THE VIRTUAL LEMONADE STAND TERMS AND CONDITIONS

Welcome to The Virtual Lemonade Stand!

The Virtual Lemonade Stand is owned and operated by Kid Visionaries LLC.

These are the terms and conditions for: 

https://thevirtuallemonadestand.com

By registering on the website, creating a campaign and making a donation, you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept all of these Terms, then you may not use our platform and services. In these “terms”, "we", "us", "our" and "The Virtual Lemonade Stand" refers to Kid Visionaries LLC and "you" and “your" refers to you, the user of our platform and services.

The following terms and conditions apply to the platform offered by The Virtual Lemonade Stand. This includes the mobile and tablet versions as well as any other version of The Virtual Lemonade Stand accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND PERFORMING ANY ACTION ON THE WEBSITE.
 

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of The Virtual Lemonade Stand. By using The Virtual Lemonade Stand, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should leave The Virtual Lemonade Stand immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on The Virtual Lemonade Stand. You agree to be bound by any modification to this Agreement when you use The Virtual Lemonade Stand after any such modification is posted; it is therefore important that you review this Agreement regularly. The Virtual Lemonade Stand may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.

You may use the platform and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.

By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
 

2. USERS

If you wish to become a The Virtual Lemonade Stand user in order to create campaigns to receive donations through the website, you must read this agreement and indicate your acceptance during the registration process and comply with the following requirements:

  • The user must be 18 years of age or younger.
  • Have the permission of your parents or legal guardians to become a "visionary" user to create campaigns and receive donations.
  • Open an account with PAYPAL, our payment processor and link the bank account of your parents or legal guardians.
  • Ages 13-18 can have their own account; however, funding will go through a parent's (or legal guardian) bank account.
  • Account settings for users under the age of 13 must be made through their parents or legal guardians with the use of their email. The funding will be done through the bank account of the parents or legal guardians.
  • The user must provide true, accurate and current information as requested during the registration process and to maintain and promptly update the information to be true, accurate, current and complete.

If we have reasonable reasons to suspect that the information provided by visionary users is untrue, inaccurate, not current or incomplete, The Virtual Lemonade Stand reserves the right to suspend or terminate the account and refuse any and all current or future use of the service (or any portion thereof) at any time without notice. The Virtual Lemonade Stand also reserves the right to remove or cancel any campaign posted by visionaries if the user has provided false or inaccurate information. 

How it Works:

  1. Create Campaign
  2. Launch Campaign
  3. Promote your Campaign
  4. Withdraw your donations

For more information on how to create a campaign, click on the following link:

https://thevirtuallemonadestand.com/content/learn-more/create-campaign

Types of Creative Visions Accepted:

We support all types of dreams and visions from people ages 18 and under. The only limits are:

  1. It must be your project, dream or vision. This is a site for you to fundraise for your special cause, not someone else's. For example, we don't support you to fundraise for someone else's non-profit, you can however, start your own.
  2. We expect your vision and representation of yourself to be clear, honest and sincere. We reserve the right to verify accounts during the registration process.
  3. Projects can offer rewards, but cannot offer equity.
  4. Project can't include prohibited or illegal items.
  5. If you don't see a category you feel fits your vision, contact us so we can help or create a new category.
     

3. CHAMPIONS

If you wish to become a Champion for the purpose of donating to the campaigns available on the website and published by the entrepreneurs, you must read this agreement and indicate your acceptance during the registration process or during the donation process. In consideration of the use of the platform and the purpose of making donations, you declare that you are of legal age to enter into obligations and make transactions according to applicable legislation or in the case of being a minor, have the permission of your parents or legal guardians to become a Champion and make donations through this website and through your parents' or legal guardians' credit card. You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form or donation process and to maintain and promptly update your information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Virtual Lemonade Stand reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) at any time without notice.

For more information about "Champions" users please click on the following link:

https://thevirtuallemonadestand.com/content/pages/champions-faq
 

4. ACCOUNT

If you register as a user, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Virtual Lemonade Stand of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from The Virtual Lemonade Stand. The Virtual Lemonade Stand will not be liable for any loss or damage arising from your failure to comply with this agreement.

You may control your user profile and how you interact with the service by changing the settings in your account. By providing The Virtual Lemonade Stand with your email address, you consent to our use of such email address to send you notices regarding the services. We may also use your email address to send you other messages, such as changes to service features and special offers. If you do not wish to receive such e-mails, you may opt-out of receiving them by sending us your request via the contact information. Opting out may prevent you from receiving emails about updates, upgrades or offers.

