Terms and Conditions of Use
Updated October 2024
Welcome and thank you for visiting our website where we empower our users by teaching the process of writing your own books. Embrace your creativity and come on the journey with us.
Lemon House Publishing, LLC, (“Lemon House,” “we,” “our,” “us”) allows content creators (“Creators”) the opportunity to create, prepare and publish original story content, illustrations, and related materials (“Content”) into a book format. We are committed to educating you about this process. We provide products, online classes, in-person classes, consulting, materials, events, and processes to assist Creators put together their Content into a book format and provide the opportunity to publish or print their book. We operate the Website https://lemonhousepublishing.com (the "Website", “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
We stand behind our Services and want you to be satisfied with your experience. We make every effort to transform your Content into a published book that is available to others. However, we make no guarantees as to the availability of that Content to third parties, or any purchases that may be generated by your Content being published.
Acceptance of Terms
Lemon House provides its Site and Services to you subject to the following Terms and Conditions of Use, the Publishing and Printing Agreement, the Online Course Agreement, the In-person Course Agreement, and the Privacy Policy found on this Website (collectively, the “Terms”). These Terms make up the entire agreement between you and Lemon House regarding your use of the Site and/or the Services. They supersede any prior agreements.
Your access to, and use of, the Site and/or the Services 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 Site and/or the Services (“Users”). These Terms are structured to facilitate User’s access and understanding of the terms relevant to User’s specific use of the Site. Please read these Terms carefully.
If you disagree with any part of these Terms, you may not access any part of the Site or the Services.
Your affirmative act of using the Site and/or Services and/or clicking “I agree” constitutes your electronic signature and consent to enter into this Agreement, which includes our Privacy Policy, and other additional terms. Further, by accessing and using our Site and/or the Services, you confirm that you are at least 18 years of age, and you agree to be bound by these Terms. If User is under 18, User may use the Site and Services only with the prior permission of a parent or legal guardian who has read these Terms and agrees to be bound by them.
In using our Services, you agree not to scrape, collect, search, copy or otherwise access data or content from our Site or Lemon House in unauthorized ways, such as by using automated means (without our express prior permission), or access or attempt to access data you do not have permission to access.
You may not use, access, download, or otherwise make available the Site and/or the Services (including related software), except as authorized by applicable trade restrictions, including but not limited to US, EU and UK sanctions and export controls. You agree not to use the Site and/or the Services for any purpose prohibited by applicable trade restrictions.
Any use of this Site and/or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Lemon House and its officers, directors, and other agents are the sole interpreter of the Site, and the Terms and Guidelines detailed herein.
We work constantly to improve our Site and the Services. As a result, we may need to update these Terms from time to time to accurately reflect our Services and practices, to promote a safe and secure experience with our Site and/or the Services, and/or to comply with applicable law. Lemon House reserves the right to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check this page periodically. Your continued use of our Site and/or Services after the posting of any changes serves as your acceptance of those changes.
Lemon House Intellectual Property
“Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislations and treaties.
You acknowledge and agree that, as between you and us, Lemon House owns all right, title and interest in and to LEMON HOUSE and all Intellectual Property Rights as defined below (including but not limited to the copyrights, trademarks and patents) (the “Lemon House IP”) and you must not use any of the Lemon House IP, except as necessary for your permitted use of our Site and/or Services.
The Lemon House name, logo, trademark and trade dress (collectively “Lemon House Marks”) may not be used in connection with any product or services that is not offered by Lemon House in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lemon House Marks or Lemon House. You may not use the Lemon House Marks or name, or any other proprietary graphic or trademark without express written permission.
All other trademarks not owned by Lemon House or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lemon House or its subsidiaries.
You agree that all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lemon House or its content suppliers and is protected by national and international copyright laws. The compilation of all content on this Site is the exclusive property of Lemon House with copyright authorship for this collection by Lemon House, and is protected by U.S. and international copyright laws.
You agree to not remove, obscure, or alter Lemon House’s copyright notice, trademarks or other proprietary rights notices affixed to, or contained within, or accessed in conjunction with, or through the use of Lemon House’s online platform or Website.
