LUNARMODSSM by Add2Net, Inc.
Terms Of Service
Welcome to LunarMods! We make social networking work for your business. This document describes the LunarModsSM services and sets forth the terms and conditions under which we provide the services to you. Your registration for a LunarMods account constitutes your affirmative expression of agreement to the terms set forth herein. If you should have any questions or comments about these terms please contact us at Support [at] LunarMods.com. Lunarmods is a property of Add2Net, Inc. Add2Net Inc. its subsidiaries, parents, agents, shareholders, employees, contractors, sub-contractors and partners are referred to herein as “LunarMods” or “Us”.
LunarMods is a collection of tools to that lets you easily and efficiently display the products in your existing storefront on Facebook. These tools include LunarStore and are referred to herein collectively as the “Service”. There is at this time no limitation upon the number if items that you may place into any LunarMods Catalogue or the server space that may be used in the storage of the data necessary to display and operate your Catalogue. We reserve the right to upgrade, add to, change, limit, alter or withdraw any tool, the space that can be utilized or the Service in its entirety at any time.
The Service is offered to any individual at least 18 years of age or at least 13 years of age with proper written parental consent. You must be otherwise eligible for and have a valid and existing Facebook® account based upon true and accurate registration information. You must remain at all times in compliance with these policies as well as those of Facebook and Amazon who we use to facilitate the payment portion of our LunarMods Catalogues. Your relationship is directly with these entities and you are responsible to ensure Your compliance with these policies.
Parental Consent: Please contact us at Support [at] LunarMods.com for information about what we need to provide your parental consent for a member between the ages of 13 and 18.
During your registration for the Service you will be offered the opportunity to select between two or more service plans. Generally these plans will be monthly or annually. The details of all of our plans are located on the LunarMods Available Plans page and are incorporated herein via this reference. You are responsible to be sure that whatever payment methodology you choose remains current and active. Any failure in payment including but not limited to the successful charging of your card, any chargeback or other wise receiving your payment will result in the suspension and/or termination of your account as set forth below. We reserve the right to add or change the fees charged for the Service at any time. Such changes will take effect at the next billing cycle after the change is effectuated. We reserve the right to.
At all times during your membership with LunarMods you will remain in full compliance with the laws of your State and the laws of the United States. You may not violate the rights of any third party including Intellectual property rights including but not limited to Trademark and Copyright.
You are responsible for any and all content that you post to Facebook via the Service. By uploading content of any kind via the Service you represent that you are either the owner of the content or that you have the specific written consent of the owner to use the content in the manner described in these terms. By Uploading such content you hereby grant LunarMods a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to LunarMods to use, reproduce, distribute, prepare derivative works of and display and or perform the Content in connection with the Services and the promotion of the Service by Lunarmods and/or our marketing partners. Failure to comply with this provision shall be grounds for the immediate termination of your account. You agree that the LunarMods Service is the protected intellectual property of LunarMods and that they are protected by copyright, trademark, and other laws of the United States and foreign countries. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service without the express written authorization of Lunarmods.
a. DMCA Policy: If you are a copyright owner and you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may contact our Copyright Agent at copyright [at] lunarmods.com.
LunarMods may utilize the services of subcontractors to fulfill any or all of its obligations under this Agreement. LunarMods may assign any or all of its rights and obligations to any third party without advance notice to you. In such event, such third party shall be obligated to fulfill all terms set forth herein to the same extent as if this Agreement had not been assigned.
You agree that you are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to your use of the Service and any use of the resulting Catalogue or any other services contemplated herein, and you agree to hold LunarMods harmless, protect, and defend us, our owners, shareholders, partners, and subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Notwithstanding anything to the contrary contained in these terms, neither LunarMods nor any of its partners, subcontractors or agents, warrant that the Service or any Catalogue produced by the Service will be or remain uninterrupted or error-free. The entire risk as to the quality and performance of the Service or any Catalogue produced by the Service is Yours. In no event will LunarMods be liable to You or any third party for any damages, loss of services including, but not limited to ecommerce features provided by the Service or otherwise including but not limited to: payment gateway(s), merchant account(s), service interruptions caused by Acts of God, hacking, DOS attacks or any other circumstances beyond our reasonable control. Any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the Service or any Catalogue produced by the Service; any failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, or You or Your customer's computer or browser, even if LunarMods has been advised of the possibility of such damages in the future are hereby disclaimed. The Service is provided to you in an "AS-IS" and "AS AVAILABLE" basis. Without limiting the forgoing, ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HERBY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADD2NET, INC. LUNARMODS THEIR SUBSIDIARIES, PARENTS, AFFILIATES, AGENTS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SUB-CONTRACTORS AND PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LUNARMODS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Depending upon your jurisdiction some of these waivers may not apply to you in which case they will be implemented to the fullest extent permitted by law.
Basic Search Engine Optimization (SEO) techniques are considered in provision of all Services under this Agreement. There are no other SEO services included. No listing or ranking with any search engine is promised or guaranteed under this Agreement. LunarMods does have partners that offer SEO related services. Please contact your LunarMods representative if you are interested in purchasing SEO services for your catalogue.
a. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
b. You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
c. You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
d. You shall not use your account to display pornographic content.
e. You agree not to provide or attempt any unauthorized access to the LunarMods Service or website or the website of any LunarMods customer.
f. You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
g. You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with LunarMods and for three years thereafter.
h. You agree not to undertake any action which is harmful or potentially harmful to the LunarMods server structure.
i. You agree not to access, tamper with, or use non-public areas of the Services, Lunarmods computer systems, or the technical delivery systems of LunarMods service providers.
j. You agree to reasonably fulfill all customer orders placed via any Catalogue build using the Service in a timely manner with goods and/or services that meet or exceed the claims in the Catalogue.
k. You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of LunarMods (b) any reseller of LunarMods Services (c) any other person or (d) any employee or contractor of LunarMods.
l. You agree that LunarMods will make the sole determination of any whether this policy has been violated. This policy may be amended by LunarMods at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
In the event that you breach any term of this agreement including but not limited to Section 3 (Service Fees) or in the event of any violation of the LunarMods Acceptable Use Policy, LunarMods may suspend your account by deactivating any access by you and by web users to Your account and to any information contained on the LunarMods servers related to your account while maintaining the information and data related to your account upon the LunarMods servers. Suspension shall specifically include the disabling of all of Your catalogues, ecommerce capabilities and access to information or data related to your account. In the event of any such suspension you will be notified. At the option of LunarMods you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated under paragraph 13. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the LunarMods servers. Such information or data may or may not be made available to you by LunarMods after any such termination. In the event of termination, there will be no refund of any Service Fees. This agreement may be terminated either (a) after a period of suspension and an opportunity to correct as set forth in paragraph 12 (b) Immediately upon any violation by you of this Agreement. (c) Immediately upon notice where the termination is the result of any cessation of Service provided by LunarMods to all customers or (d) by either party upon 10 days notice.
Interpretation and enforcement of these Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Us arising out of these Terms shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. Should any term of this Agreement be deemed invalid by such court, the invalidity of such provision shall not affect the validity of the remaining provisions herein, which shall remain in full force and effect. No waiver or failure to enforce any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. These Terms shall constitute the entire agreement between you and Us concerning the Services. We may revise these Terms from time to time and will provide notice to you of any changes to these Terms by posting them on this page and updating the version number below which includes the effective date. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
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