This Terms of Use Agreement (the “Agreement”) is a contract between
you and Carolyn Tam, (the “Company”, or “COMPANY”).
COMPANY operates the website found at the address
www.caroltluna.com (the “Site”). This Agreement governs your
use of the Site. Be sure that you carefully read and fully understand
this Agreement. COMPANY is willing to provide you with access to the
Site only on the condition that you accept all of the terms and
conditions (the “Terms”) contained in this Agreement. This Agreement
governs your use of the Site. Please read all of the Terms carefully. By
using the Site, you agree to comply with and be bound by these Terms.
If you do not agree to the Terms, you are not authorized to use the
Site. COMPANY reserves the right to modify the Terms at any time by
posting a notice on the home page of the Site. Your use of the Site
after the notice is posted indicates you agree to the changes.
In order to use the Site, you must obtain access to the World Wide
Web, either directly or through devices that access Web-based content
and pay any service fees associated with such access. System
availability and access to the services available on this Site may be
limited or unavailable for reasons which may include, without
limitation, system performance. COMPANY makes no representations,
warranties or assurances as to the availability of the Site.
You may not print, download and use the underlying HTML, text, audio
clips, video clips and other content that is made available to you on
this Site, for other than your personal information.
Without limiting the generality of the foregoing, you may not:
1. include such content in or with any product or service that you create or distribute;
2. reproduce, duplicate, copy, sell, rent, resell or exploit for any
commercial purposes any portion of the Site, use of the Site, or access
to the Site;
3. establish: (i) a hyperlink, including a deep link, to any page or
location on the Site; or (ii) a frame containing any portion of the
Site, on any other Web site or text document with hyperlink capabilities
without the express written permission of the Company;
4. copy such content onto your or any other Web site or publication; or
5. direct any other person to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any right
under any intellectual property of COMPANY, its affiliates or any other
person or entity owning the intellectual property in the content
provided on this Site.
All COMPANY trademarks that appear on the Site are the exclusive
property of COMPANY. The trademarks, trade names, trade dress and
associated products and services represented on this Site are protected
under international law and their display on this Site does not convey
or create any license or other rights in these trademarks, trade names,
trade dress and associated products and services. Any use of them
without prior written authorization of COMPANY or the relevant trademark
owner is strictly prohibited.
Any third party trademarks mentioned on this Site which are not those
of COMPANY are the trademarks of their respective owners. The display
of these trademarks or trade names on this Site does not convey or
create any license or other rights in these trademarks or trade names.
Any unauthorized use of those third party trademarks is strictly
prohibited.
Any unauthorized copying, redistribution, reproduction or
modification of the contents of this Site by any person may be a
violation of federal, state or common law trademark and/or copyright
laws, and could subject such person to legal action.
COMPANY reserves the right to modify, suspend or discontinue,
temporarily or permanently, the Site (or any part thereof) from time to
time, for any or no reason and without notice. You agree that COMPANY
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site. The information and materials
contained on the Site are subject to change. COMPANY endeavors to keep
the information posted on this Site current, however, such information
is subject to change at any time without notice to you and the posted
information on this Site may not immediately reflect such changes.
This Site may provide links or references to other sites. If COMPANY
has provided links or pointers to other web sites, no inference or
assumption should be made and no representation should be implied that
COMPANY is connected with, operates or controls these web sites.
COMPANY makes no representations, warranties or assurances as to any
information in such sites, has no responsibility for their content and
shall not be liable for any damages or injury arising from that content.
COMPANY disclaims any opinions expressed on such sites. Any links to
other sites are provided merely for your convenience and the inclusion
of such links does not imply that COMPANY endorses the content of such
sites. Where COMPANY is offering its own content (or content of an
affiliate) on or through third party sites (whether by linking, framing
or otherwise), your use or display of that content shall be subject to
this Agreement.
COMPANY takes no responsibility for third party advertisements which
are posted on this Site, nor does it take any responsibility for the
goods or services provided by its advertisers. Your correspondence or
business dealings with, or participation in promotions of, advertisers
or third parties found on or throughout the Site, including, without
limitation, with respect to the payment and delivery of related goods or
services and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such parties
and are not binding upon nor constitute obligations of COMPANY. You
agree that COMPANY shall not be responsible or liable for any actions,
losses, damages, liabilities, claims, judgments, costs or expenses of
any nature or kind (collectively, “Claims”) incurred as the result of
any such dealings or as the result of the presence of such third parties
on the Site, and you agree to indemnify COMPANY and its affiliates from
and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you
must contact COMPANY before doing so. In establishing hypertext links,
you must not represent in any way, expressly or by implication, that you
have received the endorsement, sponsorship or support of this Site or
COMPANY, including its respective employees, agents, directors, officers
and shareholders.