If you use Lemon House IP in breach of these Terms, your right to use our Site and/or Services will terminate immediately and you must, at our option, return or destroy any copies of the Lemon House IP you have made. No right, title or interest in or to Lemon House or any Lemon House IP is transferred to you under these Terms, and we reserve all rights not expressly granted.
Our Services and License to Use
Lemon House is thrilled to offer the opportunity for Creators to print or publish their Content as physical books. We look forward to providing you with our Services and look forward to seeing many of our Creators successfully selling their published stories on Amazon.com®.
Subject to your compliance with these Terms and our policies, Lemon House grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Site and/or Services as contemplated under these Terms and our policies (the “License”). You may not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lemon House.
You may not permit our Services to be used by or for the benefit of unauthorized third parties. Nothing in these Terms will be construed to grant you any right to transfer or assign rights to access or use our Site and/or Services. All rights not expressly granted to you are reserved by us and our licensors.
Except as expressly stated in these Terms, we (and our third party content providers, if any) reserve all rights to all materials and information on the Site and Services, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and services marks and trademarks. You may not sell, transfer, or assign any information, content, products, or services provided by us to any third party without our express written consent. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) any content made available through the Site. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable law. You acknowledge and agree that these Terms in no way convey any right, title, or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.
This License does not include any resale or commercial use of this Site or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lemon House. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lemon House and/or our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Lemon House IP without the express written consent of Lemon House. Any unauthorized use terminates the permission or License granted by Lemon House. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Lemon House, so long as the link does not portray the Lemon House Marks, Lemon House, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Lemon House Marks or other proprietary graphic or trademark as part of the link without express written permission.
Users who utilize the printing and publishing services for their Content are subject to these additional terms. This Publishing and Printing Agreement shall be incorporated into these Terms.
Submission of Content
By clicking “I agree” and/or providing, uploading, or submitting your Content (defined earlier as story content, illustrations, and related materials) to us or the Website for publication or printing, you are voluntarily agreeing to these additional Terms and Conditions (“Publishing and Printing Agreement”) regarding Content Submissions including the Creator representations and warranties set forth below, which along with our Terms govern your participation in the publication and printing of your Content.
You may not submit Content that infringes the intellectual property rights of others (e.g., copyright infringement, trademark infringement or counterfeit), or that is otherwise unlawful, unless an exception or limitation applies under applicable law.
Content Submission Guidelines
You shall not provide, upload, or submit Content which includes any of the following:
(i) invasion of privacy/publicity, including content which reveals the personal information of a third party;
(ii) violence or physical abuse of any kind;
(iii) defamation, slander or libel;
(iv) illegal activities of any kind;
(v) depictions of discrimination or discriminatory content;
(vi) fraudulent or misleading content (including tags, titles and descriptions);
(vii) pornographic, lewd or sexually explicit content;
(viii) content which is clearly inappropriate for children;
(ix) content involving harassment, intimidation, threats and other inappropriate predatory behavior;
(x) content which is intended to disgust or shock;
(xi) and intellectual property or other proprietary content or rights belonging to third parties, including without limitation the use of any third party likeness for which the user has failed to obtain the requisite releases, clearances and authorizations.
Lemon House reserves the right to:
refuse to print or publish any Content for any or no reason in our sole discretion;
take any action with respect to Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, or which could otherwise create liability for Lemon House; and
disclose information about you to any third party who claims that Content provided by you violates their rights.
User Representations and Warranties
As the User of our Services, you will abide by our Content Submission policy established in these Terms and/or posted on our Site. You understand and acknowledge that you are responsible for Content provided, uploaded, or submitted by you and others linked to your registration, and you acknowledge and agree that you have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
You represent and warrant that you own or control all rights to the Content including the requisite clearances, releases and authorizations for the use of any content, likeness, or other materials contained, included or depicted in the Content.
