PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE.
I maintain this web site as a service to the viewers and customers, and by using
this site you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms and conditions carefully, and check
them periodically for changes. If you do not agree to the terms and conditions,
you should not review information or obtain goods, services or products from
this site. Subject to change without notification.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms and Conditions of use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes
the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement may be amended
by us at any time and from time to time without specific notice to you. The
latest Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information and
materials.
3. Fraud. By becoming a customer, you confirm that the information
provided in the forms you may fill is true and that you agree to abide by the
Terms and Conditions of use of this site. Please note that LunarBerry Studio
reserves the right to refuse to provide any services, when fraudulent activity
is suspected.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sub-license, sale, preparation
of derivative works or other use. No part of any content, form or document may
be reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution). Only exception is when a documented (and in some cases confirmed)
permission is granted for the item in question (digital or otherwise).
5. Editing, Deleting and Modification. We reserve the right
in our sole discretion to edit or delete any documents, information or other
content appearing on the Site, including this Agreement, without further notice
to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold
us and our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney fees, related to your violation of this Agreement or use
of the Site.
7. Nontransferable. Your right to use the Site is not transferable.
Any password, privileges or rights given to you to obtain information, services
or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages
caused by viruses contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE. Our maximum liability to you under all circumstances will be
equal to the purchase price you pay for any goods, services or information.
10. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you
and all information provided by you in any manner consistent with our Privacy
Policy.
11. Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase or otherwise
obtain certain goods or services. You understand that we do not operate or control
the products or services offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and Merchants.
YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy may change from time
to time, is a part of this Agreement.
14. Payments. You represent and warrant that if you are purchasing
something from us or from our Merchants that (i) any credit card information
you supply is true, correct and complete, (i) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges incurred
by you at the posted prices, including any shipping fees and applicable taxes.
15. Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions,
plans and objectives that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our Site,
words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking statements.
The Site and the information contained herein do not constitute an offer or
a solicitation of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
16. Links to Other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy or opinions express
in such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at
your own risk.
17. Submissions. All suggestions, ideas, notes, concepts and
other information you may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be subject
to any obligation of confidence on our part. Without limiting the foregoing,
we shall be deemed to own all known and hereafter existing rights of every kind
and nature regarding the Submissions and shall be entitled to unrestricted use
of the Submissions for any purpose, without compensation to the provider of
the Submissions.
18. Refund Policy.
Physical Products - "Original" custom commissioned
items are only refundable to a certain extent, in general 50% is nonrefundable
at all times to cover material/time cost. Only credit or a replacement (if items
cannot be fixed) may be issued under most circumstances. Credits issued from
returned products may not be used for any custom services, only for the use
in the purchase of other premade or made-to-order products, totaling in equal
value. Please note that for items to receive replacements (parts or otherwise)
you must show proof that item(s) need to be replaced or fixed (ex.- send a photo
or broken/cracked parts clearly shown). This apply for items past the refund
time and if they are damaged from inappropriate use or accidents, free replacement
applies only to damages cause by shipping process or if item is defective. Buying
spare parts is another whole seperate “product” and will have it’s
own separate cost.
Digital Products - Digital items in any shape or form
will receive no refunds at all once digital item(s) is sent/instant purchased
by the buyer, due to the nature of being unable to determine if buyers will
actually delete items once refund is issued. Only a "credit/coupon/etc."
will be issued for purchasing products of equal amount in value for other items
in the shop. Otherwise, if it's a matter of something needing a fix up or
slight adjustments (not including adjustments to actually change the product),
buyers will receive an updated/patched version of the product at no extra charge.
The only way a digital product would receive a refund is if it has not been
emailed or delivered yet, this includes if digital items have been burned or
copied to a physical formatt like a CD. I do offer digitals and arts to be payed
in session: upfront, modifications and completion. Note that canceling before
completion will not have payments that have been paid up to that point refunded,
but you will not be charged for further services not rendered, either.
19. Cancellations. For order cancellations, LunarBerry Studio
reserves the right to cancel any order(s) and provide refunds (where applicable)
under the following criterias:
1. Items are out of stock. Regardless if item will be restocked in the future
or not.
2. Unable to verify necessary buyer information.
3. Have not received payment for the order(s) within 4 weeks that the order
was made (applies to money orders).
4. Order has been canceled at the customer's request.
5. Complications within/during the order/processing which may included, but
not limited to, natural disasters, unable to obtain proper materials, or anything
that may hinder the item being shipped or created for a long period of time.
6. Unable to get in contact with or get a reply from the customer about the
order in question for 2 weeks (or more depending on circumstances), should problems
or questions arise.