Terms & Conditions

Introduction

Welcome to the Lullabrites® Moon Pets, Unicorn, Lamb, Panda! (Lullabrites.shop)

These Terms and Conditions (“Terms”) govern your access to and use of our website (“Website”) and our related mobile applications (“Apps”) as well as all information, recommendations, products and services provided on the Website or Apps (“Services”).

Please read these Terms carefully before using the Website, Apps or Services. By accessing the Website or using any parts of the Services, you agree to become bound by the Terms. If you do not agree to all the Terms, then you may not access the Website or use the Services.

Definitions

“Lullabrites® Moon Pets, Unicorn, Lamb, Panda” (referred to as “we”, “us” or “our” in this Terms & Conditions) refers to the owner of the Website and provider of the Services.
“You” refers to the user or viewer of our Website or user of our Services.
“Website” refers to the website you are currently on, lullabrites.shop, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
“Services” refers to the Services we provide through the Website and Apps, such as online purchase of products, delivery of products, and customer services related to product purchases and deliveries.
“Apps” refers to any of our mobile applications linked to or affiliated with the Website, which provide access to the Services.

Acceptance of Terms

These Terms apply to all users of the Website and Services, including without limitation users who are browsers, contributors, customers, merchants, vendors, and/or affiliates.

Please read these Terms carefully before accessing or using our Website or Services. By accessing or using any part of the Website or Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any of the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or Services, use of the Website or Services, or access to the Website or Services or any contact on the Website through which the Services are provided, without express written permission by us.

Products or Services

Certain products or services may be available exclusively online through the Website or Apps. These products or services may have limited quantities or fulfillment requirements.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website or Apps is void where prohibited.

Accuracy of Information

Occasionally there may be information on the Website or Apps or in the Services that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website or Apps or Services including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or Apps should be taken to indicate that all information will be in real-time or error free.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website and use of the Services, to understand our practices: (insert privacy policy link here)

User Accounts

When you create an account with us, you guarantee that the information provided is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether or not authorized by you. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property

The Website, Apps and Services and all of their contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Lullabrites® Moon Pets, Unicorn, Lamb, Panda, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or Apps, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website or Apps for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Apps and Services in breach of the Terms, your right to use the Website and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, Apps or Services or any content on the Website or Apps is transferred to you, and all rights not expressly granted are reserved by Lullabrites® Moon Pets, Unicorn, Lamb, Panda. Any use of the Website or Apps not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Lullabrites® Moon Pets, Unicorn, Lamb, Panda name, the terms Lullabrites® Moon Pets, Unicorn, Lamb, Panda logo and all related names, logos, product and service names, designs and slogans are trademarks of Lullabrites® Moon Pets, Unicorn, Lamb, Panda or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Website and Apps are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm us or users of the Website or Services or expose them to liability.

Additionally, you agree not to:

Use the Website or Services in any manner that could disable, overburden, damage, or impair the Website, Apps or Services or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services.
Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website or Services.
Use any manual process to monitor or copy any of the material on the Website or Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or Services.
Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website or Services are stored, or any server, computer or database connected to the Website or Services.
Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Company rating.
Otherwise attempt to interfere with the proper working of the Website or Services.

User Contributions

The Website and Apps may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blog articles, customer reviews sections and other interactive features, such as “likes” or “followers” (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) content or materials (“User Contributions”) on or through the Website or Apps.

All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution through the Website or Apps, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions comply with these Terms and will not violate any rights of or cause injury to any person or entity.

We take no responsibility and assume no liability for any User Contributions posted by you or any third party. However, we reserve the right to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or; other intellectual property right of another; (d) offensive or otherwise unacceptable to us in our sole discretion.

User Content License

You retain any and all of your rights to any User Contributions you submit, post or display on or through the Website or Apps and you are responsible for protecting those rights. We take no responsibility and assume no liability for any User Contributions you or any third party posts on or through the Website or Apps. However, by submitting, posting or displaying the content you give us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual, irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license(s) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Contributions for any purpose/as enabled by you according to your account settings on the Website or Apps. This license is for the sole purpose of enabling us to display, distribute and promote the Website or Apps and Services.

You agree that this license includes a right for us to make such User Contributions available to other companies, organizations or individuals who partner with Lullabrites® Moon Pets, Unicorn, Lamb, Panda for the syndication, broadcast, distribution or publication of such User Contributions on other media and services, subject to our terms and conditions for such content licensing.

