Terms and conditions
1. Introduction and Basic Provisions
A. The www.BuyMyLemonade.com website and any of its subsidiary websites (the "BML
Website") is owned and operated by BML Web Development and Communication limited
liability company ("BML"). By using or visiting the BML Websites or any products, software,
links, data feeds, or services provided to you on, from, or through the BML Website (collectively,
the "Service") you signify your agreement to (1) these terms and conditions (the "Terms and
B. Although we may attempt to notify you if and when significant changes are made to these
versions at www.BuyMyLemonade.com/Terms and www.BuyMyLemonade.com/privacy.
BML may, in its sole discretion, modify or revise these Terms and Conditions and/or the Privacy
Policy at any time, and you agree to be bound by such modifications or revisions.
C. These Terms and Conditions apply to all users of the Service, including users who are also
contributors of Content on the BML Websites. "Content" includes the text, software, scripts,
graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and
other materials you may view on, access through, or contribute to the BML Websites. The
Service includes all aspects of the BML Websites, including but not limited to all products,
software and services displayed, reviewed, promoted or offered via the BML Websites.
D. The BML Websites may contain links to third party websites that are not owned or controlled
by BML. BML has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, BML will not and cannot censor or
edit the content of any third-party site. By using the Service, you expressly relieve BML from
any and all liability arising from your use of any third-party website. Accordingly, we encourage
you to be aware when you leave the BML Websites and to read the terms and conditions and
2. BML Accounts
A. In order to access some features of the Service, you will have to create a BML account. You
may never use another's BML account without permission. When creating your BML account,
you must provide accurate and complete information. You are solely responsible for the activity
that occurs on your BML account, and you must keep your BML account password secure. You
must notify BML immediately of any breach of security or unauthorized use of your BML
B. Although BML will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of BML or others due to such unauthorized use.
C. In order for organization to open an account and receive money it needs to open a PayPal account. all PayPal account holders must be at least 18 years old
3. General Use Provisions
BML grants you permission to access and use the Service as set forth in these Terms and
Conditions, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without
BML 's prior written authorization, unless BML makes available the means for such distribution
through functionality offered on the BML Websites.
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than through
methods provided on the BML Website or other explicitly authorized means BML may
D. You agree not to use the Service for any of the following commercial uses unless you obtain
BML 's prior written approval:
3. the sale of access to the Service;
A. the sale of advertising, sponsorships, or promotions placed on or within the Service or
B. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog
or website containing Content delivered via the Service, unless other material not
obtained from the BML Websites appears on the same page and is of sufficient value
to be the basis for such sales.
E. Prohibited commercial uses do not include any use that BML expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Service in a manner that sends more request
messages to the servers for the BML Websites in a given period of time than a human can
reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, BML grants the operators of public search engines permission to
use spiders to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but not caches or
archives of such materials. BML reserves the right to revoke these exceptions either generally
or in specific cases. You agree not to collect or harvest any personally identifiable information,
including account names, from the Service, nor to use any communication systems provided by
the Service (e.g., comments, email) for any commercial solicitation purposes.
G. In your use of the Service, you will comply with all applicable laws, rules and regulations.
H. BML reserves the right to discontinue any aspect of the Service at any time.
4. Content Use
In addition to the general restrictions above, the following restrictions and conditions apply
specifically to your use of Content.
A. The Content on the BML Websites, including the trademarks, service marks and logos on the
BML Websites, are owned by or licensed to BML (or are otherwise permitted to be displayed on
the BML Websites), and are subject to trademark rights, copyrights and other intellectual
property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal
use solely as intended through the provided functionality of the Service and as permitted under
these Terms and Conditions. You may not download any Content unless you see a "download"
or similar link displayed on the BML Websites for that Content. You may not copy, reproduce,
distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any
other purposes without the prior written consent of BML or the respective licensors of the
Content. BML and its licensors reserve all rights not expressly granted in and to the Service and
C. You agree not to circumvent, disable or otherwise interfere with security-related features of
the Service or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of
sources, and that BML is not responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such Content. You further understand and acknowledge that you
may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may
have against BML with respect thereto, and, to the extent permitted by applicable law, agree to
indemnify and hold harmless BML, its owners, operators, affiliates, licensors, and licensees to
the fullest extent allowed by law regarding all matters related to your use of the Service.
