TERMS OF SERVICE & USE AGREEMENT
Thank you for using our products and services ("Services"). The
Services are provided by WIMO LABS, LLC ("LUNATIK," "we," or "us"), located at 939 W. Lake Street,
Chicago, IL 60607, United States.
By using our Services, you are agreeing to these terms.
Our Services are diverse, and sometimes additional terms or product
requirements (including age requirements) may apply. Additional terms once adopted become part of your Agreement
with us if you use our Services. Be sure to regularly check this Agreement for updates, as it may change.
USE OF OUR SERVICE
You must follow all policies as a condition of using our Services. If
you do not wish to comply with the Agreement, please refrain from using this Site or Services.
Using our Services does not give you ownership of any intellectual
property rights in our Services or content. You may not use content from our Services unless you obtain permission
from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or
logos used in our Services. Do not remove, obscure, or alter any legal notices in or along with our Services.
You must create an account at LUNATIK.com in order to gain access to
the services and functionality that we may establish and maintain and in our sole discretion. You may never use
another User's account without permission. You are solely responsible for the activity that occurs on your
account. If you learn of any unauthorized use of your password or account, you must
notify us immediately
. LUNATIK is not liable for any losses caused by any unauthorized use
of your account.
By providing LUNATIK your email address, you consent to our using
that email address to send you Service-related notices, including any notices required by law, in lieu of
communication by postal mail. We may also use your email address to send you other messages, such as changes to
features of the Service and special offers or promotions. If you do not want to receive such email messages, you
may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email
messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices
from us, including without limitation a notification that these terms have changed, those legal notices will still
govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing
such legal notices for changes.
Consenting and entering into these terms does not create an agency or
employment relationship. Users of the service are not agents, representatives, employees or staff of LUNATIK and
do not receive compensation for using our Services. Users are expressly prohibited from representing themselves as
agents, employees or representatives of LUNATIK. This Agreement does not create any binding employment or
enforceable agency relationship between the User and LUNATIK. Users are not authorized and expressly lack the
authority to bind or enter into any Agreement that binds or can reasonably be perceived as binding upon LUNATIK
without the express written permission and authorization of LUNATIK.
You agree not to engage in any of the following prohibited activities
in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium,
including without limitation by any automated or non-automated "scraping"; (ii) using any automated system,
including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that
sends more request messages to the LUNATIK servers than a human can reasonably produce in the same period of time
by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, LUNATIK
grants the operators of public search engines revocable permission to use spiders to copy materials from
LUNATIK.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable
indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters,
or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or
decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may
impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or
harvesting any personally identifiable information, including account names, from the Service; (viii) using the
Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering
with the proper working of the Service; (xi) accessing any content on the Service through any technology or means
other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or
restrict access to the Service, including without limitation features that prevent or restrict use or copying of
any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse
engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the
Service or features of the Service (to you or generally), or create usage limits for the Service. We may
permanently or temporarily terminate or suspend your access to the Service without notice or liability to LUNATIK,
for any reason or for no reason, including if in our sole determination you violate any provision of these terms.
Upon termination of this Agreement or your access to the Service, you will continue to be bound by the terms of
this Agreement which, by their nature, should survive termination, including without limitation ownership
provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Service
Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. LUNATIK
shall have no liability for your interactions with other Users, or for any User's action or inaction.
LIABILITY FOR OUR SERVICES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUNATIK, AND LUNATIK'S
AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, DISTRIBUTORS, AND LICENSORS ARE NOT RESPONSIBLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY
TO USE, OUR SERVICES OR PRODUCTS. UNDER NO CIRCUMSTANCES WILL LUNATIK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR
INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR
THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF
LUNATIK, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED
WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID LUNATIK TO USE THE SERVICES.
IN ALL CASES, LUNATIK, AND ITS SUPPLIERS AND DISTRIBUTORS, SHALL ONLY
BE LIABLE FOR LOSS OR DAMAGE THAT IS CAUSED BY INTENTIONAL OR NEGLIGENT ACTS WITHIN THE SCOPE OF LUNATIK'S
OBLIGATIONS TO USERS.
To the maximum extent permitted by applicable law, LUNATIK assumes no
liability or responsibility for any (i) errors, mistakes, or inaccuracies of content available on or through the
service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use
of our service or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all
personal information stored therein; (iv) any interruption or cessation of transmission to or from the service;
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third
party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of
any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user
content or the defamatory, offensive, or illegal conduct of any third party.
This limitation of liability section applies whether the alleged
liability is based on contract, tort, negligence, strict liability, or any other basis, even if LUNATIK has been
advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction.
LUNATIK makes no representations that the Service is appropriate or
available for use in other locations. Those who access or use the Service from other jurisdictions do so at their
own volition and are entirely responsible for compliance with all applicable United States and local laws and
regulations, including but not limited to export and import regulations. You represent and warrant you are not
located in a country embargoed by the United States or that has been designated by the United States government as
a "terrorist-supporting" country, and that you are not a foreign person or entity blocked or denied by the United
States government or otherwise listed on any United States government list of prohibited or restricted parties.
Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals,
companies, or other entities located in the United States.
You agree not to post User Content that: (i) may create a risk of
harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental
illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any
person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains
any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive,
defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people
(publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi)
contains any information or content that is illegal (including, without limitation, the disclosure of insider
information under securities law or of another party's trade secrets); (vii) contains any information or content
that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(viii) contains any information or content that you know is not correct and current. You agree that any User
Content that you post does not and will not violate third-party rights of any kind, including without limitation
any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content
contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights,
including without limitation the performance, mechanical, and sound recordings rights, with respect to each and
every musical composition (including lyrics) and sound recording contained in such User Content and have the power
to grant the license granted below. LUNATIK reserves the right, but is not obligated, to reject and/or remove any
User Content that LUNATIK believes, in its sole discretion, violates these provisions. You understand that
publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office,
the Writer's Guild of America, or any other rights organization.
For the purposes of these terms, "Intellectual Property Rights" means
all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress
and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof,
under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and
warrant the following:
- Your User Content and LUNATIK's use thereof as contemplated by these terms and the Service will not violate
any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights
and privacy rights.
- LUNATIK may exercise the rights to your User Content that are granted to LUNATIK under these terms, without
payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining
agreement or otherwise.
- All your User Content and other information that you provide to us is truthful and accurate.
LUNATIK takes no responsibility and assumes no liability for any User
Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible
for your User Content and the consequences of posting or publishing it.
By posting any User Content on the Service, you expressly grant, and
you represent and warrant that you have a right to grant, to LUNATIK a royalty-free, sub licensable, transferable,
perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information
regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works
of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in
part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with
the Service and LUNATIK's (and its successors' and affiliates') business, including without limitation for
promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and
through any media channels.
We may make available software to access the Service via a mobile
device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the
Mobile Service. LUNATIK does not warrant that the Mobile Software will be compatible with your mobile device.
LUNATIK grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile
Software for one LUNATIK account on one mobile device owned or leased solely by you, for your personal,
non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software,
except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell,
sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to
provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv)
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software,
features that prevent or restrict use or copying of any content accessible through the Mobile Software, or
features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other
proprietary rights notices on the Mobile Software. You acknowledge that LUNATIK may issue upgraded versions of the
Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are
using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the
terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be
incorporated in the Mobile Software is covered by the applicable open source or third-party license end-user
license agreement (EULA), if any, authorizing use of such code. The foregoing license grant is not a sale of the
Mobile Software or any copy thereof, and LUNATIK or its third party partners or suppliers retain all right, title,
and interest in the Mobile Software (and any copy thereof). If the Mobile Software is being acquired on behalf of
the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile
Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR
52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is
subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to
certain countries or those persons or entities prohibited from receiving exports from the United States. In
addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply
with all United States and foreign laws related to use of the Mobile Software and the LUNATIK Service.
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein
or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos,
patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "LUNATIK
Content"), and all Intellectual Property Rights related, are the exclusive property of LUNATIK and its licensors.
Except as explicitly provided, nothing in these terms shall be deemed to create a license in or under any such
Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials
or content accessible on the Service. Use of the LUNATIK Content or materials on the Service for any purpose not
expressly permitted by these terms is strictly prohibited.
LUNATIK may provide LUNATIK.com members rewards that may be awarded
to the referrer when her friends join and complete purchases as part of the rewards program. Rewards are granted
at LUNATIK's sole discretion. In order for a member to be eligible to receive rewards. The new friend must join
LUNATIK.com via the referring member's unique referral link and complete a purchase. Rewards are based on
completed purchases. Rewards are loyalty or promotional discounts, rebates or credits offered by LUNATIK, and do
not constitute an account, a payment instrument or other property owned by any LunaTik.com member. Rewards may
only be used in connection with a qualifying purchase on the LUNATIK.com website. LUNATIK.com reserves the right
to revoke your Rewards if LUNATIK determines that you have engaged in fraudulent referral activity (e.g. inviting
Rewards expire 6 months after they are granted. Rewards are not transferable or sellable, and are not gift cards.
LUNATIK.com reserves the right at any time without notice to you to change the terms applicable to the Rewards,
including expiration period and/or your ability to redeem existing Rewards, LUNATIK.com does not impose any fee on
your use of Rewards.
U.S. Citizens: If you earn six hundred dollars USD ($600.00 USD) or more, LUNATIK is legally required to file Form 1099 Misc with the IRS and report your earnings in box 7 as Non-employee compensation. LUNATIK will also provide you with a copy of the 1099 Misc for for income tax purposes. You will be asked to complete Form W-9 as part of your sign up procedure.
Foreign Persons including Non-resident Aliens: LUNATIK is legally required to withhold 30% of the gross amount of US source income paid to Foreign Persons. This withholding, as well as the gross amount paid, will be reported to the IRS and the individual on Form 1042-S after yearend. You will also be asked to complete Form W-8BEN as part of your signup procedure.
