Terms of Service

User login

 

Terms of Use

Effective as of April 27th, 2011

 

1. Introduction; Your Agreement to these Terms of Use.

Welcome to Red Lemonade. Please read these website terms of use (“Terms”) carefully before using the services available to you on Red Lemonade and other related websites using the Cursor Platform operated by the Cursor Corporation (collectively “Cursor” the “Cursor Site” or “Site”).  VISITING, REGISTERING FOR, OR USING THE SITE INDICATES THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO THESE TERMS.  If you do not agree to these Terms, do not use this Site.

This Site is owned and operated by Cursor Corporation, a Delaware Corporation (hereinafter “Cursor”), located at [33 Second Place #3, Brooklyn NY 11231].  The Cursor Platform consists of web sites, services, software applications and networks that allow for reading, commenting on, discussing and disseminating digital content, and for authorized download and distribution of written digital content and commentary over the internet (the “Services”). The following Terms of Use for the Cursor Platform is a legal contract between members of and visitors to the Site (“user,” or “you”) and Cursor regarding your use of the Cursor Platform. Cursor may terminate your account, and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site for any reason, at any time, in its sole discretion, with or without notice, if it determines that your use of the Site may be in violation of these Terms of Service.

 

2. Eligibility.

The Cursor Platform is intended solely for users who are thirteen (13) years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 13 is unauthorized and in violation of these Terms. If you are under eighteen (18) years old, you may use the site only if you are either an emancipated minor or possess parental or guardian consent to access the Site.

 

3. Privacy.

Your privacy is important to Cursor. Cursor’s Privacy Policy is hereby incorporated into these Terms by reference.  Please read Cursor’s Privacy Policy carefully for information relating to Cursor’s collection, use, and disclosure of your personal information.  Cursor’s Privacy Policy can be found at http://redlemona.de/privacy-policy.

 

4. User Registration and Your Account.

There are portions of this Site that we make available to Users in the general public that have not registered or subscribed for the Servicesand you may visit or browse those portions without charge or obligation. However, we reserve the right to make changes, limit or restrict those portions of the Site at any time in our sole discretion, without notice to you.  There are also features of this Site that we make available only to users who register for or subscribe to this Site.

If you register to use this Site you agree to provide, maintain and update true, accurate, current and complete information about yourself.  If you do not provide such information, or we have reason to believe that you have failed to do so, we have the right to suspend or terminate your account and your use of this Site.  You may only have one active account on this Site at any given time and only you may use your designated account to access the Site.

When you use the Cursor Platform to access, upload, contribute and/or download content or any products, services, or information from Cursor, you may be asked to provide a password.  You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your username, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Cursor at info@thinkcursor.com You may be liable for the losses incurred by Cursor or others due to any unauthorized use of your Cursor Platform account.

In addition, you agree to log-off of your account at the end of each session.  Cursor explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

 

5. Payment, Cancellations and Refunds.

By purchasing a subscription to the paid version of the Site, you are agreeing to these Terms and you are agreeing to allow Cursor to place your account on a recurring payment plan. The account will automatically be charged, according to the terms of the account type you select, on the same day each month. Further, you grant permission to Cursor to charge your credit card or payment service for any and all services you request and any renewals thereof. If Cursor is not able to process a payment for your account on the specified processing date, Cursor may suspend your account pending a successful payment transaction.

You may cancel your account at any time via the Site. Because Cursor charges its subscribers for each unpaid billing cycle in advance, in order to cancel your account and not be charged for an impending billing cycle, you must make your cancellation request at least three business days before the next automatic billing occurrence.

Cursor makes a free version of its platform available in order to allow users to evaluate some of the services offered prior to subscribing to a paid version of the platform. By agreeing to these Terms and purchasing the Services, you acknowledge that you are aware of this opportunity and have either taken advantage of the opportunity or have chosen not to do so with full information. Because of this opportunity to evaluate prior to purchase, Cursor does not offer refunds to its subscribers except in the event of billing errors.

All Cursor registrations become the exclusive property of Cursor, its affiliates, successors in interest, and subsidiaries. Cursor reserves the right to use and reuse all registration data and other personal user information subject to the Cursor Privacy Policy, which is available at http://redlemona.de/privacy-policy.

