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Terms & Conditions of Sale


ATTENTION: These terms of use set forth the basis on which you are permitted to access and use this website, South Moon Under.com (the "Website"). Please read the terms of use carefully before using the Website. By accessing and using the Website in any way, including, without limitation, browsing the Website, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use the Website in any manner.

OWNERSHIP

All copyrights and other intellectual property rights in the Website, including without limitation all software and written and graphical content included in the Website, are owned by South Moon Sales, Inc. ("South Moon Under") and are hereby reserved.

USE OF WEBSITE AND DOCUMENTS

South Moon Under hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about, evaluating or acquiring South Moon Under services or products, provided (i) you mark such copy "© 2009 South Moon Under, Inc. All rights reserved."; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. South Moon Under has no obligation to monitor the Website or Communication Services. However, South Moon Under reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. South Moon Under reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. South Moon Under reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in South Moon Under's sole discretion.

TRADEMARKS/COPYRIGHTS

South Moon Under ®, South Moon Under eCommerce (SM), the South Moon Under logo, and any other marks used on the Website are trademarks of South Moon Under or their respective owners. Such marks may not be used without the prior written consent of South Moon Under. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners.

Copyright Notice. Copyright © 2004-2009 South Moon Under, Inc. All rights reserved.

Colors

We have done our best to display as accurately as possible the colors of the products shown on the SouthMoonUnder.com web site. However, because the colors you see will depend on your individual monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

Correction of errors and inaccuracies

The information of the SouthMoonUnder.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your SouthMoonUnder.com purchase you may return it with the original SouthMoonUnder.com packing receipt. Please see our Return Policy.

 

Typographical errors

In the event a SouthMoonUnder.com product is listed at an incorrect price due to typographical error or systems error, SouthMoonUnder.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SouthMoonUnder.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

Term / Termination

These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by SouthMoonUnder.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

UNSOLICITED SUBMISSION POLICY

South Moon Under does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being "Submissions"). The purpose for this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services and strategies of South Moon Under. Please do not send your unsolicited Submissions to South Moon Under or anyone at South Moon Under. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to South Moon Under, (i) you will be granting South Moon Under and its affiliates permission to use your Submission in connection with the operation of its businesses (the "License"), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License and (iii) any such Submissions will be considered non confidential and non proprietary communications. No compensation will be paid with respect to your Submission. South Moon Under will not be subject to any obligation of confidence with respect to your Submission.

NO UNLAWFUL OR PROHIBITED USE

You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any South Moon Under server or the network(s) connected to any South Moon Under server, or interfere with any other person's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any South Moon Under server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.

Information We Collect By Automated Means:

• Cookies

We may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our website. We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive.

Cookies help us to improve our website and to deliver a better and more customized service. They enable us:
• To estimate usage numbers and patterns
• To store information about your preferences, and to allow us to customize our website according to your individual interests.
• To speed up your searches.
• To recognize you when you return to our website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the website or unable to avail yourself of some of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our website. Additionally, if a browser is set to issue a “do not track” signal, we do not place tracking cookies on this browser.

• Pixel Tags

We also use "pixel tags" (sometimes called “Internet tags”, "web beacons" or "clear GIFS"), which are tiny graphic images, on our website. Pixel tags help us analyze our customers' online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information.

Pixel tags on our website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the website. This information may include your device’s IP address, your browser type, your operating system, date and time information, and other technical information about your device. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.

Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

We also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to our website, and your interaction with our advertising and other communications.

We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.

LINKS

Any links to third party websites are provided for your convenience only, and South Moon Under makes no recommendation or endorsement as to such websites or the products or services offered thereon.

You may link to the South Moon Under Website, unless notified otherwise in writing by South Moon Under. However, you may not frame the Website in a manner that may cause confusion to South Moon Under customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.

SPAM EMAIL AND POSTINGS

You agree that South Moon Under would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that South Moon Under is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). South Moon Under reserves the right to block, filter or delete unsolicited email.

U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS

You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

DISCLAIMER

THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY South Moon Under FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.

ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE THAT IS RELATED TO SUPPORT OF South Moon Under SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND South Moon Under, AND NOT TO THESE TERMS OF USE.

ANY MENTION IN THE WEBSITE OF NON South Moon Under PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.

LIMITATION ON LIABILITY

AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL South Moon Under OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; AND (ii) THE AGGREGATE LIABILITY OF South Moon Under OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) South Moon Under SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF South Moon Under HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdications do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

#SOUTHMOONUNDER

By tagging your photographs and videos (together, the "Photos") #southmoonunder on Twitter, Instagram, or Facebook you, the undersigned, hereby grants South Moon Under and their agents, affiliates and/or assignees, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the Photos, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in connection with the #southmoonunder feed. You also grant South Moon Under permission to use and authorize others to use your name or social media handle and any profile picture you provide in association with the Photos for identification, publicity related to the #southmoonunder feed, and for similar promotional purposes. You represent and warrant that: (i) you own the Photos you tag using the hashtag #southmoonunder or otherwise have the right to grant the rights and licenses set forth in these terms and conditions; (ii) the posting and use of your Photos on South Moon Under’s page or timeline on Twitter, Instagram, or Faceook and on the website located at southmoonunder.com , does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these terms and conditions. You hereby release South Moon Under and their agents, affiliates and/ or assignees from any and all claims for damages of any kind resulting from the use of the Photos.