5. Your Content and Conduct
A. As a BML account holder you may submit Content to the Service, including text, images and
user comments. You understand that BML does not guarantee any confidentiality with respect
to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting
and publishing your Content on the BML Websites. You agree not to upload any pornographic
or obscene content onto the BML Websites. You affirm, represent, and warrant that you own or
have the necessary licenses, rights, consents, and permissions to publish Content you submit;
and you license to BML all patent, trademark, trade secret, copyright or other proprietary rights
in and to such Content for publication on the Service pursuant to these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting
Content to the BML Website, you hereby grant BML a worldwide, non-exclusive, royalty-free,
sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works
of, display, and perform the Content in connection with the Service and BML 's (and its
successors' and affiliates') business, including without limitation for promoting and redistributing
part or all of the Service (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the Service a non-exclusive license to
access your Content through the Service, and to use, reproduce, distribute, display and perform
such Content as permitted through the functionality of the Service and pursuant to these Terms
and Conditions. The above licenses granted by you in any video or image Content you submit to
the Service terminate within a commercially reasonable time after you remove or delete your
videos or images from the Service. You understand and agree, however, that BML may retain,
but not display, distribute, or perform, server copies of your videos and images that have been
removed or deleted. The above licenses granted by you in user comments or other text you
submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party
copyrighted material, or material that is subject to other third party proprietary rights, unless you
have permission from the rightful owner of the material or you are otherwise legally entitled to
post the material and to grant BML all of the license rights granted herein.
E. You further agree that you will not submit to the Service any Content contrary to or in
violation of any applicable laws, rules or regulations of any jurisdiction.
F. BML does not endorse any Content submitted to the Service by any user or other licensor, or
any opinion, recommendation, or advice expressed therein, and BML expressly disclaims any
and all liability in connection with Content. BML does not permit copyright infringing activities or
any infringement of intellectual property rights on the BML Websites, and BML will remove all
Content if properly notified that such Content infringes on another's intellectual property rights
and BML, at its discretion, determines (or reasonably suspects) that such content infringes (or
likely infringes) on intellectual property rights. BML reserves the right to remove Content without
6. Charitable Donations
A. The BML Websites is designed to allow a user with a BML account to request that a portion
of the proceeds (if any) received by BML from any transactions by that user purchasing any
goods or services via the BML Websites be donated to a non profit organization or a for profit
school selected by that user. BML's policy is to make such donations only to either: (i) for profit
schools; or (ii) non profit organizations that are listed by the United States and or Canada
Internal Revenue Service as an organization that may receive tax-deductible donations
pursuant to U.S. and Canada laws. While BML will take efforts to verify that any organization to
which it makes any donations pursuant to a user's request is one of such aforementioned types
of organization, BML does not provide any tax advice, does not make any recommendations or
provide any assurances regarding any non profit organization or for profit school and cannot
guaranty that any particular donation is tax deductible under the laws, rules or regulations of the
United States and/or Canada or any other jurisdiction.
B. Each user of the BML Website is solely responsible for making his, her or its own
determinations and decisions regarding any matters related to donations and whether any such
donations are tax-deductible under the laws, rules or regulations of the United States and/or
Canada or any other jurisdiction. Any donation made by BML out of funds that belong to BML
may be tax-deductible for BML, but any such donation is not tax-deductible to any BML account
holder who requested such donation to be made by BML.
C. BML will not make a donation: (i) to any organization that BML cannot, to its reasonable
satisfaction, determine appears to be either (A) a for profit school or (B) an entity eligible to
receive tax-deductible donations pursuant to the laws of the United States; (ii) to any
organization that BML determines, in its reasonable discretion, is involved or likely involved in
illegal or otherwise inappropriate activities that could expose BML or any other party to any form
of harm or damage; or (iii) that BML determines or reasonably suspects, in its reasonable
discretion, would violate any applicable laws, rules or regulations (including, but not limited to,
any laws, rules or regulations prohibiting transferring funds to certain individuals, organizations
or geographic areas). If any user requests (pursuant to the applicable terms and conditions of
the BML Websites) that a donation be made to an organization that BML determines, pursuant
to this Section 6.C., cannot or should not receive a donation, BML will instead donate the
amount that would have otherwise been donated by BML to such requested organization to
another non profit organization or for profit school selected by BML at its sole discretion.
D. A donation by BML to any particular non profit organization or for profit school must in the
amount of at least $100.00 before it is made. If any requested donation is less than that
minimum amount, the requested donation will, at BML 's discretion, be retained by BML until
the total requested donations to that same organization exceed that minimum amount (at which
time the donation will be made if BML has received payment of the funds from which the
requested donations are to be made) or donated to another non profit organization or for profit
school selected by BML at its sole discretion.