You represent and warrant that any Content provided, uploaded, or submitted by you is original to you and/or that you own and/or control all of the materials, content, and intellectual property contained therein including without limitation the necessary licenses, releases, rights, consents, and permissions. At Lemon House’s request, and without further consideration, you will promptly provide to Lemon House reasonable evidence of such adequate and enforceable rights of third parties and their permissions granted to you, such as but not limited to consents, approvals, licenses or sublicenses, and agree that Lemon House may provide a copy of these Terms to anyone claiming an infringement of copyright or trademark rights relating to your Content, to law enforcement or other entities as required by law, or as Lemon House determines is reasonably necessary to protect our rights or the rights of others. You represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our Services and the accuracy of the information or documentation you provide to us with respect to those rights.
Without limiting the foregoing, you represent and warrant that you have obtained the written consent, release and/or permission of each person who is identifiable in all of your Content Submissions to use the name and likeness of each such person in your Content Submissions in the manner contemplated by these Terms.
You further represent and warrant that your Content:
(i) does not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right;
(ii) is not fraudulent, misleading, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening or obscene;
(iii) does not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age;
(iv) is not illegal and does not promote illegal or harmful activities or substances deemed illegal by any government agency;
(v) if submitted as a digital file, does not contain any computer programming routines or viruses (including without limitation: time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are (intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to the Website or disable, damage or erase any portion of the data stored therein; and/or
(vi) does not otherwise violate the Lemon House Content Submission Guidelines.
If you engage in any prohibited activity under these Terms, Lemon House may at its sole discretion, in addition to any rights of law or equity, suspend or terminate your use of its Services and access to the Website without notice or liability, based on the seriousness or repeated nature of such violative, inappropriate or unacceptable Content Submissions.
Rights in Content
You retain ownership in your Content. Except as expressly provided in the Terms, Creator is and will remain the sole and exclusive owner of all the rights, title, and interest throughout the world to the Content and reserves all rights and licenses not expressly granted herein.
License Granted to Lemon House
You grant to Lemon House and our designees, a worldwide, nonexclusive, irrevocable, sub-licensable (through multiple tiers), assignable, royalty-free (except as agreed to below) right and license to use, reproduce, reformat, sell, display, promote, print and distribute your Content solely in connection with printed or published books.
Published Books
When you submit your Content to be published, you acknowledge and agree that we may permit Amazon® Kindle® Publishing to exercise the rights that you grant to us in the Terms. Amazon Kindle Publishing shall have the right and license to use, reproduce, reformat, sell, display, promote, and distribute your Content as paperback books (“Published Books”). You may find further information regarding Amazon Kindle Publishing and their policies at: https://kdp.amazon.com/en_US/terms-and-conditions?ref_=kdp_kdp_TAC_FOOT_tac and their privacy policies at https://www.amazon.com/gp/help/customer/display.html?ie=UTF8&nodeId=468496.
Sale of Published Books
You understand and agree that if the Creator’s name is submitted in connection with a Published Book, it will be publicly displayed in connection with the Published Book. Published Books shall be offered for sale at a price of $12 USD per copy on Amazon.com. Lemon House reserves the right to reserve a portion of the Published Books for a unique identifying number and barcode as necessary for publication. You will receive a link to order your Published Book, and you may order at it any time and in any amount at the set price of $12 a copy.
No Payment for Published Books
Creator acknowledges and agrees they will receive no payment from the publishing of their Content through our Services. All profit made from the sale of Creator’s Content sold as Published Books through Amazon.com will be donated. No payment for the sale of a Published Book will be paid to Creator. Creator acknowledges and agrees that any profit made from the sale of a Published Book will be donated to Storytime Crafts of Newton, Massachusetts, a registered 501(c)(3) nonprofit charitable organization dedicated to promoting literacy and the joy of reading to children.
Published Book Withdrawal
You may withdraw your Published Books from further on-demand printing at any time with at least 10 business days advance notice to jacky@lemonhousepublishing.com. We will then notify Amazon regarding your request. Amazon may at their discretion fulfill any customer orders completed through the date the Published Books were available for sale and may continue to sell any inventory of prior printed Published Books. All withdrawals of Published Books will apply prospectively only and not with respect to any customers who purchased Published Books prior to the date of removal.
