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 Lunas Rustic Woodworks & T-Shirts Terms of Service

1. ACCEPTANCE OF TERMS

Luna's Rustic Woodworks & T-Shirts welcomes you. Luna's Rustic Woodworks & T-Shirts provides its service to you subject to the following Terms of Service ("Terms of Service"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://lunascustomtshirts/tec-terms/. In addition, when using particular Luna's Rustic Woodworks & T-Shirts owned or operated services, you and Luna's Rustic Woodworks & T-Shirts shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to the (Anti Spam Law) are hereby incorporated by reference into the Terms of Service.

2. DESCRIPTION OF SERVICE

Luna's Rustic Woodworks & T-Shirts provides users with access to a rich collection of resources, including various communications tools and shopping services. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Luna's Rustic Woodworks & T-Shirts to provide the Service. You also understand and agree that the Service may include certain communications from Luna's Rustic Woodworks & T-Shirts, such as service announcements, administrative messages and the Luna's Rustic Woodworks & T-Shirts Newsletter, and that these communications are considered part of Luna's Rustic Woodworks & T-Shirts membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Luna's Rustic Woodworks & T-Shirts properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Luna's Rustic Woodworks & T-Shirts assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or Luna's Rustic Woodworks & T-Shirts has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luna's Rustic Woodworks & T-Shirts has the right to refuse any and all current or future use of the website(or any portion thereof).

4. Luna's Rustic Woodworks & T-Shirts PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Luna's Rustic Woodworks & T-Shirts and its affiliates.

7. INTERSTATE NATURE OF COMMUNICATIONS ON

When you purchase through Luna's Rustic Woodworks & T-Shirts, you acknowledge that in using Luna's Rustic Woodworks & T-Shirts services to send electronic communications (including but not limited to email) you will be causing communications to be sent through Luna's Rustic Woodworks & T-Shirts's computer networks, portions which are located in North Dakota. As a result, and also as a result of Luna's Rustic Woodworks & T-Shirts’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Luna's Rustic Woodworks & T-Shirts does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Luna's Rustic Woodworks & T-Shirts the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    • With respect to Content you submit or make available for inclusion on publicly accessible areas of Luna's Rustic Woodworks & T-Shirts Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Luna's Rustic Woodworks & T-Shirts Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time Luna's Rustic Woodworks & T-Shirts removes such Content from the Service.

    "Publicly accessible" areas of the Service are those areas of the Luna's Rustic Woodworks & T-Shirts network of properties that are intended by Luna's Rustic Woodworks & T-Shirts to be available to the general public. By way of example, publicly accessible areas of the Service would include Luna's Rustic Woodworks & T-Shirts Message Boards and portions of Luna's Rustic Woodworks & T-Shirts Groups,  that are open to visitors.

    10. INDEMNITY

    You agree to indemnify and hold Luna's Rustic Woodworks & T-Shirts and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the website, your use of the website, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

    11. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the website.

    12. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Luna's Rustic Woodworks & T-Shirts may establish general practices and limits concerning use of the website, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service. You agree that Luna's Rustic Woodworks & T-Shirts has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by through the website. You further acknowledge that Luna's Rustic Woodworks & T-Shirts reserves the right to modify these general practices and limits from time to time.

    15. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Luna's Rustic Woodworks & T-Shirts shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.

    16. LINKS

    The website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Luna's Rustic Woodworks & T-Shirts has no control over such sites and resources, you acknowledge and agree that Luna's Rustic Woodworks & T-Shirts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Luna's Rustic Woodworks & T-Shirts 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

    17. Luna's Rustic Woodworks & T-Shirts'S PROPRIETARY RIGHTS

    You acknowledge and agree that the website and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Luna's Rustic Woodworks & T-Shirts or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    18. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. LUNAS RUSTIC WOODWORKS & T-SHIRTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LUNAS RUSTIC WOODWORKS & T-SHIRTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Service.
  3. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUNAS RUSTIC WOODWORKS & T-SHIRTS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LUNAS RUSTIC WOODWORKS & T-SHIRTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

23. NOTICE

Luna's Rustic Woodworks & T-Shirts may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on the Service.

24. TRADEMARK INFORMATION

The Luna's Rustic Woodworks & T-Shirts name and logo as well as the Native American Pride name and logo are trademarked as are the names Luna's Custom Prints and Luna's Custom Tshirts. Trademarks and or Service Marks and other Luna's Rustic Woodworks & T-Shirts logos and product and service names are trademarks of Luna's Rustic Woodworks & T-Shirts. You may not copy or reuse or resell the logo, name and/or images without Luna's Rustic Woodworks & T-Shirts' prior permission, and you agree not to display or use in any manner the Luna's Rustic Woodworks & T-Shirts Marks.

26. GENERAL INFORMATION

Entire Agreement. The Terms of Service constitutes the entire agreement between you and Luna's Rustic Woodworks & T-Shirts and governs your use of the website, superseding any prior agreements between you and Luna's Rustic Woodworks & T-Shirts with respect to the website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Luna's Rustic Woodworks & T-Shirts products.

Choice of Law and Forum. The Terms of Service and the relationship between you and Luna's Rustic Woodworks & T-Shirts shall be governed by the laws of the State of North Dakota without regard to its conflict of law provisions. You and Luna's Rustic Woodworks & T-Shirts agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ward, North Dakota.

Waiver and Severability of Terms. The failure of Luna's Rustic Woodworks & T-Shirts to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

Please report any violations of the Terms of Service to our customer care group

   

© Copyright 2006 Luna's Rustic Woodworks & T-Shirts. All rights reserved. Terms and Conditions - Privacy Policy