 

6. Individual Features and Services.

When using the Cursor Platform, you will be subject to any additional posted guidelines or rules applicable to specific communities, services and features that may be posted from time to time (the “Guidelines”).  All such Guidelines are hereby incorporated by reference into these Terms.

 

7. Modification of these Terms.

Cursor reserves the right to revise, add or remove any portion of the Terms in its sole discretion at any time and without prior notice to you by updating this posting.  Users should visit this page periodically for changes. This Site is continuously under development and changes in this Site may be made at any time.  Any changes are effective upon posting to this Site. If you disagree with the Terms your sole remedy is to discontinue your use of this Site.  Your continued use after a change has been posted constitutes your acceptance of those changes.  

 

8. Digital Millennium Copyright Act.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):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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
  • 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.

Cursor's designated Copyright Agent to receive notifications of claimed infringement is Richard Nash, Cursor Corporation, 33 Second Place #3, Brooklyn NY 11231 email: copyright@thinkcursor.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

  1. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the 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:
    • Your physical or electronic signature;
    • 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 disabled;
    • 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
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, 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, Cursor may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cursor's sole discretion.

Please note that Cursor will promptly terminate without notice any User’s access to the Cursor Platform if that User is determined by Cursor to be a “repeat infringer”.  A repeat infringer is a User who has been notified by Cursor of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Cursor Platform more than twice.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

 

9.  Ownership; Proprietary Rights.

The Cursor Platform is owned and operated by Cursor.  The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Cursor Platform provided by Cursor (the “Materials”), excluding User Content, are the property of Cursor or affiliated companies and/or third-party licensors..  Except as expressly authorized by Cursor, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Cursor Platform.  Cursor reserves all rights not expressly granted in these Terms.

 

10. User Content

You may submit content to the Cursor platform, such as creative work and commentary, You retain your ownership rights in content you submit to the Cursor Platform. You grant Cursor an […?] non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, perform, display and create derivative works of your content, in any and all media, solely in connection with the Cursor platform, subject to these terms and our Privacy Policy.

You acknowledge that we cannot guarantee the confidentiality, privacy or integrity of any submission and are not liable for any damages resulting from any disclosure or loss of your content.

As a User you have the option to keep any of your content private, meaning that you may choose not to share certain Content with the public or with other Users.The method for designating Content as private is explained on the Site (hereinafter “Your Private Content”).

You may choose to distribute or disseminate content through the Cursor platform, making content available to other Cursor users (“Your Public Content”).  You hereby grant to each User that is authorized to access Your Content a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed Your Public Content for personal use in the manner contemplated by these Terms and the Cursor Platform.  The foregoing license granted by you terminates as to a specific piece of Your Public Content once you remove or delete such Content from the Cursor Platform.  However, Cursor is not responsible for Your Public Content that may have been saved in any format by Cursor Users or by Cursor prior to such deletion. 

Cursor and its designees may attribute to you (and use, publish, transmit and reproduce your name, likeness, and biographical details) in connection with Your Public Content while such content is available to other users of the Cursor Platform.

 

14. Public Comments.

You may use the Cursor Platform to generate Content in the form of public commentary (“Your Comments”).  You hereby grant to each User that is authorized to access Your Comments a limited, non-exclusive, license to view, download (including, without limitation download to a portable device), print and have printed Your Comments for personal use in the manner contemplated by these Terms and the Cursor Platform. 

By generating Content in the form of a public comment you also grant to Cursor a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license in perpetuity to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, Your Comments, in any media formats and through any media channels.   Deleting Your Comments from public view does not affect the license granted to Cursor for Your Comments, which remains in effect in perpetuity.

 

15. Collaborations Between Users.

While Cursor encourages collaboration between its Users, You are solely responsible for determining the terms of any collaboration with any other User of the Cursor Platform.

 

16. User Content Representations and Warranties.

You are solely responsible for Your Content, including Your Private Content, Your Public Content, and Your Comments (collectively “Your User Content”) and the consequences of posting or publishing them.  By uploading and publishing Your User Content, You affirm, represent, and warrant that:

            (1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Cursor and Cursor’s Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by Cursor and these Terms;

            (2) Your User Content does not and will not slander, defame, or libel any other person and is not otherwise in violation of any laws.

