Terms and Conditions of Use Agreement:
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.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN
ORDER TO PARTICIPATE ON THIS SITE (unless noted otherwise).
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 member or 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 any
membership can be cancelled without notice if it is determined that false or
misleading information has been provided, the Terms and Conditions of use have
been violated, or other abuses have occurred as determined by LunarBerry
in its sole discretion. If membership has been revoked, LunarBerry
reserves the right to refuse application or readmission to any offered membership
program.
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, sublicense, 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's 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 or right given to you to obtain information 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. Return/Refund Policy. Due to the nature of our online site,
and the products listed, we at LunarBerry have a NO RETURN
policy for most products.
The only exception for a return on an item for refund/replacement
are items that are one of a kind (OOAK) and/or items costing over $50. Refunds
will be issued once returned item is received. Such items may be restocked
for resale.
"Original" physical commissioned items will only receive
a certain percentage of the amount as a refund, the rest of the non
refundable amount is to to cover cost/time and buyers must be aware
that items maybe restocked and resold as buyers gave up their rights to the
item when they return it.
Digital items in any shape or form will receive no refunds at all
once digital item(s) is sent, due to the nature of being unable
to determine if buyers will delete items once refund is issued. Under those
circumstance, a "credit/gift certificate" may be issued for obtaining/discounting
equal amount for other items in the shop. The only time a refund can be issued
for digital items is before it is sent to the buyer.
Only items that we have more than one in stock could we issue a return/replacement
for a like item.
19. Shipping Policy. Most will items will have a shipping
price listed, unless stated otherwise. For digital items, there will be no shipping
cost. Shipping outside the USA and Canada will require an email inquiry of shipping
costs related to such said countries. Shipping provided for overseas will be
shipped with EMS, global priority, or such similar service plus insurance (unless
buyers states otherwise) to insure that items are reached to buyer quickly and
safely. Once item is shipped, we are not responsible for any loss or damages
to such items. You must report to your post office of any loss and damages.
20. Verify Members' Address: LunarBerry Studio reserves
the right to contact a Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to provide
the Member with the information he or she requested from LunarBerry.
21. Lapsed Accounts: In order to keep LunarBerry Studio
membership roster current, if a Member does not access his or her account for
a period of 180 days (6 months) or more, LunarBerry Studio
may, in its sole discretion, terminate such Member's account. LunarBerry
Studio will endeavor to notify a Member of LunarBerry Studio intent
to terminate such Member's account by notice to such Member's provided email
address at least 7 days prior to deactivation. If the Member fails to respond
to such email notice with 28 days after the day it is sent by LunarBerry
Studio, such Member's account will be terminated as noted above. Therefore,
LunarBerry Studio strongly recommends that all Members keep their accounts
and contact data current and in use. While LunarBerry Studio desires
to prevent active accounts from being terminated prematurely, LunarBerry
Studio has no obligation to maintain accounts that appear to LunarBerry
Studio to have been abandoned. Each Member agrees that failure to access
his or her account for 180 days or more conclusively indicates that such Member's
account has been abandoned and that the account may therefore be terminated.