Conditions of Use
Welcome to EverythingUnderTheMoon.net. Everything Under the Moon and/or
its affiliates ("EUTM") provide website features to you
subject to the following conditions. If you visit or shop
at EUTM, you accept these conditions. Please read them
carefully. In addition, when you use any current or future
EUTM service or business (e.g., the Message Board) you also
will be subject to the guidelines, terms and agreements
("Terms") applicable to such service or business. If these
conditions are inconsistent with such Terms, the Terms will
control.
PRIVACY
Please review our Privacy Notice, which also governs your
visit to EverythingUnderTheMoon.net, to understand our
practices.
ELECTRONIC COMMUNICATIONS
When you visit EverythingUnderTheMoon.net or send e-mails
to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property
of EUTM or its content suppliers and protected by United
States and international copyright laws. The compilation of
all content on this site is the exclusive property of EUTM
and protected by U.S. and international copyright laws. All
software used on this site is the property of EUTM or its
software suppliers and protected by United States and
international copyright laws.
LICENSE AND SITE ACCESS
EUTM grants you a limited license to access and make
personal use of this site and not to download (other than
page caching) or modify it, or any portion of it, except
with express written consent of EUTM. This license does not
include any resale or commercial use of this site or its
contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account
information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose
without express written consent of EUTM. You may not frame
or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of EUTM without express written
consent. You may not use any meta tags or any other "hidden
text" utilizing EUTM's name or trademarks without the
express written consent of EUTM. Any unauthorized use
terminates the permission or license granted by EUTM. You
are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of
EverythingUnderTheMoon.net so long as the link does not
portray EUTM, or its products or services in a false,
misleading, derogatory, or otherwise offensive matter. You
may not use any EUTM logo or other proprietary graphic or
trademark as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your
account or password. EUTM does sell products for children,
but it sells them to adults, who can purchase with a credit
card or other permitted payment method. If you are under 18,
you may use EverythingUnderTheMoon.net only with involvement
of a parent or guardian. EUTM reserves the right to refuse
service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
MESSAGE BOARD POSTS, COMMENTS, COMMUNICATIONS, AND
OTHER CONTENT
Visitors may post comments, photos, and other content;
send e-cards and other communications; and submit
suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of
"spam." You may not use a false e-mail address, impersonate
any person or entity, or otherwise mislead as to the origin
of a card or other content. EUTM reserves the right (but not
the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we
indicate otherwise, you grant EUTM a nonexclusive,
royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from,
distribute, and display such content throughout the world in
any media. You grant EUTM and sublicensees the right to use
the name that you submit in connection with such content, if
they choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify
EUTM for all claims resulting from content you supply. EUTM
has the right but not the obligation to monitor and edit or
remove any activity or content. EUTM takes no responsibility
and assumes no liability for any content posted by you or
any third party.
COPYRIGHT COMPLAINTS
EUTM respects the intellectual property of others. If you
believe that your work has been copied in a way that
constitutes copyright infringement, please follow our
Notice and Procedure for Making Claims
of Copyright Infringement.
RISK OF LOSS
All items purchased from EUTM are made pursuant to a
shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the
carrier.
PRODUCT DESCRIPTIONS
EUTM attempts to be as accurate as possible. However,
EUTM does not warrant that product descriptions or other
content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by EUTM itself
is not as described, your sole remedy is to return it in
unused condition.
PRICING
Except where noted otherwise, the List Price displayed
for products on our website represents the full retail price
listed on the product itself, suggested by the manufacturer
or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a
comparably featured item offered elsewhere. The List Price
is a comparative price estimate and may or may not represent
the prevailing price in every area on any particular day.
For certain items that are offered as a set, the List Price
may represent "open-stock" prices, which means the aggregate
of the manufacturer's estimated or suggested retail price
for each of the items included in the set. Where an item is
offered for sale by one of our merchants, the List Price may
be provided by the merchant.
With respect to items sold by EUTM, we cannot confirm the
price of an item until you order; however, we do NOT charge
your credit card until after your order has entered the
shipping process. Despite our best efforts, a small number
of the items in our catalog may be mispriced. If an item's
correct price is higher than our stated price, we will, at
our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such
cancellation.
Please note that this policy applies only to products
sold and shipped by EUTM. Your purchases from third-party
sellers using EUTM Payments are charged at the time you
place your order, and third-party sellers may follow
different policies in the event of a mispriced item.
OTHER BUSINESSES
Parties other than EUTM operate stores, provide services,
or sell product lines on this site. For example,
Calastrology.com offers services and products, Amazon.com
offers books and DVDS, and other businesses and individuals
offer other products. In addition, we provide links to the
sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we
do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. EUTM does not
assume any responsibility or liability for the actions,
product, and content of all these and any other third
parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY EUTM ON AN "AS IS" AND "AS AVAILABLE" BASIS,
UNLESS OTHERWISE SPECIFIED IN WRITING. EUTM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EUTM
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. EUTM DOES NOT WARRANT THAT
THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR
E-MAIL SENT FROM EUTM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. EUTM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN
WRITING.
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.
APPLICABLE LAW
By visiting EverythingUnderTheMoon.net, you agree that
the laws of the state of Tennessee, without regard to
principles of conflict of laws, will govern these Conditions
of Use and any dispute of any sort that might arise between
you and EUTM.
DISPUTES
Any dispute relating in any way to your visit to
EverythingUnderTheMoon.net or to products or services sold
or distributed by EUTM or through EverythingUnderTheMoon.net
in which the aggregate total claim for relief sought on
behalf of one or more parties exceeds $7,500 shall be
adjudicated in any state or federal court in Bradley County,
Tennessee, and you consent to exclusive jurisdiction and
venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site.
These policies also govern your visit to
EverythingUnderTheMoon.net. We reserve the right to make
changes to our site, policies, and these Conditions of Use
at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
Notice and Procedure
for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide us with the written
information specified below. Please note that this procedure
is exclusively for notifying EUTM that your copyrighted
material has been infringed.
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
- A description of the copyrighted work that you claim
has been infringed upon;
- A description of where the material that you claim
is infringing is located on the site, including the
auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
- Please email this information to: StarWitchsdomains@gmail.com
-
Contact Information:
For questions or comments about EUTM, please email
StarWitchsdomains@gmail.com
