Terms of Use Agreement

Lemonade Stand, LLC. (“Subreala” or “we”) operates subreala.com, which is a collaboration service that allows Members to upload and/or create content and code in order to mutually share with other Members and to create publicly available presentations. Subreala can be contacted at P.O.Box 2172, Seattle, WA 98111. The services offered by Subreala include subreala.com (the “Subreala Website”), and any other features, content, or applications offered from time to time by Subreala in connection with Stubreala’s business (collectively, the “Subreala Services”). The Subreala Services are hosted in the United States.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Subreala Services. By using the Subreala Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Subreala Website, including through a mobile device or otherwise use the Subreala Services without being registered) or you are a “Member” (which means that you have registered with the Subreala Website). The term “User” refers to a Visitor or a Member. You are only authorized to use the Subreala Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Subreala Website and discontinue use of the Subreala Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Subreala Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Subreala’s policy for acceptable use of the Subreala Services and Content (as defined in Section 6.1 below) posted on or through the Subreala Services and your rights, obligations and restrictions regarding your use of the Subreala Services and Content posted on or through the Subreala Services. Subreala may modify this Agreement from time to time and such modification shall be effective upon posting by Subreala on the Subreala Website. Your continued use of the Subreala Services after Subreala posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the Subreala Services and that you provide to other Users. Your Subreala profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Members may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Subreala assumes no responsibility or liability for this material. If you become aware of misuse of the Subreala Services by any person, please click on the “Contact Subreala” or the “Report Abuse” link at the bottom of the Subreala Website pages. Subreala reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Subreala Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Subreala expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Subreala Services if Subreala determines, in its sole discretion, that you have violated this Agreement or pose a threat to Subreala and/or its Users and/or violating any applicable law.

1. Eligibility.

Use of the Subreala Services and registration to be a Member for the Subreala Services (“Membership”) is void where prohibited. By using the Subreala Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; © you are 14 years of age or older; and (d) your use of the Subreala Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning if we believe that you are less than 14 years of age.

2. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Subreala Services or are a Member. You may terminate your Membership at any time, for any reason, by deleting your profile and no longer using any Subreala services. Subreala may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17. Moreover termination of your membership whether voluntary or otherwise will not affect the enforceability of any agreements you have entered into with other Subreala members.

3. Fees.

You acknowledge that Subreala reserves the right to charge for any portion of the Subreala Services and to change its fees (if any) from time to time in its discretion. If Subreala terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Subreala immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account whether authorized by you or not.

5. Use by Members.

The Subreala Services are for the personal and professional use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used to the extent endorsed or authorized by Subreala. Subreala reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Subreala Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Subreala Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Subreala reserves the right to take appropriate legal action for any illegal or unauthorized use of the Subreala Services.

6. Proprietary Rights in Content on Subreala.

  • 6.1 Subreala does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Subreala Services. After posting your Content to the Subreala Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing (“posting”) any Content on or through the Subreala Services, you hereby grant to Subreala a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Subreala Services, including without limitation distributing part or all of the Subreala Website in any media formats and through any media channels,. This limited license does not grant Subreala the right to sell or otherwise distribute your Content outside of the Subreala Services. After you remove your Content from the Subreala Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
  • 6.2 The license you grant to Subreala is non-exclusive (meaning you are free to license your Content to anyone else in addition to Subreala), fully-paid and royalty-free (meaning that Subreala is not required to pay you for the use on the Subreala Services of the Content that you post), sublicensable (so that Subreala is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Subreala Services), and worldwide (because the Internet and the Subreala Services are global in reach).
  • 6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the Subreala Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Subreala Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Subreala Services.
  • 6.4 The Subreala Services contain Content of Subreala (“Subreala Content”). Subreala Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and Subreala owns and retains all rights in the Subreala Content and the Subreala Services. Subreala hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Subreala Content (excluding any software code) solely for your personal use in connection with viewing the Subreala Website and using the Subreala Services.
  • 6.5 The Subreala Services contain Content of Users and other Subreala licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Subreala Services.
  • 6.6 Subreala performs technical functions necessary to offer the Subreala Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Subreala Services.

