Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY LOONEY MOONIES, LLC. (“LM”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE WWW.LOONEYMOONIE.COM (“SITE”) AND THE SERVICE OWNED AND OPERATED BY LM (COLLECTIVELY WITH THE SITE AND ITS “SERVICES”). BY USING THE SITE AND ITS SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE AND ITS SERVICES.

Content and License
You agree that the LOONEYMOONIE.COM (Site) contains Content specifically provided by LOONEY MOONIES, LLC (LM) or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Members of LM using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Site.

The information provided on the Site is for educational, informational, and entertainment purposes only. The Site contains content that LM creates. All materials published on the Site including but not limited to text, images, video, graphics and multimedia files (“Content”) are protected by all applicable copyright and trademark laws and owned by LM or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.

The Site may contain links to other Internet sites operated by third parties. These links are provided as a convenience to access the information contained therein. These other websites are not under LM’s control, and you acknowledge that LM is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by LM or any association with its operators. You further acknowledge and agree that LM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. When you access third party websites, you do so at your own risk.

Acceptance of Terms
The Site is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which term also incorporates the Privacy Policy available at www.looneymoonies.com/privacy, and all other operating rules, policies and procedures that may be published from time to time on the Site by LM, each of which is incorporated by reference and each of which may be updated by LM from time to time without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by LM from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

LM and its affiliates reserve the right, but not the obligation, to send electronic mail to any and all members of the Site for the purpose of informing them of changes or additions to the Site or any related services or products. You can opt-out of receiving said messages as provided for in LM’s Privacy Policy. LM may at any time, in its sole discretion, terminate, limit or suspend your access to the Site, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement or the termination of your participation in LM. This provision is void where prohibited by law and the right to access the Site and its Services is revoked in such jurisdictions.

Modification of Terms of Use
LM reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Site and its Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. LM may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct
As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use. The Site (including, without limitation, any Content) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Site and its Services. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Site, including without limitation any User Submission, that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of LM or any third party; or
• impersonates any person or entity, including any employee or representative of LM.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by LM in its sole discretion) an unreasonable or disproportionately large load on LM’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures LM may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Site; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

LM does not guarantee that any Content will be made available on the Site. LM has no obligation to monitor the Site, Service or Content. However, LM reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if LM is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Indemnification
You shall defend, indemnify, and hold harmless LM, its affiliates and each of its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site and its Services, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. LM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with LM in asserting any available defenses.

Limitation of Liability
IN NO EVENT SHALL LM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International
Accessing the Site is prohibited from territories where such Content is illegal. If you access the Site from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Governing Law, dispute resolution, waiver of class action, waiver of jury trial and other legal rights
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over LM or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Utah.

You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Site, shall be filed only in the state or federal courts located in Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

You further waive any right you may have to file or participate in, as a class representative or class member, any class action arising from this agreement, from conduct by LM, or from any alleged wrong or violation of any state or federal law, no matter where the action is filed.

Integration and Severability
The Terms of Use are the entire agreement between you and LM with respect to the Site and use of its Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and LM with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous
LM shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LM’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with LM’s prior written consent. LM may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Privacy policy
We respect your right to privacy and recognize the importance of protecting the personal information you might provide to LooneyMoonies.com.

Credit information that you and credit authorizers provide when you make payments by credit card or electronic check for products, dues or other services via LooneyMoonies.com will only be used to process the transactions you request. This information will be provided to and maintained by reputable credit reporting databases, but will never be sold, shared or provided to other third parties.

All transactions on LooneyMoonies.com are secure. No one sees your credit card information except us.

Email
We will send you email relating to your personal transactions. We want to communicate with you periodically but will keep these emails to a minimum.
We may collect and use the information about you and your computer or device, as well as other information obtained from our website or network and your device. We and our affiliated organizations may use this information to maintain and provide you with the services you request, to respond to your questions and instructions, to maintain the integrity of our program, to address security issues, to investigate or take action regarding violations or suspected violations of law or our terms, and to improve our services.
At times, we may use your LM information to send you promotional invitations and information concerning other activities, products, Looney Moonies characters, other intellectual property and other ideas associated with LM and its affiliates. We may send you service-related announcements on rare occasions when it is necessary to do so.

Technology / Security
LooneyMoonies.com uses cookies to help (anonymously) recognize you as a repeat visitor and to track traffic patterns on our site. We use this information to make LooneyMoonies.com more user-friendly.

LooneyMoonies.com may obtain IP addresses from users. We will use this information to monitor and prevent fraud, diagnose problems, and (anonymously) estimate demographic information.

We use a variety of security measures, including encryption and authentication tools, to maintain the confidentiality of your personal information. Your personal information is stored behind firewalls and is only accessible by a limited number of people who are required to keep the information confidential.

When you play fees we use a secure server. To the extent you select the secure server method and your browser supports such functionality, all credit card information you supply is transmitted via Secure Socket Layer (SSL) technology. Regardless of these efforts by us, no data transmission over the public Internet can be guaranteed to be 100% secure.

Miscellaneous
LooneyMoonies.com reserves the right to update this privacy policy at anytime. Updates to our privacy policy will be sent to the email address that you have provided us or posted prominently on the website.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law).

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