TERMS OF USE SERVICE AGREEMENT

TERMS OF USE SERVICE AGREEMENT

By using our website and our services, you agree to the following terms:

Welcome to La Luna Creative L.L.C., operated by Jennifer Williams, located in Marshville, NC. By using the website located at https://www.lalunacreative.com, the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of La Luna Creative L.L.C. ("Member"). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the La Luna Creative L.L.C. Privacy Policy do not use the Service.

This Agreement is subject to change by La Luna Creative L.L.C. at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following La Luna Creative L.L.C. posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by La Luna Creative L.L.C. from time to time, such modifications to be effective upon posting by La Luna Creative L.L.C. on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.

  1. Access and Retention. To access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. Also, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or another access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
  2. Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
  3. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
  4. You have read and understood this Terms of Service; and
  5. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of La Luna Creative L.L.C., which may be revoked at any time, for any reason, in La Luna Creative L.L.C.’s sole discretion.

  1. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are entirely responsible for all activities that occur under your username and password. You agree to (a) immediately notify La Luna Creative L.L.C. of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. La Luna Creative L.L.C. will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your La Luna Creative L.L.C. account.
  2. Your Use of the Websites

a. You may not browse or download illegal content.

b. You must not copy or capture, or attempt to replicate or capture, any content from the Websites (the “Content”) or any part of the Websites unless given express permission by La Luna Creative L.L.C.

c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).

d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.

e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.

f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.

g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).

h. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.

i. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

  • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on the grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in La Luna Creative L.L.C.’s sole and reasonable discretion;
  • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in La Luna Creative L.L.C.’s sole and reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

j. You must not commit or engage in or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

k. You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.

l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.

m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any La Luna Creative L.L.C. employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership, and you will not be entitled to any refund of unused subscription fees.

n. You must not sell or transfer, or offer to sell or transfer, any La Luna Creative L.L.C. account to any third party without the prior written approval of La Luna Creative L.L.C.

o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by La Luna Creative L.L.C. or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of La Luna Creative L.L.C.’s servers, system or network or attempt to breach La Luna Creative L.L.C.’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking La Luna Creative L.L.C.’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of La Luna Creative L.L.C. under these Terms of Service, La Luna Creative L.L.C. reserves the right to investigate any situation that appears to involve any of the above, and may report such matters too, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions and acknowledge and accept that La Luna Creative L.L.C. has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

  1. Modifications to Service. La Luna Creative L.L.C. reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that La Luna Creative L.L.C. shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
  2. Blocking of IP Addresses. To protect the integrity of the Services, La Luna Creative L.L.C. reserves the right at any time in its sole discretion to prevent visitors from specific IP addresses from accessing the Websites.
  3. Content.
  4. Proprietary Rights. La Luna Creative L.L.C. retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of La Luna Creative L.L.C., and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on La Luna Creative L.L.C. is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of La Luna Creative L.L.C. Distribution of Content to others is strictly prohibited. You agree that La Luna Creative L.L.C. would be irreparably harmed by any violation or threatened a breach of this section and that, therefore, La Luna Creative L.L.C. shall be entitled to an injunction prohibiting you from any breach or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third-party websites, and some of the content appearing on La Luna Creative L.L.C. may be supplied by third parties. La Luna Creative L.L.C. has no responsibility for these third-party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third-party content providers.

  1. Restrictions on Use of Materials. You acknowledge that La Luna Creative L.L.C. contains images, text, and other content (collectively, "Intellectual Property") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and La Luna Creative L.L.C. owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
  2. Copyright Policy. La Luna Creative L.L.C. holds the copyright to all content appearing on this website relating to the services we provide. La Luna Creative L.L.C. does it’s due diligence to make sure our website is free information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:

4513 Canal RD

Marshville, NC 28103

If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to La Luna Creative L.L.C. at the address shown above, giving a written statement that contains:

a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;

b. identification of the allegedly infringing material on the Site that is requested to be removed;

c. Your name, address, and daytime telephone number, and an e-mail address if available;

d. A statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;

e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

f. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.

La Luna Creative L.L.C. will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly present infringing or unlawful material will be prohibited from posting further submissions.