The users may terminate their accounts any time, for any reason, by following the instructions on The Virtual Lemonade Stand. That termination will only result in the deletion of the account and the deletion of all the personal data granted to The Virtual Lemonade Stand.

The Virtual Lemonade Stand reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if The Virtual Lemonade Stand believes that you have breached any of these terms, furnished The Virtual Lemonade Stand with false or misleading information, or interfered with use of the platform or the service by others.

5. DONATIONS

Donations can be made as a guest, simply by completing the donation process in the respective campaign or through your user account. If you donate as a guest, it is not necessary to register and open an account. All donations are final and non-refundable.

Donations will be made through “PayPal” (payment platform available at The Virtual Lemonade Stand). The donation amount will be charged to your credit or debit card immediately after you make the donation process on the website. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.  Your payment information will be treated and safeguarded securely and for the sole purpose of processing donations made through the website. The Virtual Lemonade Stand reserves the right to contract any payment platform available in the market, which will process your data and payment information for the sole purpose of processing donation transactions.

6. FEES

The Virtual Lemonade Stand is FREE to register for all users. For Visionaries, there is a 5% fee on what you raise. PayPal, our payments processor, will also collect a standard payment processing fee of 2.9% + $.30 for credit and debit card transactions. 

The Virtual Lemonade Stand reserves the right to determine the value of the commissions for the use of the platform and the website and reserves the right to change the value of the commissions at any time. v will make reasonable efforts to keep the information on the value of commissions published on the website and on these terms up to date. We encourage you to check the website periodically for updated fees information.

7. HOW TO WITHDRAW MONEY

Withdrawals are processed through PayPal, our payment processor. All donations and withdrawals are completely secure. When the user creates a campaign, they must establish an account with PayPal and provide their bank information so that The Virtual Lemonade Stand can transfer the donations they receive through the campaigns.  

Once the user receives a donation, the user can submit a withdrawal request and those funds will be transferred and will be available for withdrawal immediately, once they are processed. Withdrawals usually take 2-5 business days depending on the area. If the user decides to withdraw money during the course of the campaign, the donation meter will not be affected.

8. DISCLAIMER

The campaigns published by users are not offered or published by The Virtual Lemonade Stand. The services of The Virtual Lemonade Stand are limited only to provide the platform and virtual space to publish such campaigns and facilitate the realization of donations by other users. The Virtual Lemonade Stand is not responsible for the accuracy, security or legality of the information contained in the campaigns published on the website by users. 

Disputes arising between users shall be resolved by the users themselves. The Virtual Lemonade Stand does not accept any claim in relation to information contained in the campaigns published by users on the website. Communications established between users as a result of any connection within the The Virtual Lemonade Stand website are the sole and exclusive responsibility of the users.

In the event that one or more users or any third party initiate any type of claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt The Virtual Lemonade Stand from any responsibility.

9. LICENSE TO USE THE PLATFORM

The Virtual Lemonade Stand gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by The Virtual Lemonade Stand as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by The Virtual Lemonade Stand, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of The Virtual Lemonade Stand or third parties.

This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (5) distribute intellectual property without ownership or a license to distribute such property (6) Breach, in any way, the terms of service, privacy policy or rules of this web site or the recipients.

The Virtual Lemonade Stand reserves the right to terminate your access immediately, with or without notice, and without liability to you, if The Virtual Lemonade Stand believes that you have violated any of these terms or interfered with the use of the website or service by others.

10. COPYRIGHT

All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilations and software, is the property of The Virtual Lemonade Stand or its content provider users and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of The Virtual Lemonade Stand and protected by international copyright laws. All software used on this site is the property of The Virtual Lemonade Stand or its software suppliers and protected by international copyright laws. You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website and platform in any way without our prior written approval, or stated otherwise on our site. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website and platform, you do not own any rights or titles to our content or other intellectual properties.

11. COPYRIGHT COMPLAINTS 

The Virtual Lemonade Stand respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with The Virtual Lemonade Stand infringe upon your copyright or other intellectual property right, please send the following information to: 

  1. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  2. A statement specifically identifying the location of the infringing material, with enough detail that The Virtual Lemonade Stand may find it on the The Virtual Lemonade Stand Site.  Please note: it is not sufficient to merely provide a top-level URL.
  3. Your name, address, telephone number and e-mail address.
  4. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
     

12. USER CONTENT 

Certain features of the platform allow users to upload content, which may be composed of messages, images, video, text and others, and to publish that user content on the platform. The user retains the copyright that he may have on the user content he publishes on the platform. The Virtual Lemonade Stand is not responsible for the accuracy, security or legality of user content posted on the platform. Users are solely and exclusively responsible for their content and the consequences of publishing their content on the platform. The Virtual Lemonade Stand, nor its directors, agents, employees and partners shall have any liability for content posted by users on the platform. By providing, publishing and sharing content through the platform, you grant The Virtual Lemonade Stand a worldwide, non-exclusive, royalty-free and fully paid (with the right to sublicense) right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting to display and distribute your user content, in whole or in part on the platform and through any media channel.