7. Content Posted.

  • 7.1 Subreala may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Subreala violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Subreala assumes no responsibility for monitoring the Subreala Services for inappropriate Content or conduct. If at any time Subreala chooses, in its sole discretion, to monitor the Subreala Services, Subreala nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  • 7.2 You are solely responsible for the Content that you post on or through any of the Subreala Services, and any material or information that you transmit to other Members and for your interactions with other Users.
  • 7.3 You are solely responsible for ensuring that all Content that you post on or through any of the Subreala Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Subreala.

8. Content/Activity Prohibited.

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Subreala Services. Subreala reserves the right to investigate and take appropriate legal action against anyone who, in Subreala’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Subreala Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Subreala:

  • 8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • 8.2 harasses or advocates harassment of another person;
  • 8.3 exploits people in a sexual or violent manner;
  • 8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • 8.5 solicits personal information from anyone under 18;
  • 8.6 publicly posts information that poses or creates a privacy or security risk to any person;
  • 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • 8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, including, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • 8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • 8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • 8.13 involves commercial activities and/or sales that are not authorized by Subreala including, but not limited to, contests, sweepstakes, or pyramid schemes;
  • 8.14 includes a photograph or video of another person that you have posted without that person’s consent;
  • 8.15 uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
  • 8.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
  • 8.16 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.

9. Protecting Copyrights and Other Intellectual Property.

Subreala respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Subreala has the right to terminate the Membership of infringers.

If you believe your work has been copied and posted on or through the Subreala Services in a way that constitutes copyright infringement, please send Subreala’s Legal Department a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Subreala Services (providing the URL of the claimed infringing material satisfies this requirement); © information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Subreala’s Copyright Agent for notification of claimed infringement can be reached as follows: Legal Department, _; Facsimile: _; Facsimile: __ Attn: Legal Departent. Subreala’s Legal Department for notification of claimed infringement can also be reached electronically by clicking here. Subreala provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.

10. Member Disputes.

You are solely responsible for your interactions with other Subreala Members. Subreala reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

11. Privacy.

Use of the Subreala Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers.

Subreala is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Subreala Services, whether caused by Users of the Subreala Services or by any of the equipment or programming associated with or utilized in the Subreala Services and such User Content does not necessarily reflect the opinions or policies of Subreala. Profiles and third party applications created and posted by Members on the Subreala Website may contain links to other websites. Subreala is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Subreala. Inclusion of any linked website on the Subreala Services does not imply approval or endorsement of the linked website by Subreala. When you access these third-party sites, you do so at your own risk. Subreala takes no responsibility for third party advertisements or third party applications that are posted on or through the Subreala Services, nor does it take any responsibility for the goods or services provided by its advertisers. Subreala is not responsible for the conduct, whether online or offline, of any User of the Subreala Services. Subreala assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Subreala is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Subreala Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Subreala Services. Under no circumstances shall Subreala be responsible for any loss or damage, including personal injury or death, resulting from use of the Subreala Services, attendance at a Subreala event, from any User Content posted on or through the Subreala Services, or from the conduct of any Users of the Subreala Services, whether online or offline. The Subreala Services are provided “AS-IS” and as available and Subreala expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Subreala cannot guarantee and does not promise any specific results from use of the Subreala Services.

13. Limitation on Liability.

IN NO EVENT SHALL STUBREALA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SUBREALA SERVICES, EVEN IF SUBREALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUBREALA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUBREALA FOR THE SUBREALA SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls.

Software available in connection with the Subreala Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Subreala Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes.

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict of law provisions. You and Subreala agree to submit to the exclusive jurisdiction of the courts located within the State of Washington to resolve any dispute arising out of the Agreement or the Subreala Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16. Indemnity.

You agree to indemnify and hold Subreala, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Subreala Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Subreala Services causes Subreala to be liable to another.

17. Other.

This Agreement is accepted upon your use of the Subreala Website or any of the Subreala Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Subreala regarding the use of the Subreala Services. The failure of Subreala to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Subreala is a trademark of Subreala, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: legal@subreala.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Copyright © 2008 Lemonade Stand, LLC. All rights reserved. Subreala is a trademark of Lemonade Stand, LLC.