Important: LUNATIK reserves the right and will not be able to reward commissions to any REWARDS program participant until the above US and International tax documents are properly completed and returned to LUNATIK for its records
If you purchase an item through the Service, your purchase will be
processed in accordance with the "Orders" Policy, delivered to you according to our
, and, if applicable, returns will be handled in accordance with our
TAXES, CUSTOMS AND DUTIES
All information that you provide in connection with a purchase or
transaction or other monetary transaction interaction with the Service must be accurate, complete, and current.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in
connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices
in effect when such charges are incurred. You will pay any applicable taxes, customs, and duties, if any, relating
to any such purchases, transactions or other monetary transaction interactions or referral credits, rebates or
U.S. Citizens: If you earn more than six hundred dollars USD ($600.00
USD) we are LUNATIK is legally required to file a 1099 form with the IRS that names you as an independent
contractor who has received a taxable amount of income from us.
Non U.S. Citizens: _____
PRIVACY and SECURITY
Your privacy is important to us. Please review our
for detailed information on our practices and the measures we take to
protect your personal information.
DIGITAL MILLENNIUM COPYRIGHT ACT
Since we respect artist and content owner rights, it is LUNATIK's
policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998
If you believe that your copyrighted work has been copied in a way
that constitutes copyright infringement and is accessible via the Service, please notify LUNATIK's copyright agent
as set forth in the DMCA. The following Designated DMCA Agent:
Attn: LUNATIK Legal
Address: 939 W. Lake Street, Chicago, IL 60607
Phone: +1.855.LUNATIK (586.2845)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL
IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying LUNATIK
and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to
comply with LUNATIK's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute
legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and
other applicable laws.
THIRD PARTY LINKS
The Service may contain links to third-party websites, advertisers,
services, special offers, or other events or activities that are not owned or controlled by LUNATIK. LUNATIK does
not endorse or assume any responsibility for any such third-party sites, information, materials, products, or
services. If you access a third party website from the Service, you do so at your own risk, and you understand that
any and all liability arising from your use of any third-party website, service, or content. Additionally, your
dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of
goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that LUNATIK
shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless LUNATIK and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the
Service, including any data or content transmitted or received by you; (ii) your violation of any of these terms,
including without limitation your breach of any of the representations and warranties you make in these terms; (iii)
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property
Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a
result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and
use of the Service with your username, password or other appropriate security code.
The service and any product or service you purchase through the service
("product") are provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the
maximum extent permitted by applicable law, the service and the products are provided without warranties of any
kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for
a particular purpose, or non-infringement. Without limiting the foregoing, LUNATIK, its subsidiaries, and its
licensors do not warrant that the content is accurate, reliable or correct; that the service or the products will
meet your requirements; that the service will be available at any particular time or location, uninterrupted or
secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful
components. LUNATIK does not warrant, endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the LUNATIK service or any hyperlinked website or service, and
LUNATIK will not be a party to or in any way monitor any transaction between you and third-party providers of
products or services.
Any dispute arising from or relating to the subject matter of this
Agreement shall settled by binding arbitration in Cook County, Illinois, using the English language in accordance
with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in
effect. Judgment upon the award so rendered may be entered in a court having jurisdiction. Any arbitration under
this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU
UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND LUNATIK ARE EACH WAIVING THE RIGHT TO TRIAL BY
JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to
institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
LUNATIK may provide notifications to you via email notice, written or
hard copy notice, or through posting of such notice on our website, as determined by LUNATIK in our sole discretion.
LUNATIK reserves the right to determine the form and means of providing notifications to our Users, provided that
you may opt out of certain means of notification. LUNATIK is not responsible for any automatic filtering you or your
network provider may apply to email notifications we send to the email address you provide us.
ABOUT THESE TERMS
We reserve the right to amend these terms or any additional terms that
apply to a Service. You should regularly review these terms. We will post notice of modifications to these terms on
this page. We will post notice of modified additional terms in the applicable Service. Modifications will not apply
retroactively and will become effective no less than fourteen days after they are posted. However, any modifications
that address new functions for a Service or changes made for legal reasons will be effective immediately. Your
continued use of the Service after any such change takes effect constitutes your acceptance of the new terms. If you
do not agree to any of these terms or any modified terms, your only remedy shall be to discontinue use of the
Service. These terms apply to all visitors, users, and others who access the Service ("Users").
If there is a conflict between these terms and the additional terms,
the additional terms will control for the conflict.
This Agreement controls the relationship between LUNATIK and you, as
User. They do not create any third party beneficiary rights. This Agreement constitutes the agreement among the
parties with respect to the subject matter and supersedes all agreements, representations, warranties, statements,
and promises, whether oral or written, with respect to the subject matter. No party shall be bound by or charged
with any oral or written agreements, representations, warranties, statements, promises or understandings not
specifically set forth in this Agreement. The terms of this Agreement supersede any description of LUNATIK appearing
in any other document.
Waiver. LUNATIK shall not be deemed to have waived any
right under this Agreement for failure to complain of any act or omission of the User.
Severability. If any provision of this Agreement shall
be held to be valid, void or unenforceable, the same shall not affect the validity or enforceability of the
remainder of this Agreement.
For information about how to contact LUNATIK, please visit our