7. Account Termination Policy
A. BML will terminate a user's access to the Service if the user is determined by BML to be a
repeat infringer of intellectual property rights or otherwise a repeat violator of these Terms and
B. BML reserves the right to decide whether Content violates these Terms and Conditions for
reasons other than copyright infringement, such as, but not limited to, pornography, obscenity,
or excessive length. BML may at any time, without prior notice and in its sole discretion, remove
such Content and/or terminate a user's BML account for submitting such material in violation of
these Terms and Conditions.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon
your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
B. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
C. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
D. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
E. Information reasonably sufficient to permit the service provider to contact you, such as
an address, telephone number, and, if available, an e-mail address;
F. A statement that you have 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; and
G. A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
8. BML 's designated Copyright Agent to receive notifications of claimed infringement is BML
Copyright Agent, 20 Valkyrie Crescent, Dartmouth Nova Scotia B2W 5B6 Canada email:
copyright@BuyMyLemonade.com. For clarity, only DMCA notices should go to the Copyright
Agent. Any other feedback, comments, requests for technical support, and other
communications should be directed to BML customer service through
firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the
requirements of this Section 8.A., your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was
disabled) is not infringing, or that you have authorization from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the material in your Content, you may
send a counter-notice containing the following information to the Copyright Agent:
C. Your physical or electronic signature;
D. Identification of the Content that has been removed or to which access has been
disabled and the location at which the Content appeared before it was removed or
E. A statement that you have a good faith belief that the Content was removed or disabled
as a result of mistake or a misidentification of the Content; and
F. Your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the state and federal courts in Orange County, California,
and a statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, BML may send a copy of the counter-
notice to the original complaining party informing that party that BML may replace the removed
Content or cease disabling it. Unless the copyright owner files an action seeking a court order
against the Content provider or user, the removed Content may be replaced, or access to it
restored, after receipt of the counter-notice, at BML's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, BML, ITS MANAGERS, OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. BML MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ANY OF
THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. BML DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED,
ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY HYPERLINKED
SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. BML
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. BML WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF ANY 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
10. Limitation of Liability
IN NO EVENT SHALL BML, ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO OR USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BML IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BML SHALL NOT BE LIABLE
FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. The Service is controlled and offered by BML from its facilities
in Canada. BML makes no representations that the Service is appropriate or available for use in
other locations. Those who access or use the Service from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold
harmless BML, and its managers, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and access to the
Service; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any
third party right, including without limitation any copyright, property, or privacy right; or (iv) any
claim that your Content caused damage to a third party. This defense and indemnification
obligation will survive these Terms and Conditions and your use of the Service.
12. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth in these Terms
and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you
affirm that you are over the age of 13, as the Service is not intended for children under 13. If you
are under 13 years of age, then please do not use the Service. There are lots of other great web
sites for you. Talk to your parents about what sites are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by BML without restriction.
14. A user registered to the referral program can win one of the prizes only if he/she generated more than $75 in sales.
You agree that: (i) the Service shall be deemed solely based in NS, Canada; and (ii) the Service
shall be deemed a passive website that does not give rise to personal jurisdiction over BML,
either specific or general, in jurisdictions other than NS Canada. These Terms and Conditions
shall be governed by the internal laws of the province of NS Canada, regardless of any conflict
of laws or choice of law provisions of any jurisdiction. Any claim or dispute between you and
BML that arises in whole or in part from the Service or any access to or use of the BML
Websites shall be decided exclusively by a court of competent jurisdiction located in Halifax, NS
Canada. These Terms and Conditions, together with the Privacy Notice at
www.BuyMyLemonade.com/privacy and any other legal notices published by BML on the
BML Websites, shall constitute the entire agreement between you and BML concerning the
Service and any access to or use of the BML Websites. If any provision of these Terms and
Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms and Conditions, which
shall remain in full force and effect. No waiver of any term of this these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term. Nothing in these
Terms and Conditions confers any third-party rights or benefits. Any failure by BML to assert
any right or provision under these Terms and Conditions shall not constitute a waiver of such
right or provision. BML reserves the right to amend these Terms and Conditions at any time and
without notice, and it is your responsibility to review these Terms and Conditions for any
changes. Your use of the Service or access to or use of the BML Websites following any
amendment of these Terms and Conditions will signify your assent to and acceptance of its
revised terms. As used in these Terms and Conditions, unless the context expressly indicates
otherwise, the word "or" is inclusive and means "and/or" and the word "including" (or any
variation of that word) means "including without limitation" (or a phrase of equivalent meaning).
YOU AND BML AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SERVICES OR ANY ACCESS TO OR USE OF THE BML WEBSITE MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.