LUNASLIST.COM
TERMS OF USE
This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor, member or advertiser to or on our LunasList.com™ web site, hereinafter referred to as the “site”, and Lunaslist.com, Inc, the corporation that serves as the owner and operator of this site.
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, use or visit our forums, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership.
General Disclaimer
LunasList.com™ is a privately owned website by Lunaslist.com, Inc. The users of this web site are responsible for checking the accuracy, completeness, currency and/or suitability of all information themselves. LunasList.com™ makes no representations, or guarantees as to the accuracy, completeness, currency or suitability of the information provided via this web site. With respect to all information available at this site, LunasList.com, Inc. its officers, employees, agents and assigns make no warranty, express or implied, including the warranties of merchantability or fitness for a particular purpose, nor does LunasList.com™ make any representation that the use of said information will not infringe privately owned rights.
General Rules of Conduct
You may not:
- Violate the law of any jurisdiction while visiting our site, our forums, or using any tool or service that we provide.
- Harass or Cyberstalk any user.
- Conduct any activity that is harmful or detrimental to our site, or business, our users, or our advertisers, as solely determined by us.
- Post any information or content that is indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
- Falsely represent your professional or business credentials or professional background.
- Publish content that is false, deceptive, misleading, deceitful, or
constitutes "bait and switch.”
- Publish content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content (any text, video, software, images or any item at all) that you do not have a right to
make available under any law or under contractual or fiduciary relationships.
- Publish content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement.
- Advertise any service or good that is illegal or prohibited by law.
- Distribute any files that are harmful to computers, telecommunications, or individuals or property.
- Send email that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement.
- Use any form of automated device or computer program that enables the
submission of postings on our site, including our forums, without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals or use a third party posting agent to post content to our site without our written permission.
Further, you agree not to:
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for
the sale or rental of any dwelling, a discriminatory preference based on
race, color, national origin, religion, sex, familial status or handicap
(or violates any state or local law prohibiting discrimination on the
basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a
Lunaslist.com employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
j) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
k) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the which are not designated for such
purposes; or emailed to Lunaslist.com users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
l) that includes links to commercial services or web sites, except as allowed
in "services";
m) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by Texas
law. A partial list of such items:
Obscene material or child pornography.
Offer or solicitation of illegal prostitution.
Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
Fireworks, including but not limited to "safe and sane" fireworks or any destructive devices or explosives.
Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
Alcohol or tobacco products.
Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
Blood, bodily fluids or body parts.
Household pets of any kind including but not limited to dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish. Re-homing with small adoption fee is allowable subject to the restrictions of state and local laws.
Pet animal parts, blood, or fluids - including but not limited to stud/breeding service
Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests.
Pesticides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers
Stolen property, or property with serial number removed or altered.
Burglary tools, including but not limited to lock-picks or motor vehicle master keys
False identification cards, items with police insignia, citizenship documents, or birth certificates.
Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
Counterfeit, replica, or knock-off brand name goods.
Material that infringes copyright, including but not limited to software or other digital goods you are not authorized to sell, or offer pirated material of any nature.
Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell.
Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
Gambling items, including but not limited to lottery tickets, sports trading card 'grab bags', raffle tickets, sweepstakes entries or slot machines.
Used or rebuilt batteries, or batteries containing mercury.
Used bedding and clothing, unless sanitized in accordance with law.
Non-packaged food items or adulterated food.
Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
You may also not provide content:
n) 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;
0) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the LunasList.com Web Site, or that otherwise negatively
affects other users' ability to use LunasList.com or
p) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through Lunaslist.com
Additionally, you agree not to:
q) contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
r) "stalk" or otherwise harass anyone;
s) collect personal data about other users for commercial or unlawful
purposes;
t) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Lunaslist.com
u) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
v) attempt to gain unauthorized access to Lunaslist.com computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, Lunaslist.com
w) use any form of automated device or computer program that enables the
submission of postings on Lunaslist.com without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
Majority Required
You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
Rules and Guidelines
We may post rules, guidelines or policies, including rules, guidelines or policies that concern our forums. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Caution is Advised
Never meet someone you have meet via Lunaslist.com alone. Always meet in a crowded public place. All transactions should be conducted on a local level and in cash. Cashier’s checks, money orders and personal checks are often forged and are unreliable.
Anti-Spam Policy
Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership and access to our site being terminated without prior notice to the member.
Privacy Policy
We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you "As Is, Where Is", without any warranty of any kind, express or implied.
LunasList.com™, its officers, employees, agents and assigns will not be liable for any damage or injury caused by the use of this site, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure.
Computer Fraud and Abuse Act
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code, and all laws of the State of Texas, or the jurisdiction in which you reside. Such violations may subject the offender and his or her agents to civil and criminal penalties.
DMCA
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify our agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
abuse@lunaslist.com
or:
Copyright Agent
LunasList.com, Inc.
ADD ADDRESS
Please provide our Agent with the following Notice:
a) Identify the material on our site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
LunasList.com™ will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
Intellectual Property Provisions
All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way. “LunasList.com™ ” is a trademark owned exclusively by LunasList.com, Inc. and may not be used without our express written permission. All content on this site is protected by US and State copyright laws.
All trademarks, service-marks, and copyrights mentioned in this website belong to their respective owners. Any commercial use of the materials stored on the LunasList.com™ website is prohibited without the written permission of LunasList.com, Inc. Any unauthorized use of the mark LunasList.com™ is strictly prohibited by law. Any communications or material you submit by electronic mail, interactive forms, or otherwise, including any data, questions, comments, suggestions, or the like, even if encrypted, will be treated as, non-confidential and non-proprietary. Anything you transmit or submit may be used by LunasList.com™ at any time and for any purpose, including without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, LunasList.com™ is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to LunasList.com™ or its affiliates for any purpose whatsoever, including, without limitation, disseminating such information.
LunasList.com™ does not endorse any of the products, vendors, consultants, or documentation referenced in this web site. Any mention of vendors, products, or services is for informational purposes only.
Content displayed on or via LunasList.com™ is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without our express written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code owned or used by us, and without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the LunasList.com™ Web Site.
Termination of Service
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.
Equitable Orders
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Links to Third Party Sites
We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.
Submissions
All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.
LunasList.com™ specifically disclaims any and all liability for any claims or damages that may result from providing the web site or the information it contains, and makes no warranties that the site will be free from computer viruses, including any web sites maintained by third parties and linked to the LunasList.com™ Web Site. LunasList.com™ makes no effort to independently verify and does not exert editorial control over, information provided by others.
Communications made through this site shall in no way be deemed to constitute legal notice to LunasList.com™ or any of its agencies, officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against LunasList.com™ or any of its agencies, officers, employees, agents or representatives.
Content Issues
We are not responsible for any content provided to you by our site members or advertisers. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
Jurisdiction
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Texas, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Dallas, Texas, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
Foreign Usage
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).
Erratum
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
Modifications of this Agreement
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notice
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
Intellectual Property Notices have been Provided to You
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
Contacting Us
Please contact us by email: admin@lunaslist.com
Or by surface mail: Pending