerning the confidential nature or concerning copyrights, brands, trade names or any other intellectual property right from the software, websites, databases, equipment or materials.
- Indien leverancier op verzoek of met voorafgaande instemming van klant werkzaamheden of andere prestaties heeft verricht die buiten de inhoud of omvang van de overeengekomen werkzaamheden en/of prestaties vallen, zullen deze werkzaamheden of prestaties door klant worden vergoed volgens de overeengekomen tarieven en bij gebreke daarvan volgens de gebruikelijke tarieven van leverancier. Leverancier is niet verplicht aan een dergelijk verzoek te voldoen en hij kan verlangen dat daarvoor een afzonderlijke schriftelijke overeenkomst wordt gesloten.
- You are granted a limited, non-transferable right to access and use the Service for your personal, non-commercial use only. Nothing in these Terms constitutes, or is meant to constitute, a transfer of any intellectual property rights to you. The Service is provided “as is” and no warrant is made by us of any kind whatsoever, including, but not limited to, availability, performance, functionality, security of the Service or that the Service is fault free.
- Our user community often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.
- You are responsible for providing all necessary, compatible hardware and software to use the Service, and you are aware that the availability and performance of the Service are subject to any and all limitations connected therewith. We are under no obligation to assist you with any support for the Service.
- You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not: (a) enable or allow others to use the Service, Software, or content using your account information; (b) use the content or Software included in the Services to construct any kind of database; (c) access or attempt to access the Services by any means other than the interface we provided or authorized; (d) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (e) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.); (f) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) attempt to disable, impair, or destroy the Services, software, or hardware; (h) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way), (i) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages; (j) place advertisement of any products or services in the Services except with our prior written approval; (k) use any data mining or similar data gathering and extraction methods in connection with the Services.
- You are responsible for a secure internet connection when using our Services. For example, do not use any open WiFi networks.
- When you’re using the Service you must not act in a way that could be unlawful or that could encourage others to act unlawfully. You may not infringe intellectual property rights or engage in any criminal offence or encourage anyone else to do so. You are responsible for all obligations towards third parties you may consent to while using the Service, including but not limited to any obligation to pay fees, costs, royalties or other remuneration. You may not transfer the rights and obligations you may have according to these Terms on a third party.
- You may not copy, modify, host, stream, sublicense, resell, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
- Do not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
- Do not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- Do not upload viruses or other malicious code or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful, or otherwise compromise the security of the Services.
- Do not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- Do not probe, scan, or test the vulnerability of our Services or any system or network.
- Do not encourage or promote any activity that violates these Terms.
- Do not use the Service in a way that could affect the Service, or other technology connected to it (for example, do not do anything that could affect our provision of the Service to other users or that would affect the devices of our other Service users).
- You agree to indemnify LEMONADE LABS against any claims, damages, fees, losses, costs or expenses arising directly or indirectly out of your use of the Service and/or any breach by you of these Terms.
- You agree to give us the right to use your personal data and / or usage data for purposes of our research.
- Do not use the Service when you have read this terms and / or feel uncomfortable by our actions.
- Notwithstanding anything else in these Terms to the contrary and to the fullest extent permitted by applicable law, we are in no way liable to you or any third party for any claims, damages, fees, losses, costs or expenses arising directly or indirectly as a result of the Service being used by you or any other person, being unavailable, not operating as expected or causing loss or damage to any data.
- If any provision in these Terms should be held invalid, void or unenforceable by any competent authority, in whole or in part, the validity and enforceability of other provisions in these Terms shall not be affected.
- By using our services you give us permission to record you on motion picture while you are using one of our services.
- Do not use any of our Services in situations that may cause injury, brings yourself in danger, or other damage to people, animals or any objects.
- Do not use our Services in a way that would distract you from obeying traffic or safety laws.
- LEMONADE LABS does not accept unsolicited feedback, suggestions or other information about the Services or other aspects of its business. If you provide LEMONADE LABS with feedback or other ideas, you agree that we are free to use any feedback provided by you for any purpose (without compensation to you), including, without limitation, improving its products and services and creating derivative products.
If you have any questions concerning this agreement, you may contact firstname.lastname@example.org or use the contact form at our homepage.