Lunar Republic Website
Terms and Conditions Of Use
This page states the Terms and Conditions
under which you may use this website.
If you do not accept the Terms and Conditions stated here,
do not use the website.
LUNAR REPUBLIC TERMS AND CONDITIONS
OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY
This website (the
"Website" or "LunarRepublic.com") is provided
by the Lunar Republic, subject to these terms and conditions
of use ("Terms and Conditions"). By using this Website,
you and your agents ("you" or "yours") are
deemed to have agreed to these Terms and Conditions. The Services
(as defined below) provided to you through this Website include
Services provided on LunarRepublic.com. You can click here to
review the most current version of these Terms and Conditions at
any time.
Use of Services
Lunar Republic now offers or in the future may offer the following
services as well as other additional services on LunarRepublic.com:
Products and
services for sale Articles and other information of interest
Links to third party sites
As provided by Lunar Republic,
these functions are collectively referred to as the
"Services". Lunar Republic may alter, augment or
terminate the Services in whole or in part at any time and from
time to time in its sole discretion. Lunar Republic reserves the
right to modify, deny or suspend the Services at any time with or
without notice to you.
To use the Services,
you will need access to the World Wide Web, and you must pay any
fees associated with your use of such access and the Services you
obtain. Of course, you will also need equipment and a modem or
other access device. Lunar Republic currently uses SSL technology
on its Website to help protect information that passes over the
Internet. You must have certain browser capability to take
advantage of this encryption technology, which is currently
included in versions 3 and higher of Microsoft Internet Explorer®
and Netscape Navigator®.
Registration
Requirements In order to obtain access to the non-public
portions of the Website and certain Services, you must register
with the site. As part of the registration process, you will
select a username and password. You agree that you will be
responsible for maintaining your password as confidential and for
any activity that occurs as a result of your enabling or
permitting another person or entity to use your password. You
agree to immediately notify LunarRepublic.com the event that (i)
your password is lost or stolen, or (ii) you become aware of any
unauthorized use of your password or of any other breach of
security that might affect the LunarRepublic.com Services. Lunar Republic
is not responsible for any loss or damage arising from your
failure to comply with the provisions of this section. Only
authorized users are eligible to participate in certain Services
offered on the Website.
Trademark
Information Lunar Republic™, MoonProperty.Net™, "The
Official Website Of The Moon™", "Get Mooned™",
"Nothing Could Be Greater Than To Own Your Own Crater™"
and "Earth's Leading Lunar Real Estate Agency™" are
trademarks of Lunar Republic. Other trademarks are owned by
and are used with the permission of their respective owners. You
agree not to use or display trademarks without the prior written
consent of Lunar Republic or the owner of such marks.
Website Content;
Copyright This Website contains information, trademarks,
service marks, logos, copyrights and other content ("Website
Content") owned by Lunar Republic and third parties and is
protected by the United States Copyright Act of 1976, as amended,
and the copyright laws of other countries. Certain materials are
used with permission of their respective owners. As between you
and Lunar Republic, Lunar Republic is the sole owner of all
Website Content. You may not download (other than caching) or save
a copy of the Website Content or any portion thereof, for any
purpose, except that you may print a copy of individual screens
appearing as part of the Website solely for your personal,
non-commercial use or records, provided that any marks, logos or
other legends that appear on the copied screens remain on and are
not removed from the printed or stored images of such screens.
Except as expressly permitted in these Terms and Conditions, you
may not modify, copy, publish, display, transmit, adapt or in any
way exploit the Website Content, without the express prior
permission of Lunar Republic. Any other modification of Website
Content or use of Website Content for any other purpose is a
violation of the rights of Lunar Republic or third parties. If you
believe that any content on the Website has been copied in a way
that constitutes copyright infringement, please contact Lunar Republic.
No License Granted
Nothing herein shall be construed as conferring by implication,
estoppel, or otherwise, any license or right under any copyright,
patent, trademark or other proprietary interest of Lunar Republic
or third parties.
User Content;
Forums Information, data, text, music, sound, photographs,
graphics, video, messages and other materials that you may post to
the Website or supply to Lunar Republic are collectively referred
to as "User Content." By posting User Content on or
through LunarRepublic.com, you agree that you are solely
responsible for the origination, accuracy, completeness,
ownership, publication and dissemination of, and that you, and not
Lunar Republic, are entirely responsible for, your User Content.