You understand that all information publicly posted or privately transmitted through the Website or Apps is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Website or Apps. Additionally, we cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Website or Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will we be liable in any way for any User Contributions, including, but not limited to, any errors or omissions in any User Contribution, or any loss or damage of any kind incurred as a result of the use of any User Contributions posted, transmitted or otherwise made available via the Website or Services.

Changes to the Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Website or Apps so you are aware of any changes.

We may notify you about changes to the Terms by email or through the Website or Apps. However, you should periodically check this page to make sure you are familiar with the most current version of the Terms. If you do not agree to any revisions, you must stop using the Website, Apps and Services and your sole remedy is to cancel your Services account.

Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please email us at (insert copyright email here) for instructions on sending us a notice of copyright infringement. It is the policy of Lullabrites® Moon Pets, Unicorn, Lamb, Panda to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website and Apps is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Website or Apps, or by anyone who may be informed of any of its contents.

The Website and Apps include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website or Services

We may update the content on the Website or Apps from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Website or Apps may be out of date at any given time, and we are under no obligation to update such material.

We may change or discontinue any aspect or feature of the Website, Apps or Services at any time, including the availability of any Services feature, database or content. We may also impose limits on certain features of the Website, Apps or Services or restrict your access to parts or all of the Website, Apps or Services without notice or liability to you or any third party.

Information About You and Your Visits to the Website and Use of the Services

All information we collect on the Website or through the Services is subject to our Privacy Policy: (insert privacy policy link here). By using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to The Website or Apps and Accounts

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

The Website or Apps may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Website or Apps.
Send emails or other communications with certain content, or links to certain content, on the Website or Apps.
Cause limited portions of content on the Website or Apps to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website, Apps or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
Link to any part of the Website or Apps other than the homepage.
Otherwise take any action with respect to the materials on the Website or Apps that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

Links from The Website or Apps

If the Website or Apps contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.

We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or Apps, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website and Apps for use only by persons located in the United States. We make no claims that the Website, Apps or any of their content is accessible or appropriate outside of the United States. Access to the Website or Apps may not be legal by certain persons or in certain countries. If you access the Website or Apps from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Apps will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APPS OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, APPS, SERVICES AND ANY INFORMATION IS AT YOUR OWN RISK. THE WEBSITE, APPS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LULLABRITES® MOON PETS, UNICORN, LAMB, PANDA NOR ANY PERSON ASSOCIATED WITH LULLABRITES® MOON PETS, UNICORN, LAMB, PANDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR APPS. WITHOUT LIMITING THE FOREGOING, NEITHER LULLABRITES® MOON PETS, UNICORN, LAMB, PANDA NOR ANYONE ASSOCIATED WITH LULLABRITES® MOON PETS, UNICORN, LAMB, PANDA REPRESENTS OR WARRANTS THAT THE WEBSITE, APPS, SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITE, APPS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

WE DISCLAIM ALL LIABILITY AND DAMAGES ARISING FROM OR RELATED TO USE OF THE WEBSITE, APPS OR SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT LULLABRITES® MOON PETS, UNICORN, LAMB, PANDA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU HEREBY WAIVE AND RELEASE ANY CLAIMS WITH RESPECT THERETO.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL LULLABRITES® MOON PETS, UNICORN, LAMB, PANDA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APPS, SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE, APPS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APPS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Lullabrites® Moon Pets, Unicorn, Lamb, Panda, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, Apps or Services, including, but not limited to, your User Contributions, any use of the Website’s or App’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website or Apps.

Governing Law and Jurisdiction

All matters relating to the Website, Apps and Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website or Apps shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE OR APPS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Lullabrites® Moon Pets, Unicorn, Lamb, Panda of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lullabrites® Moon Pets, Unicorn, Lamb, Panda to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Lullabrites® Moon Pets, Unicorn, Lamb, Panda regarding the Website, Apps and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website, Apps and Services.

Your Comments and Concerns

This website is operated by Lullabrites® Moon Pets, Unicorn, Lamb, Panda, located at 123 Main Street, Anytown, CA 12345.

All other feedback, comments, requests for technical support and other communications relating to the Website or Apps should be directed to: [email protected].

Thank you for visiting the Website and using the Services.