13. USER CONTENT REPRESENTATIONS AND WARRANTIES

The Virtual Lemonade Stand disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the website, you affirm, represent, and warrant that:

a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize The Virtual Lemonade Stand and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by The Virtual Lemonade Stand, the service, and these terms.

b) Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) 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; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause The Virtual Lemonade Stand to violate any law or regulation.

c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment. 
 

14. USER CONTENT DISCLAIMER

The Virtual Lemonade Stand may at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against The Virtual Lemonade Stand with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, The Virtual Lemonade Stand does not permit copyright-infringing activities on the Service.

You acknowledge and agree that The Virtual Lemonade Stand reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time The Virtual Lemonade Stand chooses to monitor the content, The Virtual Lemonade Stand still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

15. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
 

16. PROHIBITED ACTIVITIES

The content and information available on the website and platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to The Virtual Lemonade Stand or licensed to the The Virtual Lemonade Stand by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. Additionally, you agree not to:

  1. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by The Virtual Lemonade Stand;
  2. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission;
     
  3. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
     
  4. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
     
  5. Deep-link to any portion of the Services for any purpose without our express written permission;
     
  6. "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
     
  7. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Virtual Lemonade Stand in connection with the services;
  8. Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; 
     
  9. Download any Content unless it’s expressly made available for download by The Virtual Lemonade Stand.

17. DISCLAIMER OF WARRANTIES 

The Virtual Lemonade Stand will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Because of the nature of the Internet The Virtual Lemonade Stand provide and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our platform may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse v for any loss or damage caused as a result.

The Virtual Lemonade Stand will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, The Virtual Lemonade Stand excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to  The Virtual Lemonade Stand and  The Virtual Lemonade Stand shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on The Virtual Lemonade Stand;
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
  • Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from The Virtual Lemonade Stand.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.
     

18. THE VIRTUAL LEMONADE STAND AND THIRD PARTIES

The Virtual Lemonade Stand contains Content of third-party licensors to The Virtual Lemonade Stand, which is protected by copyright, trademark, patent, trade secret and other laws. The Virtual Lemonade Stand owns and retains all rights, title and interest in the Content. The Virtual Lemonade Stand hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through The Virtual Lemonade Stand or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing The Virtual Lemonade Stand and using the Service. 

Any dealings with third parties included within or on The Virtual Lemonade Stand involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. The Virtual Lemonade Stand is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on The Virtual Lemonade Stand does not constitute an endorsement or recommendation of such third party or the product or services of such third party by The Virtual Lemonade Stand or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on The Virtual Lemonade Stand is provided to you for informational purposes only. The Virtual Lemonade Stand encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While The Virtual Lemonade Stand works to ensure the information on The Virtual Lemonade Stand is current and accurate.

19. SECURITY COMPONENTS

You understand that The Virtual Lemonade Stand and software embodied within The Virtual Lemonade Stand may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by The Virtual Lemonade Stand and/or content providers who provide content to The Virtual Lemonade Stand platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into The Virtual Lemonade Stand.

20. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by The Virtual Lemonade Stand for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 

21. INDEMNIFICATION

You agree to defend and indemnify The Virtual Lemonade Stand from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the The Virtual Lemonade Stand platform and services.

22. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
 

23. PERSONAL DATA

Any personal information you post on or otherwise submit in connection with the Services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy. 
 

24. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Virtual Lemonade Stand without restriction.

25. INTEGRATION CLAUSE

This agreement together with the Privacy Policy and any other legal notices published by The Virtual Lemonade Stand, shall constitute the entire agreement between you and The Virtual Lemonade Stand concerning and governs your use of the platform.

26. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the The Virtual Lemonade Stand website shall be settled by binding arbitration between you and The Virtual Lemonade Stand, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyright, trademark, trade secret, patent or other intellectual property rights.

27. HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

28. FINAL PROVISIONS

These terms are governed by the USA laws. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

29. CONTACT US

If you have questions or concerns about these terms, please contact us through our contact page.