Terms and Conditions

Welcome to Lunachi.com. Lunachi Nightwear, LLC. provides website features and other products and services to you when you visit or shop at Lunachi.com. Please read the below terms carefully. By accessing our website, continuing to access our website, or downloading materials from our website, you agree to abide by these Terms of Use. Lunachi may, in its sole discretion, change these terms from time to time. You should periodically visit this webpage to review the most current terms. Using our website after any of these changes means you accept any such changes. If you do not agree to abide by these Terms and conditions, do not use our website or download materials from our website.

THESE TERMS OF USE ARE AN ENFORCEABLE CONTRACT BETWEEN US THAT AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW.

INTELLECTUAL PROPERTY

As between you and us, all rights in all content posted on our website either belong to us or are licensed by us with the right to sue and otherwise enforce intellectual property rights within such content. You may not copy any content from any site without our express permission, either pursuant to these Terms of Use or in the form of a record signed by us. Lunachi.com is the official seller of Lunachi branded merchandise

CUSTOMER RATINGS AND REVIEWS OF TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Venus (the "CRR Service"). To the extent of any conflict between Venus' Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Lunachi, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you are at least 16 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Lunachi (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Lunachi a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Lunachi' sole discretion. Lunachi reserves the right to change, condense or delete any content on Lunachi ' website that Lunachi deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Lunachi does not guarantee that you will have any recourse through Lunachi to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Lunachi reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Lunachi, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Lunachi, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Lunachi and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

REVIEWS, COMMENTS, AND SUBMISSIONS

Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site or Lunachi’ social media site and/or provide Lunachi, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, images, photos, and suggestions (collectively, "Submissions") will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocable right, permission and license to the Submissions and all IP rights related thereto (excluding the moral rights such as authorship right) to Lunachi without charge and Lunachi shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Venus and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Venus in the future.

By submitting to this site or the Lunachi social media site, (1) You represent and warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Lunachi assumes no liability for any misuse of copyright or any other rights of third parties by you. (2) You represent that you have obtained express permission from everyone who took, or is appearing in, your Submission. (3) You acknowledge that you will not be compensated in any way for our use of your Submission. (4) You represent that you understand that we may retouch, edit or otherwise alter content (such as photos) without your ability to inspect or pre-approve. (5) You undertake to defend for and indemnify Venus against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post Submissions to the site or Lunachi’ social media, you also grant Lunachi the right to use the name that you submit with any review, comment, image, photo or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, image, photo and other content that you post on this site and that use of your reviews, comments, image, photo or other content by Lunachi will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Venus or third parties as to the origin of any Submissions or content. Lunachi may, but shall not be obligated to remove or edit any Submissions (including comments, reviews, images or photos) for any reason.

COPYRIGHTS

Lunachi.com is © 2019 through 2021, and we reserve all rights. Our website and all of the materials, including, but not limited to, its software or HTML code, scripts, text, artwork, product names, photographs, images, catalogs, video, and audio (collectively, “Content”) are protected by United States and international copyright laws and are the property of Lunachi Nightwear, LLC. All Content provided through our website is provided as a service to our current and prospective visitors and may be used only for personal, informational, and product ordering purposes. No right, title or interest in Lunachi Fashion’s Content is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the website or any of its Content without our prior written permission; you may not access or use the website for any competitive or commercial purpose; nor may you permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such Content is prohibited. Any and all rights not expressly granted are reserved by Lunachi Nightwear, LLC, as applicable.

TRADEMARKS

Lunachi Nightwear, LLC owns all rights regarding its trademarks, trade names, logos, brand names and trade dress ("Trademarks"). These Trademarks are registered and/or common law trademarks of Lunachi Nightwear, LLC and they are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these Terms of Use or by your use of the website. Your use or misuse of our Trademarks displayed on the website is strictly prohibited. You are also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

LIMITED LICENSE

You are permitted to share Content provided through the website on social media sites such as Facebook, Twitter, Instagram, or similar services. This permission is a limited license to use the Content solely for social purposes and not for any competitive or commercial purposes and does not represent a transfer of title in or to any Venus Fashion Content.

SPECIAL NOTICE

We have a no-tolerance policy regarding the use of our Lunachi Trademark in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of our Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on our website is prohibited absent our express written permission. Associating or juxtaposing our website or its Content (e.g., through framing or inline linking with advertisements and/or other information not originating from our website is expressly prohibited.

INDEMNIFICATION

You agree to defend, indemnify and hold Lunachi Nightwear, LLC, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of our website, your breach or alleged breach of these Terms of Use, your unauthorized use of the Content or your violation of any rights of any other person.

LEGAL DISPUTES

AGREEMENT TO BINDING ARBITRATION AND JURY TRIAL & CLASS ACTION WAIVER.

Please read this section carefully. Except as the Terms of Use otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

YOU AND LUNACHI AGREE THAT ALL DISPUTES BETWEEN US THAT WE CANNOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.

YOU AND LUNACHI FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY, TO THE LITIGATION OF DISPUTES IN STATE OR FEDERAL COURTS OF GENERAL JURISDICTION, AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of LUNACHI, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and Lunachi Nightwear, LLC as well as our respective heirs, successors, and assigns.

You and Lunachi agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. This agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.

ARBITRATION SCOPE, RULES & REQUIREMENTS

There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

The arbitration or small claims court action shall occur in the United States in the county or parish in which you reside or at such other location in the United States which may be agreed upon by you and us. You may also choose to have any arbitration, whether commenced by you or us, conducted by telephone or based on written submissions only.

The arbitrator has the authority to and shall resolve all claims and issues arising between us, including, but not limited to, international, federal, state, and local statutory, regulatory, constitutional, and common law claims.

This arbitration requirement covers, but is not limited to, any and all claims arising from or related in any way to your use of the Sites, your registration with the Sites, your requests to receive advertising or promotions, your purchase of or attempt to purchase products from us, and your communications with us.

The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to: Lunachi Nightwear,LLC The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.

If you initiate an arbitration, we will reimburse you for any standard filing fee which may be required under the AAA Rules for claims under $10,000. For claims over $10,000, payment of such fees will be by a separate agreement between you and us. If we cannot agree on such payment, the arbitrator will decide how such fees should be paid and by whom. Each party shall be responsible for their own attorneys’ fees except as provided by applicable law or the AAA Rules.

We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.

JURISDICTION

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Venus Fashion Inc.’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use, together with our posted Privacy Statement, constitute the entire agreement between us relating to your use of our website.

EFFECTIVE DATE & SUPPLEMENTAL TERMS

This agreement was last updated on August 5, 2021 and applies to all uses, purchases, or registrations occurring after that date. Updates to these Terms and Conditions shall not apply retroactively. If any provision of these Terms and Conditions is found to be unenforceable for any reason, it shall be removed and the remaining Terms and Conditions shall be fully enforceable.