Please note Amazon.com is a third party whose procedures and actions are out of our control. We will not be liable for the actions or non-actions of this third party. Your choice to publish your Content as a Published Book is at your full discretion and risk. We will not be liable for the availability of your Content or Published Books after your request for withdrawal.
Printed Books
If you choose to submit your Content to be printed as a hardcover book (“Printed Book”) the sections regarding Published Books do not pertain to you. However, you agree and acknowledge the rest of these Terms including but not limited to Content Submission Guidelines and User Representations and Warranties are applicable, and you agree to be bound by them. You further acknowledge and agree that each Printed Book costs $20 USD plus $5 USD for shipping. Orders for Printed Books will not be processed until payment in full is received. Your purchase of the Printed Book is subject to our Product Orders section of these Terms including our Product Shipping policies. The printing process takes 4 to 6 weeks and is facilitated through Lulu Press, Inc. Lulu Press, Inc. is a third party service provider. Their policies may be found at https://www.lulu.com/terms-and-conditions and https://www.lulu.com/privacy-policy. Printed Books are not made available for sale to third party consumers.
No Responsibility for Your Content
None of the Content will be subject to any obligation, whether of confidentiality, contribution or otherwise on our part and we will not be liable for any use or disclosure of any Content. You acknowledge and agree that we retain the right but not the obligation to do any of the following:
(i) monitor and filter any Content to block or replace language that may be deemed harmful or offensive;
(ii) alter, remove, or refuse to publish any Content;
(iii) disclose any Content and the circumstances surrounding its submission to any third party in order to operate the Services, the Website, to protect us or our affiliates, distributors, partners, licensors, and sponsors, or users; to comply with legal or governmental obligation and requests, to enforce these Terms, or for any other reason or purpose
Please be sure the Content has been edited to your liking before its submittal to Lemon House. Lemon House is not responsible for typos or any errors in Content Submissions.
File Retention
YOU ARE SOLELY RESPONSIBLE FOR RETAINING COPIES OF ANY CONTENT SUBMISSIONS UPLOADED TO US OR SENT TO LEMON HOUSE FOR PRINTING OR PUBLISHING. WE ARE NOT RESPONSIBLE FOR RETAINING YOUR FILE(S) AND MAINTAIN NO LIABILITY FOR THE LOSS OF THE FILES THAT ARE REMOVED IN COMPLIANCE WITH THESE TERMS AND THE WEBSITE’S NORMAL FUNTIONS.
If you submit physical copies of your Content, we will make commercially reasonable efforts to safely secure the physical copies for 3 months from the date of submittal. Physical copies held after that time will be recycled or destroyed. If you would like physical copies of your Content returned to you, you may indicate you would like the physical copies returned to you when you submit your Content. We will make commercially reasonable efforts to return the physical copies to you, at your cost, but we will not be responsible for loss as indicated above.
We will retain electronic files submitted to us in accordance with our Privacy Policy. We will make commercially reasonable efforts to retain these files as necessary to conduct the Services and for no longer than 2 years after your account becomes idle. We reserve the right to remove the files at our sole discretion and without warning or liability.
Permission to Use Name and Likeness
You acknowledge and agree that if you submit a Creator’s name as the author of the Content during the publishing process, it will be publicly displayed in connection with the Content as a Published Book. Creator’s names submitted as authors in connection with Content submitted as a Printed Book will be displayed on the book itself but is not otherwise displayed publicly as it is shipped directly to the Creator.
You further acknowledge and agree that if a physical or digital image of the Creator is submitted in connection with the Content, you are granting a non-exclusive, irrevocable, non-transferable, limited license to use this physical or digital image in connection with the promotion, publication, or sale of the Published Book on our Website or Amazon.com without compensation to you at any time now or at any time in the future. Your submission of photo images and names is at your sole discretion and risk. Please consider this carefully before granting permission and submitting photos and names to us. We reserve the right but not the obligation to remove any photo images and names displayed on our Website, including your photo images and name, from our Website at any time and without any liability.
