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TERMS OF USE
BunBob Ventures, LLC owns and operates this web site, Cherry Moon Designs
(www.cherrymoondesigns.com), (the "Web Site") and is
hereinafter referred to as "We". PLEASE READ THESE TERMS OF USE AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF
USE AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB
SITE.
Products, Services, Content and
Specifications. If applicable, all features, content, specifications, products/services and
prices of products and/or services described or depicted on this Web Site are subject to change at
any time without notice. Certain weights, measures, colors and similar descriptions are
approximate and are provided for convenience purposes only. We make all reasonable efforts to
accurately display the attributes of our products and/or services, including the applicable colors;
however, the actual color you see will depend on your computer system and we cannot guarantee that
your computer will accurately display such colors. The inclusion of any products and/or
services in this Web Site at a particular time does not imply or warrant that these products and/or
services will be available at any time. It is your responsibility to ascertain and obey all
applicable local, state, federal and international laws (including minimum age requirements) in
regard to the possession, use and sale of any item and/or service purchased from this Web
Site. By placing an order, you represent that the products and/or services ordered will be
used only in a lawful manner. When applicable, all videocassettes, DVDs and similar products
sold are for private, home use (where no admission fee is charged), non-public performance and may
not be duplicated.
Shipping Information. Purchases for products will be shipping to an address
designated by the purchaser as long as that shipping address is compliant with the shipping
restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a
shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass
to you upon delivery of the items to the carrier. You are responsible for filing any claims with
carriers for damaged and/or lost shipments.
Accuracy of Information. We attempt to ensure that information on this Web Site
is complete, accurate and current. Despite our efforts, the information on this Web Site may
occasionally be inaccurate, incomplete or out of date. We make no representation as to the
completeness, accuracy or currentness of any information on this Web Site. For example, products
included on the Web Site may be unavailable, may have different attributes than those listed, or
may actually carry a different price than that stated on the Web Site. In addition, we may make
changes in information about price and availability without notice. While it is our practice to
confirm orders by email, the receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the
right, without prior notice, to limit the order quantity on any product or service and/or to refuse
service to any customer. We also may require verification of information prior to the acceptance
and/or shipment of any order.
Use of this Web Site. The Web Site design and all text, graphics, information,
content, and other material displayed on or that can be downloaded from this Web Site are either
the property of, or used with permission by, BunBob Ventures, LLC, and are protected by copyright,
trademark and other laws and may not be used except as permitted in these Terms of Use and
Conditions or with the prior written permission of the owner of such material. You may not modify
the information or materials located on this Web Site in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such materials for any public or commercial purpose.
Any unauthorized use of any such information or materials may violate copyright laws, trademark
laws, laws of privacy and publicity, and other laws and regulations. You are responsible for
maintaining the confidentiality of your account information and password and for restricting access
to such information and to your computer. You agree to accept responsibility for all activities
that occur under your account or password.
Trademarks. Certain trademarks, trade names, service marks and logos used or
displayed on this Web Site are registered and unregistered trademarks, trade names and service
marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed
on this Web Site are the registered and unregistered trademarks, trade names and service marks of
their respective owners. Nothing contained on this Web Site grants or should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade
names, service marks or logos displayed on this Web Site without our written permission or the
written permission of such third party owner.
Linking to this Web Site. Creating or maintaining any link from another Web site
to any page on this Web Site without our prior written permission is prohibited. Running or
displaying this Web Site or any material displayed on this Web Site in frames or through similar
means on another Web site without our prior written permission is prohibited. Any permitted links
to this Web Site must comply will all applicable laws, rule and
regulations.
Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by us or our affiliates. All such links are
provided solely as a convenience to you. If you use these links, you will leave this Web Site.
Neither we nor any of our affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither we nor any of our affiliates
endorse, guarantee, or make any representations or warranties regarding any other Web site, or any
content, materials or other information located or accessible from such Web sites, or the results
that you may obtain from using such Web sites. If you decide to access any other Web site linked to
or from this Web Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered a criminal offense or
give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may
have at law or in equity, if we reasonably determine that you have violated or are likely to
violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or
prevent the violation, including without limitation, the immediate removal from this Web Site of
the related materials. We will fully cooperate with any law enforcement authorities or court order
or subpoena requesting or directing us to disclose the identity of anyone posting such
materials.
User Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts,
know-how, techniques, questions, comments or other communication you transmit or post to this Web
Site in any manner ("User Communications") is and will be considered non-confidential and
non-proprietary. We, each of our affiliates and/or our designees may use any or all User
Communications for any purpose whatsoever, including, without limitation, reproduction,
transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in
any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not
obligated to, monitor or review any User Communications. We shall have no obligation to use,
return, review, or respond to any User Communications. We will have no liability related to the
content of any such User Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that
includes any material we deem inappropriate or unacceptable.
DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND
SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF
ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS
AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR
AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR
THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS
WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be liable
for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or
other property caused by or arising from your access to, use of, or browsing this Web Site or your
downloading of any materials, from this Web Site. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS,
RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE
BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY
WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR
ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS
TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU
HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE
MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE
WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revisions to these Terms and Conditions. We may revise these Terms of Use and
Conditions at any time and from time to time by updating this posting. You should visit this page
from time to time to review the then current Terms of Use and Conditions because they are binding
on you. Certain provisions of these Terms of Use and Conditions may be superseded by expressly
designated legal notices or terms located on particular pages at this Web
Site.
Choice of Law; Jurisdiction. These Terms of Use and Conditions supersede any
other agreement between you and us to the extent necessary to resolve any inconsistency or
ambiguity between them. These Terms of Use and Conditions will be governed by and construed in
accordance with the laws of the State of California, without giving effect to any principles of
conflicts of laws. A printed version of these Terms of Use and Conditions shall be admissible in
judicial and administrative proceedings based upon or relating to these Terms of Use and Conditions
to the same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of this
Web Site at any time, for any reason or for no reason. You are personally liable for any orders
that you place or charges that you incur prior to termination. We reserve the right to change,
suspend, or discontinue all or any aspect of this Web Site at any time without
notice.
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