By submitting or
sending User Content to LunarRepublic.com or otherwise making User
Content available for display on or through the Website, you grant
Lunar Republic the royalty-free, unrestricted, world-wide,
perpetual, irrevocable, non-exclusive and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and
display such User Content (in whole or part) and/or to incorporate
it in other works in any form, media or technology now known or
later developed. You also warrant that any "moral
rights" in User Content have been waived.
Lunar Republic
does not pre-screen, monitor, review or otherwise edit User
Content posted, or otherwise made available, on or through the
Website. However, Lunar Republic reserves the right (but assumes
no obligation) to, in its sole discretion, refuse, edit or remove
any User Content that, in Lunar Republic's sole discretion, is
determined not to comply with these Terms and Conditions, is
illegal or is otherwise undesirable, inappropriate, offensive or
inaccurate. Lunar Republic is not responsible for refusing,
editing or removing any User Content or any failure to do so.
You understand and
agree that your use of the Services entitles Lunar Republic to
use, monitor and preserve copies of all User Content and to
disclose such if required to do so by law or in the good faith
belief that such disclosure will promote compliance with legal
process, enforcement of these Terms and Conditions, assistance in
responding to claims that User Content violates the rights of
third parties, protection of the personal safety of any person or
protection of the property rights of or any other person or
entity. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK
ASSOCIATED WITH THE USE OF USER CONTENT.
User Conduct
You understand and agree that all information, data, User Content
and other material provided in the Services is the responsibility
of the person or entity providing such content. In the event that Lunar Republic
permits you to upload, post, email or otherwise transmit
information for display on the Website, you will be responsible
for all User Content that you upload, post, email or otherwise
transmit using the Services. Likewise, you are responsible to
respect third party rights with respect to all content that
appears on the Website and not to download, email or otherwise
transmit such content in violation of such third party rights.
You may not upload,
post, email or otherwise use the Website to transmit or store any
User Content that: (i) infringes any patent, copyright, trademark,
publicity, privacy or other proprietary rights of any party or
person; (ii) is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, deceptive,
fraudulent, sexually graphic, invasive of another's privacy or
hateful; (iii) victimizes, harasses, degrades or intimidates an
individual or group of individuals on the basis of race,
ethnicity, gender, religion, sexual orientation, age or
disability; (iv) contains unsolicited or unauthorized advertising,
promotional materials, "spam," "chain letters"
or any other form of solicitation, except in those areas of the
Website that are intended and designated for such purpose,
provided that even in those areas, your User Content will comply
in all respects with the provisions hereof; or (v) contains
software viruses or any other computer code, files or programs
designed to or which may interrupt, destroy or limit the
functionality of any computer software, hardware or
telecommunications equipment or any other similarly destructive
activity.
You agree that, in
connection with your use of the Website, you will not: (i)
"stalk" or harm any other user or any other person or
entity in any way; (ii) impersonate any person or entity,
including, but not limited to, an Lunar Republic officer, director
or representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (iii) forge headers or
otherwise manipulate identifiers in order to disguise the origin
of any User Content transmitted on or through the Website; (iv)
disrupt the normal flow of dialogue in a forum; (v) interfere with
or disrupt the Website or servers or networks connected to the
Website, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website; (vi)
"hack," infiltrate or otherwise seek to gain
unauthorized access to, or compromise the integrity of, the
Website; (vii) use any data mining tools, robots or similar data
gathering or extracting tools in connection with the Website;
(viii) harvest, collect or store information about the users of
this Website or the User Content posted by others on this Website
or use such information for any purpose inconsistent with the
purpose of this Website; or (ix) violate any applicable local,
state, national or international law or regulation.
No Resale Of
Services You agree to use the Services solely for your own
personal or internal business purposes and not to use or exploit
any portion of the Website or the Services for commercial purposes
not related to your business on LunarRepublic.com.
Linked Sites
You may be able to link to third parties' websites ("Linked
Sites") from LunarRepublic.com. Lunar Republic does not
control and is not responsible for any Linked Sites, including
without limitation, for the content, availability, advertising,
products or other materials of such Linked Sites, or any
additional links contained therein. These links do not imply Lunar Republic's
endorsement of or association with the Linked Sites. Lunar Republic
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED
SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. You
should be aware that your use of any Linked Site is subject to any
terms and conditions, including privacy policies, applicable to
that site.