Users Who Participate in Paid Online Courses or Individual Coaching are subject to these additional terms which are incorporated into these Terms.
Users who participate in our paid online courses or individual coaching sessions are subject to these additional terms. This Online Courses Agreement shall be incorporated into these Terms.
Paid Online Courses and Coaching Sessions
Lemon House offers access to paid online courses and individual coaching sessions through the Site (“collectively, the “Online Courses’). Descriptions and costs of the Online Courses are located on the Site. By submitting payment or participating in any of the Online Courses as a student (“you”), you voluntarily join the Online Courses and agree to these additional Terms and Conditions (“Online Courses Agreement”), which along with our Terms govern your participation in the Online Courses.
If you do not agree with these Terms and Conditions, do not submit payment or participate in the Online Courses.
We try to make the course descriptions as accurate as possible. However, we do not warrant the descriptions of the Online Courses are accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions regarding pricing or course descriptions on the Site at any time and without prior notice including the right to cancel any purchases containing pricing errors after the receipt of course registration.
License
The Company is the sole owner, or authorized licensee, of all intellectual property and other rights in the Online Courses including associated materials and all components including any modifications thereto. Your payment for participation in these Online Courses grants you a limited, personal, non-exclusive, non-transferable license to use our Online Courses for your own personal, non-commercial use. No right, title or interest shall pass to you to in the Online Courses. All rights not expressly granted in these terms or any express license, are reserved by us. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Online Courses in any manner.
We reserve the right to restrict access to or modify the courses available as Online Courses at any time, including adding, replacing, or removing videos, modules and/or materials without liability to you.
Teachable.com Inc. is our Outside Services Provider for Online Courses
Teachable, Inc. provides the technical means to make the course content available online to you. Teachable, Inc. will be responsible for hosting a site where you can access the Online Courses and will process your payment for your purchase of the Online Courses.
You will be required to register and set up an account with Teachable, Inc. to purchase and participate in the Online Courses. Any information you provide as part of these interactions such as your name, address, method of payment, credit card number, and billing information may be collected and retained by Teachable, Inc. Your registration and participation in the Online Courses subjects you to the terms of Teachable.com at (https://teachable.com/terms-of-useteachable.com) as well as their Privacy Policy which can be found at
https://teachable.com/privacy-policy?irclickid=yoEUP53ZQxyPTQYxHoQTI2p2UkFV3bWCS2D0Ts0&irgwc=1&utm_source=impact&utm_medium=affiliate-link&utm_content=3676706&utm_term=self-serve&utm_campaign=933427. We are not responsible for the independent policies of Teachable, Inc. You assume full responsibility for your voluntary choice to access the Online Courses through the Teachable.com site and your disclosure of personal information to them.
Payment for Online Courses
Payment is due and payable when you register for the Online Courses. You may not access or participate in any Online Courses until full payment for the course selection chosen is processed. Payment is processed through www.teachable.com. We do not have access to your payment information. We will only receive information from Teachable, Inc. regarding your name, email address, IP address, course selection and confirmation of payment once you have purchased a course available in the Online Courses.
Online Courses Refund Policy
Online Courses offered as digital downloads of course content are non-refundable. Lemon House does not offer any money-back guarantees. You acknowledge and agree that you shall not be entitled to a refund for any purchase of Online Courses offered as digital downloads under any circumstances.
All purchases of “live” Online Courses are entitled to a full refund if Lemon House is notified at jacky@lemonhousepublishing.com at least 48 hours before the scheduled start of the Online Course. If you do not provide the required notice, you will not be refunded any portion of the monies paid toward the cost of the Online Course.
Please contact us at jacky@lemonhousepublishing.com for information or questions concerning this Refund Policy.
Since we have a clear and explicit refund policy which you are aware of and have agreed to prior to completing the purchase of the Online Courses, we do not tolerate or accept any chargeback threat or actual chargeback from your credit card company. In the event a chargeback is placed, or we receive a chargeback threat after the Online Courses purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Use of Free Downloadable Content
Lemon House provides various free resources such as free downloadable course content and The Lemon Drop™ newsletter, which you may access by providing an e-mail address. Lemon House grants you a limited, personal, non-exclusive, non-transferable license to use our free downloadable resources provided in exchange for an email address (“Free Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.
