THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Rebel Lemon Ltd and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Rebel Lemon Ltd website: https://www.rebellemon.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website and Services, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Rebel Lemon Ltd shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Rebel Lemon Ltd for services rendered shall remain and continue to be an ongoing obligation owed by Client to Rebel Lemon Ltd. By signing up to a recurring payment plan with Rebel Lemon Ltd you are agreeing to the Terms and Conditions listed in this agreement.
Unless otherwise indicated, the Website is the property of Rebel Lemon Ltd and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Rebel Lemon Ltd and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United Kingdom, Ireland, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Rebel Lemon Ltd express prior written permission. Rebel Lemon Ltd reserves all rights in the Website, Content and Marks.
Notwithstanding Rebel Lemon Ltd ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Rebel Lemon Ltd, and Rebel Lemon Ltd shall be the sole owner of the copyright for all Projects unless otherwise agreed with the client or as part of the 'Custom' plan. In the event that any operation of law would cause the Client to become the owner of a Project, in whole or in part, rather than Rebel Lemon Ltd, the Client irrevocably and perpetually assigns its entire interest in the Project to Rebel Lemon Ltd, without limitation. Client warrants that any and all materials provided to Rebel Lemon Ltd as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Rebel Lemon Ltd always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
In the event that any Project incorporates fonts that are not owned by Rebel Lemon Ltd and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Rebel Lemon Ltd will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Rebel Lemon Ltd has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
Use of our Services requires payment of recurring fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. All fees are due upon receipt of invoice or upon signup through the website. You will be billed in advance on a recurring and periodic basis (such as monthly, half-yearly or annually). At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Rebel Lemon Ltd cancels it. Failure of Rebel Lemon Ltd to provide an invoice does not relieve you of your obligation to pay the fees in accordance with the terms specified when you register. You agree that, upon registering for the Services, you authorise us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly or every 6 months). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend or terminate your account in the event you fail to pay amounts owed to us when due. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this agreement. We reserve the right to change our fees upon 5 days’ advance notice. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees. Unless otherwise stated, VAT Is not included in our service costs. You will be informed of this change and all prices shown will exclude VAT for UK firms and not applicable for any firms in USA and EU.
You may cancel your subscription with us at any time by contacting our support team at hey@rebellemon.com. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, you will no longer have access to our Services and all design files associated with those Services. We do not provide refunds or credits for partial months of service, downgrades, or unused time.
Rebel Lemon Ltd have a zero tolerance policy for any action, behaviour or language it believes to be inappropriate or abusive (either direct or indirect) and reserve the right to cancel a client's subscription plan immediately without refund.
By using the Website and Services, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website or Services for any illegal or unauthorized purpose; Client’s use of the Website or Services will not violate any applicable law or regulation.
Client shall not access or use the Website or Services for any purpose other than that for which the Website and Services are made available to the Client. The Website and Services may not be used in connection with any commercial endeavors except those related to the work performed by Rebel Lemon Ltd on behalf of the Client. Unless otherwise stated, all Designs created through our service are for personal or business use only and may not be resold, unless agreed by Rebel Lemon first. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorised framing or linking of the Website; Trick, defraud or mislead Rebel Lemon Ltd or other users; Interfere with, disrupt or create an undue burden on the Website or Rebel Lemon Ltd networks or servers; Use the Website in an effort to compete with Rebel Lemon Ltd; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Rebel Lemon Ltd employees, independent contractors or agents providing services through the Website or third-party portals; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Rebel Lemon Ltd; Use the Website or Services in a manner inconsistent with any applicable laws, statutes or regulations.
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Rebel Lemon Ltd and Rebel Lemon Ltd is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Rebel Lemon Ltd shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Rebel Lemon Ltd for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
Rebel Lemon Ltd reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Rebel Lemon Ltd further reserves the right to restrict or deny access to the Website or Services or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Rebel Lemon Ltd, without notice or liability to Client. All decisions regarding the management of the Website and Services shall be at the sole discretion of Rebel Lemon Ltd and shall be designed to protect Rebel Lemon Ltd rights and property.
By using the Website and Services, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Rebel Lemon Ltd does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Rebel Lemon Ltd without parental consent, Rebel Lemon Ltd shall delete that information as soon as reasonably practical.
