Eligibility. The Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are 18 years of age or older. If you are under 18, you must not access or use the Site.
Permission to Use the Site. We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.
Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accessing the Site and Account Security
We reserve the right to withdraw access to or change the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to registered users.
To access the Site or some of the good or services or content offered on or through the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to the Site is correct, current, and complete.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
You represent and warrant to us that any information you provide to us, including any contact information is accurate and that you will keep it accurate and up to the date. If you do not wish to input certain information due to personal concerns, then please omit this information when you use the Site or subscribe to our newsletters.
Communications from Luna Luna. By providing your information and/or subscribing to our newsletters, you agree to receive communications we, our partners and service providers send in connection with Site. For example, you may receive occasional updates about special promotions and events. Such communications may be sent by email, text messages or other means. You can unsubscribe from receiving communications by clicking “unsubscribe” at the bottom of any newsletter or by emailing firstname.lastname@example.org. We reserve the right to communicate with you about any important administrative issues relating to the Site or your subscription (including technical, security-related, privacy and functional issues).
Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g. charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier).
CONTENT AND PROPRIETARY RIGHTS
“Content” means text, displays, images, photos, audio, video, location, data, and all other forms of data or communication, (including but not limited to visual interfaces, interactive features, graphics, design, computer code, products, software, and all other elements and components of the Site).
The Site and its entire Contents, features, and functionality (including to the extent possible under applicable law all images and videos featured on the Site), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As such, you may not modify, alter, scrape, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by Luna Luna and its licensors and providers. “Luna Luna” and all other names, phrases, logos and icons identifying Luna Luna and its programs, products, and services, whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks of Luna Luna and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademarks and copyright laws.
Certain content, including photographs on the Site, may be owned by third parties. Reproduction including downloading of any photographs is prohibited without the express written permission of the copyright owner(s)’s express written permission. Other product and company names mentioned on the Site may be trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of the trademark owner is strictly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Luna Luna or any third party.
We may suspend or terminate your access to the Site at any time, with or without notice, if you violate any of these Terms, as determined in our sole discretion. We also reserve the right to modify or discontinue the Site at any time (including without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
Reliance on Information Posted.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Changes to the Site.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
LINKS FROM AND TO THE SITE
Links from the Site.
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES FOR SUCH WEBSITES.
Linking to the Site and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
You consent to receiving communications from or on behalf of the Company, which communications may include, without limitation, notifications, emails, and text messages. Some communications may pertain to your Account or the Site or purchases made through the Site. Other communications may be marketing communications. Standard message and data rates may apply in each instance.
If you prefer not to receive emails from us about offers and promotions, please unsubscribe via the unsubscribe link in an email, or Contact Us. If you prefer not to receive text messages from us, please unsubscribe by texting back STOP or such other prompt contained in the text message. Alternatively, you may opt-out of commercial email or texts by updating your communication preferences in your Account profile. We will make efforts to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of third parties with which we have already disclosed personal information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails or texts from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
We reserve the right to communicate with you about any important administrative issues relating to the Site or your subscription (including technical, security-related, privacy and functional issues).
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
WE ARE NOT AGENTS OF ANY THIRD-PARTY PROVIDER. WE MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY BUSINESSES OR ADVERTISER LISTED ON THE SITE. ACCORDINGLY, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF APPLICABLE LAW DOES NOT PERMIT EXCLUSION OF ALL DAMAGES, THEN YOUR DIRECT DAMAGES ARISING OUT OF RELATING TO YOUR USE OF THE SITE OR CONTENT SHALL BE LIMITED TO $100.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
ENFORCEABILITY. IF ANY OF THE FOREGOING LIMITS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THEY SHALL BE CONSTRUED TO PROVIDE SUCH LIMITS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
BINDING ARBITRATION – CLASS ACTION WAIVER
This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. For purposes of this arbitration provision, references to “Site Operators,” (hereinafter defined) “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors and assigns.
If arbitration is unavailable or unenforceable for any reason, each of the parties hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, as well as to the jurisdiction of all courts from which an appeal may be taken therefrom, for all Disputes. Any and all objections that any party may have regarding venue in any such court is hereby waived.
LIMITATIONS OF ACTIONS.
Any cause of action or claim you may have arising out of or relating to any dispute must be commenced within one (1) year after the cause of action or claim accrues; otherwise such cause of action or claim is permanently barred.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through the Site or other transactions for the sale of goods or ticket purchases formed through the Site, or resulting from visits made by you to the Site, are governed by our Terms of Sale and/or Ticket Terms of Sale in effect as of the date of purchase, as applicable.
The owner of the Site is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
SPECIAL NOTICE FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
CONTINUITY OF SITE.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to our Contact Us page.
Luna Luna’s place of business address:
Luna Luna, LLC
10960 Wilshire Blvd., 5th Floor
Los Angeles, CA 90024