Acceptance of the Terms of Use

These Terms of Use (as defined below) constitute a binding legal agreement between you and Luna Luna LLC (“Company,” “we,” or “us”). “Terms of Use” means, collectively, the following terms and our Privacy Policy, found at www.lunaluna.com/privacy, which is hereby incorporated by reference. The Terms of Use govern your access to and use of our website www.lunaluna.com and our mobile applications (collectively, the “Site”).

Please read the Terms of Use carefully before you use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use (including without limitation the Privacy Policy), you must not access or use the Site.

The Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are 18 years of age or older. If you are under 18, you must not access or use the Site.

Changes to the Terms of Use

We may amend these Terms of Use from time to time. In such event, we will post the new Terms of Use on this page with an updated “Last Revised” date, and we will notify you at our sole discretion by either emailing you or by sending an alert the first time you use the Site after we make the change, or by any other means we reasonably determine to give you notice. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. Your continued use of the Site after any such amendment will constitute your agreement to these Terms of Use as amended from time to time. If you do not agree to any amendment, you may not continue to use the Site and you must deactivate your Account and delete any mobile app from your device(s). Notwithstanding any of the foregoing to the contrary, any amendment to the Governing Law and Arbitration sections shall not apply to any disputes for which the parties have actual notice before the date these Terms of Use are updated.

Accessing the Site and Account Security

We reserve the right to withdraw access to or change the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
  
  

User Account

To access the Site or some of the good or services or content offered on or through the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to the Site is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. 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.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser or device for display enhancement purposes.
• You may print or download one copy of each page of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify any materials from the Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please Contact Us here.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

All trademarks, service marks and logos included on the Site (“Marks”) are the property of Company or third parties, and you may not use such Marks without the express, prior written consent of Company or the applicable third party.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof.
• Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
• Assist, encourage, or enable others to do any of the preceding prohibited activities.
  
  

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Communication Preferences

You consent to receiving communications from or on behalf of the Company, which communications may include, without limitation, notifications, emails, and text messages. Some communications may pertain to your Account or the Site or purchases made through the Site. Other communications may be marketing communications. Standard message and data rates may apply in each instance.

If you prefer not to receive emails from us about offers and promotions, please unsubscribe via the unsubscribe link in an email, or Contact Us. If you prefer not to receive text messages from us, please unsubscribe by texting back STOP or such other prompt contained in the text message. Alternatively, you may opt-out of commercial email or texts by updating your communication preferences in your Account profile. We will make efforts to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove personal information about you from the databases of third parties with which we have already disclosed personal information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails or texts from third parties, please contact such third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.

Links from the Site

If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

Geographic Restrictions

The owner of the Site is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any products or services obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Site, its content, and any products or services obtained through the Site is at your own risk. The Site, its content, and any products or services obtained through the Site are provided on an “As-Is” and “As-Available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Site, its content, or any products or services obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components, or that the Site or any products or services obtained through the Site will otherwise meet your needs or expectations.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, or your use of any information obtained from the Site.

Governing Law

All matters arising out of or relating to these Terms of Use, and any dispute or claim arising therefrom or relating 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 without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California, and the Federal Arbitration Act.

Binding Arbitration

You and Seller agree that any claim, dispute, or controversy (whether in contract, tort or otherwise) arising out of or related to the Terms of Use and/or the Site (as applicable, a “Dispute”), will be exclusively resolved through binding arbitration pursuant to the then-current rules of ADR Services, Inc. (“ADR”) before a single neutral arbitrator working under the auspices of ADR. The arbitration shall be held in Los Angeles County, California. Any dispute regarding arbitrability shall be determined by the arbitrator, which determination shall be conclusive. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof.

This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. For purposes of this arbitration provision, references to “Seller,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors-in-interest, successors and assigns.

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Los Angeles County, California, to the extent permitted by applicable law.

There is no judge or jury in arbitration. By using the Site and agreeing to these Terms of Use, you are giving up your right to have any dispute decided in a court of law before a judge or jury. Further, court review of any arbitration award is limited.

The prevailing party in any Dispute, as determined by the arbitrator or by a court of competent jurisdiction, as applicable, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the arbitration.

You agree that any arbitration or litigation will be conducted solely on an individual basis. In no event may any such arbitration or litigation be brought on behalf of a class or in any other consolidated or representative action. Notwithstanding any provision in these Terms of Use to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor Seller are entitled to arbitration.

Any cause of action or claim you may have arising out of or relating to any dispute must be commenced within one (1) year after the cause of action or claim accrues; otherwise such cause of action or claim is permanently barred.

If arbitration is unavailable or unenforceable for any reason, each of the parties hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, as well as to the jurisdiction of all courts from which an appeal may be taken therefrom, for all Disputes. Any and all objections that any party may have regarding venue in any such court is hereby waived.

Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

No Waivers.

The failure by us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

No Third-Party Beneficiaries.

These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

To You. We may provide any notice to you under these Terms of Use by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms of Use, you must Contact Us here.. We may update the email or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery or overnight courier will be effective upon delivery. Notices provided by registered or certified mail will be effective five business days after they are sent by United States mail.

Severability.

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable by an arbitrator or by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, or enforceable, and the remaining provisions hereof shall remain in full force and effect to the fullest extent permitted by law, provided that neither of the foregoing result in a failure of an essential purpose of these Terms of Use.

Information About You and Your Visits to the Site

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through the Site or other transactions for the sale of goods or ticket purchases formed through the Site, or resulting from visits made by you to the Site, are governed by our Sale Terms or Ticket Terms in effect as of the date of purchase.

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

If you use our mobile application on an Android device or an Apple device, your use of the mobile application is also subject to any applicable terms and privacy policies relating to the use of such Android or Apple device or app store.

Entire Agreement.

These Terms of Use, including our Privacy Policy, and any Sale Terms if you purchase any product from us, will be deemed the final and integrated agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to our Contact Us page.