            (3) The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and

            (4) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Cursor reserves all rights and remedies against any Users who violate these Terms.

 

17. User Content Disclaimer.

You understand that when using the Cursor Platform You will be exposed to User Content from a variety of sources and Users, and that Cursor is not responsible for and makes no representations regarding the accuracy, usefulness, or intellectual property rights of or relating to such User Content.  You further understand and acknowledge that You may be exposed to User 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 Cursor with respect thereto.  Cursor does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Cursor expressly disclaims any and all liability in connection with User Content.  If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Cursor may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice.

 

19. Third-Party Sites, Products and Services; Links.

The Cursor Platform may include links or references to other web sites or services solely as a convenience to Users (“Outside Sites”).  Unless otherwise expressly stated by Cursor, Cursor does not endorse any such Outside Sites or the information, materials, products, or services contained on or accessible through Outside Sites.  In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Cursor Platform are solely between you and such advertiser.  Access and use of Outside Sites, including the information, materials, products, and services on or available through Outside Sites is solely at your own risk.  Cursor is not responsible for the availability or content of Outside Sites or for any viruses or other damaging elements encountered in linking to a third-party website.

 

17. Termination; Terms of Use Violations.

You agree that Cursor, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Cursor or Your use of the Cursor Platform.  Cursor may also in its sole discretion and at any time discontinue providing access to the Cursor Platform, or any part thereof, with or without notice.  You agree that any termination of Your access to the Cursor Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Cursor will not be liable to You or any third party for any such termination.  Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies Cursor may have at law or in equity.  As discussed herein, Cursor will terminate access to the Cursor Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.

Your only remedy with respect to any dissatisfaction with (i) the Cursor Platform, (ii) any term of these Terms, (iii) any policy or practice of Cursor in operating the Cursor Platform, or (iv) any content or information transmitted through the Cursor Platform, is to terminate your account. 

Upon termination of these Terms by You or Cursor, Cursor will discontinue prospective hosting and distribution of Your User Content, but shall retain rights in perpetuity to Your Comments pursuant to Section 14 of these Terms.

 

18. User Disputes.

You are solely responsible for your interactions with other Users.  Cursor reserves the right, but shall have no obligation, to monitor disputes between you and other users.

 

19. Indemnification.

You agree to indemnify, save, and hold Cursor, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Cursor Platform, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.  Cursor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cursor, and you agree to cooperate with Cursor’s defense of these claims.  Cursor will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

20. No Warranties; Limitation of Liability

THE CURSOR PLATFORM IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CURSOR, AND ITS AFFILIATES, BUSINESS PARTNERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURSOR OR THROUGH THE CURSOR PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  YOU EXPRESSLY ACKNOWLEGE THAT, ONLY FOR THE PURPOSES OF SECTION 20, THE TERM CURSOR SHALL INCLUDE CURSOR’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE CURSOR PLATFORM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CURSOR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE CURSOR PLATFORM OR ANY OUSTSIDE SITES, OR ANY OTHER INTERACTIONS WITH CURSOR, EVEN IF CURSOR OR AN CURSOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF CURSOR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE CURSOR PLATFORM OR YOUR INTERACTION WITH OTHER CURSOR PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CURSOR PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 

23. Miscellaneous.

The failure of Cursor to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Cursor.These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.This Site is controlled and operated by Cursor from its offices within the State of New York, United States of America.  Cursor makes no representation that materials in the Site are appropriate or available for use in other locations.  Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Access to this site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. You agree that any action at law or in equity arising out of or relating to these Terms or Cursor will be filed only in the state or federal courts in and for New York County, New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and waive any objection to proceeding in such venue, including that the forum is inconvenient. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cursor without restriction. Any assignment you attempt to make in violation of these Terms shall be void.These Terms (including all Guidelines, the Privacy Policy, and terms incorporated herein) are the entire agreement between you and Cursor relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Cursor as set forth in section 7 of these Terms.