COMPANY is not responsible for the content or practices of third
party web sites that may be linked to this Site and makes no
representation or warranty regarding such web sites or their content.
This Site may also be linked to other web sites operated by companies
affiliated or connected with COMPANY. When visiting other web sites,
however, you should refer to each such web site’s individual “Terms of
Use” and not rely on this Agreement.
Except as expressly provided otherwise, COMPANY disclaims any and all
responsibility or liability for the timeliness, sequence, quality,
accuracy, content, completeness, legality, reliability, operability or
availability of information or material contained on the Site. The Site
may contain inaccuracies or typographical errors. COMPANY disclaims any
responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material in respect of the Site
or the use thereof.
Any communications sent to you via this Site or otherwise from
COMPANY (including, without limitation, in the form of newsletters,
electronic mail or via telephone), and the contents of this Site
(including, without limitation, any technology, financial, investment,
corporate, or tax information) are provided for informational and
educational purposes only and are not intended to provide legal,
investment, financial, or tax advice and should not be relied upon in
that regard. Your financial circumstances and tax situation is unique.
Therefore, you should independently consult a lawyer or tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE
SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE
REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN
THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE
SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE
EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF
THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND
ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED
THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH
MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE
SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S
AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN
CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE
(COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST
OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR
IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY
COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY
(INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA
TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT
LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR
INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR
SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE,
DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE
SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT
LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR
RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM
ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN
THE CONTENT OF THIS SITE.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
We may allow third-party companies that use tracking technologies,
such as cookies or pixels, to record IP information about users who
visit or interact with our website. Our website does not provide any
personal information to these third parties. This information allows
them to deliver targeted advertisements and gauge their effectiveness.
Some of these third-party advertising companies may be advertising
networks that are members of the Network Advertising Initiative which
offers a single location to opt out of ad targeting from member
companies.
1. Governing Law. This Agreement shall be governed by the laws of
England, without regard to conflicts of law provisions. The parties
agree that the exclusive jurisdiction of any dispute arising out of, or
relating to, this Agreement or any dispute arising out of, or relating
to, this Agreement or services provided in connection therewith shall be
in the county courts located in Peterborough, England.
2. Entire Agreement. This Agreement is the entire and exclusive
agreement between the parties, and it supersedes all previous
communications, representations or agreements, either oral or written,
between them with respect to this subject matter. No representations or
statements of any kind made by any affiliate of COMPANY, which are not
included in this Agreement, shall be binding on COMPANY or its
affiliates.
3. Amendments. Neither you nor COMPANY may modify or amend this
Agreement, in whole or in part without the prior written consent of both
you and an authorized representative of COMPANY. However, COMPANY may
replace this Terms of Service Agreement from time to time and your
subsequent use of the Site, or any content, programs or materials
provided through the Site, will be subject in all respects to the terms
and conditions of such terms of service in force at the time of such
subsequent use. You are advised to check this Global Terms of Service
Agreement regularly for any modifications.
4. Waiver. No waiver of any provision herein shall be valid unless in
writing and signed by an authorized representative of both you and
COMPANY. COMPANY’s failure to insist upon or enforce strict performance
of any provision of this Agreement or any right shall not be construed
as a waiver of any such provision or right.
5. Severability. If any provision of this Agreement is determined to be
illegal or unenforceable, such provision shall be automatically reformed
and construed so as to be valid, operative and enforceable to the
maximum extent permitted by law or equity while preserving its original
intent. The invalidity of any part of this Agreement shall not render
invalid the remainder of this Agreement.
6. Miscellaneous. This Agreement shall inure to the benefit of COMPANY
and its subsidiaries and affiliates. Any and all references in this
Agreement to COMPANY and its affiliates shall, where the context so
permits, include COMPANY’s parent companies, sister companies, and their
respective subsidiaries, affiliates, directors, officers, employees,
contractors and agents. The headings contained herein are for
convenience only and shall have no legal or interpretive effect.
Additional terms and conditions may apply when you use other services,
affiliate services, third party content or third party software on or
through a link provided on the Site.
7. Assignment. COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.