By downloading the Free Content, you acknowledge and agree that the Free Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Lemon House. You further acknowledge and agree that you shall not create any derivative work based upon the Free Content or offer any competing products or services based upon any information contained in the Free Content.
For Educational and Informational Purposes Only
As set forth more fully in the Disclaimers, the information contained on the Website including but not limited to, the Services, the Free Content, the Courses whether online or in-person, as well as other resources available for download through this Website are for educational and informational purposes only. The information contained on this Site including but not limited to, the Services, the Free Content, the Courses, and other resources available for download through this Site are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Lemon House provides all information connected to its Website solely for reference purposes only. No information contained on the Website, and/or the Services including but not limited to the Free Content, the Courses, or other resources available for download through the Website or otherwise provided by Lemon House shall be construed as a recommendation or endorsement of any type of action undertaken by you including your action or non-action in reliance upon said information. Lemon House makes no warranty or guarantee that your use of the Website, the Services including but not limited to the Free Content, Courses and downloadable materials will bring about a particular result or outcome including profit or satisfaction.
Product Orders
The products offered on our Website are intended for the personal use of our customers. Except for Published Books as outlined in these terms, products are not intended for commercial sale.
By completing and submitting an electronic order to purchase our products or Services, you further confirm that you are at least 18 years of age, and that you agree to the terms and conditions that follow.
Your submission confirms your offer to purchase goods or Services, which, if accepted by us, will result in a binding contract. Please note that products will not be sent until we have authorization of your payment. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
You represent and warrant that you are 18 and have the right to use and the means of payment you provide to us. By providing payment information to us, you authorize us to use the payment information for the purchases you make through our online store. Providing any inaccurate or untruthful information regarding billing or payment will result in the cancellation of your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all the products you selected as well as applicable shipping and tax costs.
We reserve the right to cancel or refuse an order for any reason including limitations on quantities available, inaccuracies in pricing or product information, or problems regarding fraud or inaccurate payment information. If a cancellation occurs after your payment has been processed, We will issue a credit back to you through the payment method used in the amount of the charge.
*Product Shipping and Risk of Loss: All products purchased from us are made pursuant to a shipment contract. Products will be shipped to a street address designated by you, provided the address is in the continental United States and complies with all restrictions contained in the shipping contracts with our carriers (UPS and USPS). Pursuant to the shipping contract, risk of loss and title for such items pass to you upon our delivery to the carrier. The Company is not responsible for, and we will not be liable for, issues relating to incorrect or undeliverable addresses, and we do not pay for shipping related to such issues. We are not liable for any financial damage including but not limited to, the cost of any replacement purchase that may occur due to a delay in shipping or other untimely arrival, lack of availability, or nonconformity of the product.
*Product Availability and Pricing: We make every effort to ensure the pricing and availability of the products listed on our site. However, we cannot guarantee that a product will always be available. Products may have limited quantities. If a product is not available, we will make every effort to update the site in a timely manner to reflect the unavailability. We retain the right to correct any errors, inaccuracies, or omissions made on the site at any time and without prior notice including the right to cancel any orders containing pricing or availability errors after the receipt of an order confirmation. We reserve the right, but are not obligated to, limit the sales of our products to any person, region, or jurisdiction. We reserve the right to discontinue the sale of any product at any time.
*Product Appearance and Description: We make every effort to display the products and attributes of the products on the Website, including their colors, we are offering for sale accurately. Because the colors you see depend on your computer monitor, we cannot guarantee that your monitor's display of any color will be accurate. We do not warrant that product descriptions, product images, or other content of this site is accurate, complete, reliable, current, or error-free.
Security
We care about the security of our Users and Creators. While we work to protect the security of your Content and account, we cannot guarantee that unauthorized third parties won’t be able to defeat our security measures. Please notify us immediately of any unauthorized access to your account or any other breach of security.