Rebel Lemon Ltd shall not knowingly share the information of one Client with another Client and will keep all project work, either ongoing or final, private, except that which is used for Rebel Lemon Ltd own promotional purposes.
Except when required by law, paid subscription fees are non-refundable. Rebel Lemon Ltd reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Rebel Lemon Ltd are ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Rebel Lemon Ltd reserves the right to take appropriate legal actions against Client for breach of this paragraph.
Rebel Lemon Ltd reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Rebel Lemon Ltd reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
Rebel Lemon Ltd does not guarantee or warrant the Website or Services will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Rebel Lemon Ltd control. Client agrees that Rebel Lemon Ltd shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website or Services during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom and Ireland, without regard to conflict of law principals.
Any legal action of whatever nature shall be brought in the courts of Nothern Ireland or the Republic of Ireland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction.
International Law: For European Union (EU) Users: If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.United States Federal Government End Use Provisions: If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at48 C.F.R. §2.101.United States Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Website and Services are provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Rebel Lemon Ltd disclaims all warranties, express or implied, in connection with the Website, their Services and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Rebel Lemon Ltd makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Rebel Lemon Ltd assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Rebel Lemon Ltd secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Rebel Lemon Ltd does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
In no event shall Rebel Lemon, be liable for any indirect, incidental, special, or consequential damages arising from the use of our services. Rebel Lemon Ltd and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, solicitor fees, legal fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website or Services. Client agrees to defend, indemnify and hold harmless, Rebel Lemon Ltd and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Rebel Lemon Ltd reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Rebel Lemon Ltd hereunder. Client agrees to cooperate with the defense of such claims.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website or Services. Rebel Lemon Ltd shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Rebel Lemon Ltd from any such loss or corruption.
Client hereby consents to receive electronic communications from Rebel Lemon Ltd and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Rebel Lemon Ltd or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
Rebel Lemon Ltd reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Rebel Lemon Ltd, which in turn would void the right of Rebel Lemon Ltd to share or discuss Client's work publicly. Notice must be issued to Rebel Lemon Ltd as soon as possible to hey@rebellemon.com
Referral tracking and payouts are handled through on a case by case basis after the referral is verified by the new Client (the Referee) to which the referral pertains. Referral payments will be made montly to the Referrer at the rate of 5% of the current plan to which the Referee is subscribed. Any obligation to pay referral payments will cease should the Referee pause or cancel their subscription. Should the Referee resume, payments to the Referrer shall resume. Should the Referee cancel their plan, this terminates any obligation to continue any payout. Rebel Lemon Ltd reserves the right to discontinue making referral payouts and is not obligated to resume payouts should the Referee resubscribe at a later date.
If Rebel Lemon Ltd are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
Rebel Lemon Ltd operate Monday to Friday, 09:00 – 17:00 GMT. Although Rebel Lemon Ltd endeavour to work quickly and efficiently, we do not guarantee that requests can be accommodated on the same day a request is made. Requests made on a Friday may not be able to be accmodated on that day and will be addressed on the next working day. Rebel Lemon Ltd adhere to statutory holidays, bank holidays and religious holidays in the region of which their designers are located.
Depending on your subscription plan, Rebel Lemon Ltd will work on one request at a time or two requests at a time respectively. Rebel Lemon Ltd reserve the right to modify requests made by clients to aid in the management of a project. Rebel Lemon Ltd will determine the appropriate usage of the request format and, if necessary, will define the deliverable stages for a larger or multi-facted request. Rebel Lemon Ltd reserves the right to determine what it constitutes fair usage and cancel a subscription plan should it deem the service to have been used unfairly or inappropriately. Rebel Lemon Ltd will notify a client in advance of any breaches of this policy and give fair notice prior to cancellation should they continue to breach this policy.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Rebel Lemon Ltd. Rebel Lemon Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Rebel Lemon Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that are available on these sites before proceeding.
Although regular backups of Content are performed, Rebel Lemon Ltd does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. Rebel Lemon Ltd will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Rebel Lemon Ltd has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Rebel Lemon Ltd. Failure of Rebel Lemon Ltd to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Rebel Lemon Ltd.