  1. Limitation of Liability. In no event shall La Luna Creative L.L.C. Be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or any written or oral communications from La Luna Creative L.L.C. or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Websites and the services provided by employees and or contractors of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. La Luna Creative L.L.C. makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL La Luna Creative L.L.C., ITS OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF La Luna Creative L.L.C. HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL La Luna Creative L.L.C. HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF La Luna Creative L.L.C. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

If any of the preceding limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of La Luna Creative L.L.C. and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to La Luna Creative L.L.C. during the six months before notice to La Luna Creative L.L.C. of the dispute for which the remedy is sought.

  1. Indemnity by You. You agree to indemnify and hold La Luna Creative L.L.C., its subsidiaries, affiliates, officers, agents, contractors, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

a. your use of the Service and/or Websites in violation of this Agreement and/or resulting from a breach of this Agreement including without limitation your representations and warranties set forth above;

  1. Attorney Fees. If La Luna Creative L.L.C. is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for La Luna Creative L.L.C.’s attorneys' fees and costs.
  2. Privacy Policy. Our Privacy Policy can be found here.
  3. Payment. La Luna Creative L.L.C. current method of payment includes credit card (processed by stripe, Google Pay or Square Cash), check or ach payment. Our Terms are payment in full for transactions of 5,000 or less before any work is started. All projects remain the property of La Luna Creative L.L.C. until paid in full.
  4. General Refund and Cancellation Policy. Our refund and cancellation policy can be found here.
  5. Chargeback and Cancel Payment Policy. Client agrees to permanently and irreversibly waive any rights to cause a “chargeback” or “cancel payment” (that is, a disputed, reversed, or contested charge for a credit card or check payment), effective as soon as La Luna Creative L.L.C. begins services. Client agrees that, if client institutes a “chargeback” or “cancel payment”, it establishes a substantial violation of this agreement and damages La Luna Creative L.L.C., causing adverse effects to La Luna Creative L.L.C. . Client expressly confesses, in the event of such a “chargeback” or “cancel payment” that such a “chargeback” or “cancel payment” constitutes fraud. Client agrees to pay for all damages and fees incurred by La Luna Creative L.L.C..
  6. Monthly Renewal Services Agreement. Your engagement with La Luna Creative L.L.C. may include enrollment in our monthly renewal services. This may keep your website maintained, SEO, digital marketing and or access to our consulting services up and running by automatically charging the then-current renewal fees to your payment method on file right before they are set to expire, with no further action needed on your part. If you are on an ongoing support agreement, you may cancel this service at any time, only if you are on a month to month agreement. If you are not on a monthly contract, you are free to cancel at the end of your term. To cancel, please contact us at 980.202.3106.

Please note there may be fees associated with your cancellation, read your agreement for specifics.

  1. Project Abandonment Policy. If the client is unresponsive for two-week (14 days) period, La Luna Creative L.L.C. reserves the right to pause or cancel the project. If a project is halted and the client decides to come back the project will only resume if La Luna Creative L.L.C. has space on our calendar. La Luna Creative L.L.C. shall have the right to charge a 4% administrative restart fee based on the project budget. The restart fee is required to pay before the client project being rescheduled in our creation calendar.
  2. Cookies. La Luna Creative L.L.C.  uses cookies to retrieve visitors details every time they visit. Cookies may be used in some areas of our website to speed up the page for our visitors. Please note that some of our affiliate partners may use cookies as well.
  3. Website Links. La Luna Creative L.L.C. visitors may not link to this site without our prior written consent. If you decide to connect to our site any way you do so at your own risk and you will be held liable and will be bound by the terms of use.

La Luna Creative L.L.C. may add links to other sites; we don’t monitor or review the content of those websites. Any opinion expressed or any material appearing on these sites are not always shared or endorsed by La Luna Creative L.L.C. La Luna Creative L.L.C. will not be held liable for anything these sites do or say. When you leave our website, you are responsible for reading any privacy policies or terms of use of those sites.

  1. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of North Carolina with the same force and effect as if such service had been made within the State of North Carolina. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
  2. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
  3. Availability Outside the U.S. If you access La Luna Creative L.L.C. from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
  4. Entire Agreement. This Agreement contains the whole agreement between you and La Luna Creative L.L.C. regarding the use of the Websites and/or the Service.
  5. Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Also, La Luna Creative L.L.C.’s failure to enforce any time of this Agreement shall not be deemed as a waiver of such term or otherwise affect La Luna Creative L.L.C.’s ability to execute such term at any point in the future.
  6. Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

This page was last updated on January 1st, 2018

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