Users are responsible for maintaining the confidentiality of their account and password and for restricting access to your computer. If you suspect your password has been compromised, you will need to promptly change it.
You agree to take responsibility for all actions taken under your account or password by you and any third parties including any abuse or unauthorized use. If you are under 18, you may not use this Site or the Services without the permission of a parent or legal guardian. Lemon House and its associates reserve the right to refuse services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Please review our PRIVACY POLICY which governs your submission of Personal Information through our Site and Services to understand our practices.
Users are prohibited from violating or attempting to violate the security of the Lemon House Site and/or Services, including but not limited to:
(i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from Lemon House; and/or
(iii) attempting to interfere with services provided to any other user. In addition to other penalties, violation of this section may result in civil or criminal liability. Further, Lemon House may investigate occurrences, and cooperate with law enforcement authorities in prosecuting anyone involved in such violations.
Termination
Lemon House may, in its sole discretion, terminate or suspend a User’s access to the Site or Services immediately, without prior notice or liability, for breaching any of the Terms or violating any of the rules of conduct detailed herein, based on the seriousness or repeated nature of any violative, inappropriate or unacceptable Content, and for any reason whatsoever.
You may terminate your agreement with Lemon House at any point. If you wish to withdraw Published Books from sale, please see the Published Book Withdrawal section of these Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimers
Lemon House stands behind its Site and the Services, and we want you to be satisfied with your experience. As such, we will make our best efforts under commercially reasonable industry standards to make your Content available for publication or printing. We are not responsible for your success.
Your use of the Site, the Internet in general, any materials you access via our Site and your conduct online or offline (including any interactions with third party services providers) are at your own risk.
We make every effort to accurately represent information and your Content through our Services. However, we make no guarantees as to the currency, completeness, accuracy, or reliability of the information available, including your Content or descriptions.
If you find the Content is not offered as you intended or described, please contact us.
We do not endorse any Content Submissions, or any information, opinion, recommendation, or advice expressed therein.
We are not liable if there are delays in offering your Content for publication or printing, if the Content is unavailable, or if the Content is infringed.
To the extent permitted by applicable law, the Services and all Content on our Site are provided on an "as is" basis without warranty of any kind, whether express or implied.
Lemon House 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.
Lemon House takes no responsibility and assumes no liability for any Content Submissions that you or any other person or third party submits or sends using the Services. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
We do not warrant that our Site or any portion of the Services, including your Content, offered are accurate, complete, or current, or will be uninterrupted, secure, or free of errors, viruses, or other harmful components.
Lemon House may make changes to the Site and/or the Services for various reasons. We will have no liability for any change to our Services or any suspension or termination of your access to, or use of our Site or Services.
The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by applicable law.
WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY MEMBERS OR PROVIDERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LEMON HOUSE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LEMON HOUSE DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have between us regarding the Services.
Indemnification
You shall indemnify and defend Lemon House, and our officers, employees, and other agents against any costs, expenses (including reasonable attorneys’ fees and accounting costs, whether arising out of, relate ted to, or due to, a third party claim, or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, or due to your use of the Site and/or Services or otherwise caused by your violation of any of these Terms.
NEITHER LEMON HOUSE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ("NON-DIRECT DAMAGES"), OF ANY KIND, WHETHER BY CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR ANY OTHER PERSON FOR DIRECT DAMAGES FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THESE LIMITATIONS SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
New Jersey consumers only: pursuant to the New Jersey Products Liability Act, the above limitations of liability and waiver of claims may not apply to you, so long as your use of this Website and Services is solely for personal use.
Privacy
By using the Services, you consent to our processing of your information consistent with our Privacy Policy. Please review the Privacy Policy for a description of how we may collect and use your information, including personal information. The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of these Terms.
Electronic Communications
When you visit our site or send e-mails to us, you are communicating with Lemon House electronically, and thus, consent to receiving such communications. Upon providing your name and email address, we will communicate with you by e-mail regarding our Services, upcoming promotions, invoices, changes to pricing or fees, termination of Services, and other information regarding Lemon House or its third party partners. You agree that all agreements, notices, disclosures and other communications that Lemon House provides to you electronically satisfy any legal requirement that such communications be in writing.