Privacy Policy
We encourage you to read our Privacy Policy, which is incorporated
by this reference into these Terms and Conditions. Click
here to read our Privacy Policy.
Disclaimer Of
Warranties PRODUCTS OBTAINED THROUGH YOUR USE OF THE WEBSITE
ARE PROVIDED WITH STANDARD PRODUCT WARRANTIES APPLICABLE TO SUCH
PRODUCTS. THIS WEBSITE IS PROVIDED "AS IS" AND "AS
AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, LUNAR REPUBLIC
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS OR
OTHERWISE OF THE WEBSITE OR WEBSITE CONTENT; AND (ii) ANY
WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT AND WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Lunar Republic
MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE,
COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. THE USE OF THE
SERVICES IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND
ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO
ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS
TO CEASE TO USE THE WEBSITE OR SERVICES.
Limitation Of
Liability IN NO EVENT WILL LUNAR REPUBLIC, ITS OFFICERS,
DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS,
BE LIABLE TO ANY PARTY (i) FOR ANY EXEMPLARY, INDIRECT, DIRECT,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR
ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE,
RELIANCE ON OR INABILITY TO USE THE WEBSITE, EVEN IF LUNAR
REPUBLIC OR ITS REGISTERED AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION,
(ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR
SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR
SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR
TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK
PROVIDED IN CONNECTION WITH THE SERVICES, OR (iv) ANY MATTER
OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Indemnification
You agree to defend, indemnify and hold Lunar Republic, its
affiliates, officers, directors and employees harmless from any
and all claims, liabilities, settlements, costs and expenses
relating thereto, including without limitation, reasonable legal
and accounting fees, arising in any way from your use of the
Website or the Services, any violation of these Terms and
Conditions by you, or any User Content you post on or through the
Website. Lunar Republic shall provide notice to you promptly of
such claim and shall reasonably cooperate with you, at your
expense, in your defense of any such claim.
General Practices
Regarding Storage You understand and agree that Lunar Republic
may from time to time establish and revise practices and
limitations concerning your use of the Services. You agree that Lunar Republic
shall have no liability for the deletion or failure to store any
messages and other communications or other content maintained on
the Website or transmitted using the Website or the Services.
Termination of
Registration You acknowledge and agree that Lunar Republic may
terminate your password and/or other access privileges and remove
and discard any content without notice to you for any reason,
including without limitation, if: (i) you do not use the Services
for what Lunar Republic, in its sole discretion, deems to be an
extended period of time; (ii) Lunar Republic believes that you
have violated any of these Terms and Conditions, (iii) you have
otherwise acted or failed to act in any manner that Lunar Republic
deems objectionable. You agree that any termination of your access
to the Website or the Services shall not result in any liability
or other obligation of Lunar Republic to you or any third party in
connection with such termination.
Applicable Laws;
Jurisdiction Lunar Republic controls and operates this Website
from our offices in the United States of America. We do not
represent that materials on the Website are appropriate or
available for use in other locations. Persons who choose to access
this site from other locations do so on their own initiative, and
are responsible for compliance with local laws.
The laws of the state
of New York, excluding its conflicts-of-law rules, shall govern
these Terms and Conditions and your use of the Website. Any claim
or dispute with Lunar Republic or relating in any way to your use
of the Website resides exclusively in the courts of the state of
New York, and you agree and expressly consent to the exercise of
personal jurisdiction in the courts of the state of New York, in
connection with any such dispute.
Changes To Terms
And Conditions Lunar Republic may change these Terms and
Conditions from time to time and at any time, with or without
actual notice to you. All such changes to these Terms and
Conditions will appear on this page of the Website. By using the
Website following any modifications to these Terms and Conditions,
you agree to be bound by any such modifications to these Terms and
Conditions.
Miscellaneous
These Terms and Conditions constitute the entire agreement between
you and Lunar Republic and govern your use of the Website and the
Services. You also may be subject to additional terms and
conditions that may apply when you use third party content or
services. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall
remain in full force and effect. The failure of Lunar Republic to
exercise or enforce any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or
condition. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to the Services or these Terms and Conditions must be filed within
one year after such claim or cause of action arose. The section
titles of these Terms and Conditions are merely for convenience
and will not have any effect on the substantive meaning of this
Agreement.
Effective as
of: 09/01/2001
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