TERMS AND CONDITIONS
Last Updated: March 23, 2018.
WELCOME TO THE Lunar Beauty WEBSITE (THE "SITE")
Welcome to the Terms and Conditions (“Terms”) for Lunar Beauty, Inc. (“Lunar Beauty,” “we,” “us” or “our”). Lunar Beauty provides the content and services available on the Site to you subject to the following Terms.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SITE.
Note that Section 13 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
Lunar Beauty reserves the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by posting a notice on the Site or updating the “Last Updated” date at the beginning of these Terms. If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site. By continuing to access or use the Site or order, receive or use our products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
Furthermore, although the Site is not designed for use by children under the age of 13, Lunar Beauty does not solicit personal information from children under the age of 13. Lunar Beauty will not knowingly collect personally identifiable information from children under 13. In the event a parent or guardian believes that their child (under 13) has submitted or posted personally identifiable information and the parent or guardian wishes to have it deleted, please contact the Site's host. Furthermore, Lunar Beauty may, at its sole discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
- Terms of Sale
- Payment and Billing Information
By submitting your payment information to us, you authorize us (or our third party payment processor) to charge your credit card or other available payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”) in accordance with this policy. You acknowledge that the amount billed may vary due to promotional offers, changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card or other payment method to make Orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
If your payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. We will not, however, be able to notify you of changes in any applicable taxes.
- Changes to your Order and Modifications to the Site
All of our products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products and to substitute products without prior notice. Given market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
In addition, occasionally there may be information on our Site that contains errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and product shipping charges and schedules. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your Order).
We undertake no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law, and we reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof). No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated.
We will collect applicable sales tax on products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with applicable tax laws.
- Shipping & Returns
We offer many products which may be shipped to you either directly from us or via a third-party fulfillment service provider. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Shipping is handled by a third-party fulfillment service provider. When you purchase a product from us, any shipping times shown on the Site are estimates only. Actual delivery dates may vary. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the products to the third-party fulfillment service provider.
Please check all shipping addresses carefully, as we will not offer refunds for any returned products. Should you have additional questions relating to order processing and handling, returns and/or exchanges, please contact email@example.com.
- No Resale
You are not permitted to resell, export or otherwise use our products for commercial purposes without our prior written consent.
- License to Access and Use Our Sites and Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 9), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Lunar Beauty or our licensors, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, or (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Lunar Beauty or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by Lunar Beauty or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
- Repeat Infringer Policy; Copyright Complaints
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at firstname.lastname@example.org.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly materially misrepresent that material or activity within the Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the Digital Millennium Copyright Act.
“Lunar Beauty,” the Lunar Beauty logo and any other Lunar Beauty product or service names, logos or slogans that may appear on the Site or on Lunar Beauty products are trademarks of Lunar Beauty and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Lunar Beauty” or any other name, trademark or service name of Lunar Beauty without our prior written permission.
- Third Party Content
We may display content, advertisements and promotions from third parties through the Site or in shipments with products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Lunar Beauty is not responsible or liable in any manner for such interactions or Third Party Content.
- User Conduct
You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the Site or the method by which we provide our services to our users, including:
- Posting or transmitting through the Site any material which: (i) violates or infringes upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability;
- Using the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
- Reverse engineering any aspect of the Site or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
- Attempting to circumvent any content-filtering techniques we employ or attempting to access any feature or area of the Site that you are not authorized to access;
- Developing any third party applications that interact with user content or the Site without our prior written consent;
- Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extracting data or otherwise interfering with or modifying the rendering of Site pages or functionality; or
- Using the Site for any illegal or unauthorized purpose, or engaging in, encouraging or promoting any activity that violates these Terms.
- User Content
We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us textual, audio and/or visual content and information, including reviews and feedback related to the Site (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of your User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
By using the Site, you agree to defend, indemnify and hold harmless Lunar Beauty, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively the “Lunar Beauty Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of our Content, information, services and products, other than as expressly authorized in these Terms.
ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LUNAR BEAUTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITE OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
- Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUNAR BEAUTY OR ANY OF THE OTHER LUNAR BEAUTY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LUNAR BEAUTY, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LUNAR BEAUTY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LUNAR BEAUTY AND THE OTHER LUNAR BEAUTY PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM LUNAR BEAUTY EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE LUNAR BEAUTY’S AND THE OTHER LUNAR BEAUTY PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
- Governing Law, Venue and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LUNAR BEAUTY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All matters relating to the Site, our products and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California in the United States without giving effect to any choice or conflict of law provision or rule. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Lunar Beauty agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating all such disputes.
ANY DISPUTE, CLAIM OR CONTROVERSY RELATING IN ANY WAY TO YOUR USE OF THE SITE, OUR PRODUCTS OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ANY DISPUTE BETWEEN YOU AND LUNAR BEAUTY AND THAT, TO THE EXTENT PERMITTED BY LAW, YOU AND LUNAR BEAUTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
If you elect to seek arbitration or file a small claims court action, you must first send to Lunar Beauty, by certified mail, a written notice of your claim (a “Notice”). The Notice must be addressed to: Attn: Lunar Beauty Legal Department, 9595 Wilshire Blvd., Suite 900. Beverly Hills, CA 09212 (the “Notice Address”). A Notice, whether sent by you or Lunar Beauty, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought including a detailed explanation of how the amount of any monetary relief was calculated (the “Demand”). If Lunar Beauty and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Lunar Beauty may commence an arbitration proceeding or, if applicable, file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall govern. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. The arbitrator must strictly construe and apply these Terms as written and must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
YOU AND LUNAR BEAUTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lunar Beauty agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (for removal of doubt, the entirety of this arbitration provision shall be null and void only if this specific provision regarding the requirement that claims be brought only in your or Lunar Beauty’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, is deemed unenforceable. If any other clause or provision of this arbitration provision is found to be unenforceable, then pursuant to Section 15 below, that specific clause or provision shall be struck, and the remainder of this arbitration provision shall be enforced). The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use our products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your Lunar Beauty account: all defined terms and Sections 1, 3, 4 (first paragraph only), 5 through 17.
These Terms constitute the entire agreement between you and Lunar Beauty relating to your access to and use of the Site and your order, receipt and use of Lunar Beauty’s products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Lunar Beauty. Lunar Beauty may assign its rights and privileges under these Terms (including any information provided by you to us), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Lunar Beauty’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.