Third Party Providers
Our Site may contain links to third party websites, advertisers, services, software components, special offers or other events or activities that are not owned or controlled by us. We don’t endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website, services or content, etc. from our Site, you do so at your own risk and you agree that we have no liability arising from your use of, purchase from or access to any third party website, services, or content, etc.
By using our Website and Services, you consent to Lemon House sharing your information as necessary to enable third parties’ activities. Third party providers are subject to a separate privacy policy and terms of use. By using our Website and Services, you indicate that you have reviewed the privacy policy and terms of use of our third party services providers and agree to both.
You further acknowledge that Lemon House does not and cannot control any third party service provider’s technology or actions and are not responsible for any cessation or interruption of the Services, compatibility with the Services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us and third party providers as part of the Services.
The inclusion of a link to any other website or resources is for your convenience only. Lemon House has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that Lemon House will not be held liable for any damages or claims arising from your use of these outside websites.
Third Party Payment Processors
We use Squarespace® to support our Website and e-commerce platform. By utilizing our Website, you agree to be bound by Squarespace’s Terms of Service and consent to our sharing of your information as necessary to enable Squarespace to support our site and to process payment. Squarespace’s Terms of Use is available at https://www.squarespace.com/terms-of-service and Squarespace’s Privacy Policy is available at https://www.squarespace.com/privacy. We also offer Google Pay® as an option to process payment through the Website. If you select this option for payment, your information will be shared as necessary to support the transaction.
Please visit Google Pay’s Term of Service at https://payments.google.com/files/tos/landingpage_nonEEA/buyertos/buyertos_US_en.html and their Privacy Policy at https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=en.
We cannot and do not control the actions or policies of these outside parties and do not warrant the safety of the information you share with them. It is your responsibility to review these policies as they govern your interactions with these parties and how they will share your information.
You further acknowledge that we do not and cannot control the technology or actions of Googe Pay or Squarespace and are not responsible for any cessation or interruption of the Services, compatibility with the Services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us, Squarespace, Google Pay or other third party providers as part of the Services.
Infringement of Intellectual Property
If you believe your work has been copied in a way that constitutes copyright infringement, contact us at jacky@lemonhousepublishing.com and provide the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512: (i) signature of a person authorized to act on behalf of the owner of the allegedly infringing work; (ii) identification of the work claimed to have been infringed and information reasonably sufficient to permit us to locate the material on our Services; (iii) contact information of the complaining party; (iv) a statement that the complaining party has a good-faith belief that use of the material is not authorized by the copyright owner; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed work.
Other Terms
Jurisdiction and Choice of Law.
By visiting and using this Site and Lemon House’s Services, you agree that the laws of the Commonwealth of Massachusetts in the United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Lemon House or its associates. You consent and agree that, without regard to principles of conflict of laws, all legal proceedings relating to the subject matter of this agreement shall be adjudicated within courts sitting within Massachusetts and that jurisdiction and venue shall be exclusively within these courts, except that, to the extent that you have in any manner violated or threatened to violate Lemon House intellectual property rights, Lemon House may seek injunctive relief or other appropriate relief in any state or federal court in the United States of America.
Entire Agreement.
These Terms constitute the entire agreement between you and Lemon House concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Views and Opinions Expressed in Content.
The views and opinions in any Content Submissions are those of the individuals or entities expressing such views and opinions, and do not reflect those of Lemon House. Lemon House is not responsible or liable to any third party for User Generated Content Submissions.
Questions/Contact Information.
Questions regarding our Terms and Conditions of Use, Privacy Policy, Submission Guidelines, and other policy related material can be directed to our support staff by contacting us at jacky@lemonhousepublishing.com.
Notice.
Any legal notices, including any notice of a claimed dispute, shall be sent notices to us by email to jacky@lemonhousepublishing.com. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by the recipient.