TERMS OF USE
Welcome to www.lunnaworld.com (the "Site") which is owned and operated by Eenie Meenie, Inc. (“EenieMeenie”). We all live in a world of rules and laws and everything, including your use of the Site is governed by rules. These Terms of Use (the “Terms”) set forth these rules and govern your use of the Site. Please read them carefully as they constitute a binding legal agreement between you and EenieMeenie.
By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms, whether or not you are a registered user of the Site. EenieMeenie reserves the right, at its discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. When we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site. We suggest you review this page each time you visit the Site as it is your responsibility to regularly check the Site to determine if there have been changes to these Term. Remember that EenieMeenie provides you with access to and use of the Site subject to your compliance with the Terms.
Ownership of the Site and its Contents
This Site is owned by EenieMeenie. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, music, illustrations, software, wallpaper, icons, and the selection and arrangement thereof (the "EenieMeenie Content"), are the property of EenieMeenie, its licensors and suppliers, with all rights reserved. All elements of the Site, including the EenieMeenie Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property under United States and/or foreign laws. No EenieMeenie Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.
Use of the Site
Provided that you are eligible for use of the Site, you are granted a personal, limited, non-exclusive, non-transferable license to access and use the Site and the EenieMeenie Content. Such license is subject to these Terms. This license is revocable at any time without notice and with or without cause. Any use of the Site or the EenieMeenie Content other than as specifically authorized herein, without the prior written permission of EenieMeenie, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
This Site and the EenieMeenie Content are intended for customers of EenieMeenie. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the EenieMeenie Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
You may be required to select a password and account identification to use certain portions of the Site. You are solely responsible for protecting the security and confidentiality of this password and identification. You will be responsible for any use of the Site by anyone using your password and identification, whether or not such use is actually authorized by you.
You represent, warrant and agree that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Prohibited Uses
You may not use this Site or the EenieMeenie Content for any purpose not related to your business with EenieMeenie. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the EenieMeenie Content without, or in violation of, a written license or agreement with EenieMeenie; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the EenieMeenie Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for the Site or to make any purchase if you are not expressly authorized by such party to do so; (e) harvesting or collecting email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (f) using the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; (g) uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which may expose EenieMeenie or its users to any harm or liability of any type; (h) impersonating any person or entity, or falsely state or otherwise misrepresenting yourself, your age or your affiliation with any person or entity; (i) uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party; (j) uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) uploading, posting, transmitting, sharing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; and (l) using the Site or the EenieMeenie Content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Violations of system or network security may result in civil or criminal liability. EenieMeenie will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, EenieMeenie has adopted a policy of terminating, in appropriate circumstances in our sole discretion, account holders who infringe the intellectual property rights of EenieMeenie or any third party.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Copyright Agent
EenieMeenie Legal Department
PO BOX 691397
Los Angeles, CA 90069
Phone: 323-653-8890
Fax: 323-653-6885
E-mail: copyright@lunnaworld.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
Trademarks
EenieMeenie Trademarks, the Site logo, and any other product or service name or slogan contained in the Site are trademarks of EenieMeenie and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EenieMeenie or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "EenieMeenie" “lunnaworld” or any other name, trademark or product or service name of EenieMeenie without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EenieMeenie and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links
You may not use an EenieMeenie logo or other proprietary graphic of EenieMeenie to link to this Site without the express written permission of EenieMeenie. Further, you may not frame any EenieMeenie trademark, logo or other proprietary information, including the EenieMeenie Content, without our express written consent.
EenieMeenie makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of EenieMeenie and EenieMeenie is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. EenieMeenie provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by EenieMeenie of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that EenieMeenie shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In the course of your use of the Site, you may be asked to provide certain information to us. In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to EenieMeenie, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify EenieMeenie immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to EenieMeenie.
Privacy
We are committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
However, if you respond to EenieMeenie with any information other than your Registration Data, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. Anything that you submit to the Site (including ideas, reviews, comments and suggestions) automatically become the sole and exclusive property of EenieMeenie and will be treated as nonconfidential and nonproprietary. EenieMeenie will have the royalty-free, irrevocable and transferable right to use, copy, distribute, display, adapt and create derivative works from such submissions.
Indemnification
You agree to defend, indemnify and hold harmless EenieMeenie, its subsidiaries, affiliates, licensors, suppliers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms or of any representation or warranty contained herein, your unauthorized use of the EenieMeenie Content, or your violation of any rights of another.
Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. We cannot ship orders to PO Boxes.
International Use
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Please refer to the International Orders page on the Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Risk of Loss
The risk of loss and title for items purchased by you pass to you upon the delivery by EenieMeenie of the items to the carrier.
COPPA Statement for Eenie Meenie, Inc.
The following policy applies to Eenie Meenie, Inc. and this Site.
Eenie Meenie, Inc. is concerned about the privacy and security of its online visitors. Because of our commitment to online safety and security, we abide by all policies enacted to protect our users. While our general use sites do not and will not target children, Eenie Meenie, Inc.has created this COPPA statement to comply with the requirements of the Children’s Online Privacy Protection Act of 1998. The following discloses the information- gathering and dissemination practices regarding children under the age of 13 for www.lunnaworld.com.
Privacy Statement: Please read our Privacy Policy.
In accordance with the Children’s Online Privacy Protection Act, we do not knowingly collect any personally identifiable information from children under the age of 13 without first obtaining parental consent.
External Links: This site may contain links to other sites. EenieMeenie is not responsible for the content or practices of such websites.
Contacting the website: If you have any questions about this COPPA statement, about the practices of this site or about your dealings with this website, contact us.
Disclaimer
THIS SITE AND THE EENIEMEENIE CONTENT AND PRODUCTS OFFERED FOR SALE AND TRANSACTIONS CONDUCTED UPON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND EENIEMEENIE AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT EENIEMEENIE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE EENIEMEENIE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE EENIEMEENIE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Although EenieMeenie has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and EenieMeenie cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. EenieMeenie does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. We reserve the right to make corrections and changes to the Site at any time without notice. EenieMeenie is not responsible for typographical errors regarding price or any other matter.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL EENIEMEENIE, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE EENIEMEENIE CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF EENIEMEENIE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Information
These Terms constitute the entire agreement between you and EenieMeenie and govern your use of the Site, and they supersede any prior agreements between you and EenieMeenie. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. EenieMeenie may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in EenieMeenie’s sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between EenieMeenie and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to EenieMeenie or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of EenieMeenie to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of California.
You may not assign the Terms or any of your rights or obligations under the Terms without EenieMeenie's express written consent. The Terms inure to the benefit of EenieMeenie’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Questions and Contact Information
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
