Terms of Service
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "You") and Luna Kicks ("Luna Kicks," "We," "Us," or "Our"), governing your access to and use of the website lunakicks.com (the "Website"), including any content, functionality, and services offered on or through the Website.
By accessing or utilizing the Luna Kicks website (lunakicks.com), you acknowledge and irrevocably agree to be bound by these Terms of Service and our Privacy Policy, incorporated herein by reference. Should you disagree with any provision contained within these Terms, you are expressly prohibited from using or accessing this Website.
1. Definitions
1.1. "Luna Kicks" refers to the business operating lunakicks.com. 1.2. "Website" refers to lunakicks.com and all associated web pages, applications, and services. 1.3. "User" or "You" refers to any individual or entity accessing or using the Website.
2. Use of the Website
2.1. Acceptable Use. The User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. You shall not use the Website for any purpose that is unlawful or prohibited by these Terms. 2.2. Prohibited Activities. You shall not engage in any activity that interferes with or disrupts the integrity or performance of the Website. Prohibited activities include, but are not limited to: a. Transmitting any material that is unlawful, harmful, defamatory, or otherwise objectionable. b. Attempting to gain unauthorized access to the Website, its servers, or associated networks. c. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity. d. Uploading or distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. e. Collecting or harvesting any personally identifiable information from the Website without authorization. f. Engaging in any form of automated data collection, including but not limited to scraping, spidering, or crawling.
3. Intellectual Property Rights
3.1. All content, trademarks, service marks, logos, and other intellectual property displayed on the Website, including but not limited to text, graphics, images, audio, video, software, and compilation thereof, are the exclusive property of Luna Kicks or its licensors and are protected by applicable intellectual property laws. 3.2. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as incidental to normal web browsing for personal, non-commercial use. 3.3. Any unauthorized use of the Website's content may violate copyright, trademark, and other laws.
4. Product Information and Orders
4.1. Luna Kicks endeavors to display product information, including descriptions, pricing, and availability, with reasonable accuracy. However, we do not warrant that product descriptions or other content of this Website are entirely accurate, complete, reliable, current, or error-free. 4.2. All orders placed through the Website are subject to acceptance by Luna Kicks. We reserve the right to refuse or cancel any order placed for a product listed at an incorrect price or for other legitimate reasons. 4.3. Luna Kicks reserves the right to limit the quantity of items purchased per person, per household, or per order.
5. Disclaimers
5.1. THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED HEREIN ARE PRESENTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUNA KICKS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE'S OPERATION OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. 5.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUNA KICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND SECURITY.
6. Limitation of Liability
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUNA KICKS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE 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.
7. Indemnification
7.1. You agree to indemnify, defend, and hold harmless Luna Kicks, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Website.
8. Termination
8.1. Luna Kicks reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. 8.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law
9.1. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Luna Kicks is incorporated, without regard to its conflict of law provisions.
10. Modifications to Terms
10.1. Luna Kicks reserves the right to revise and amend these Terms at its sole discretion at any time. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website after such modifications constitutes your acceptance of the revised Terms.
11. Contact Information
11.1. For any questions regarding these Terms of Service, please contact us at [email protected].