lunaXs Leagl info

Terms and Conditions

1. Definitions. " lunaXs site" is the interactive on-line service operated by lunaXs , a project of int32,LLC, on the Internet, consisting of information services and content provided by lunaXs and other third parties, including, but not limited to, third party Web pages accessible literature archives hosted at the lunaXs . "User" means each person who establishes or accesses a connection ("Account") for access to and use of the lunaXs .

2. General. (A) This Agreement, which incorporates by reference other provisions applicable to use of the lunaXs site, including, but not limited to, any supplemental terms and conditions set forth below ("Supplemental Terms") governing the use of certain specific material contained in the lunaXs site, sets forth the terms and conditions that apply to use of the lunaXs site by User. By using the lunaXs site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the lunaXs site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
(B) lunaXs shall have the right at any time to change or discontinue any aspect or feature of the lunaXs site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Adult Material. The lunaXs site contains and/or links to sites that contain visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transsexual sexual situations. Persons under twenty-one years of age and persons who may be offended by such depictions may not directly or indirectly download, acquire, view, read, listen to, or possess any photograph, video file, sound file, textual material, advertisement, or other communication, message or other content at, in, or through the lunaXs site, nor place any order for any goods or services at, in, or through connection to or from, the lunaXs site. If User is under the age of twenty-one years or is offended by such materials, User is not authorized to download any materials from the lunaXs site and any and all such downloading shall constitute intentional infringement of the copyright owner's rights in such materials. All materials, messages, and other communications contained at lunaXs are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. All materials, messages, and other communications available at the lunaXs site are for the private use and enjoyment of lunaXs 's authorized visitors only; any resale or other use of any kind is strictly forbidden except where explicitly permitted. User agrees that the files obtained from the lunaXs site are for User's own personal use and that you will not redistribute them or otherwise make them available to any person under the age of twenty-one years.

4. Changed Terms. lunaXs shall have the right at any time to change or modify the terms and conditions applicable to User's use of the lunaXs site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the lunaXs site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the lunaXs site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

5. Copyright. Except when explicitly authorized by the copyright owner, all communications and content of all kinds available at lunaXs may not be copied or otherwise reproduced in any form. lunaXs reserves the right to refuse access to any communication, service, or content at lunaXs at any time to anyone without notice. Any and all unauthorized downloading of materials from lunaXs shall constitute intentional infringement of the copyright owner's rights in such materials.
Except where otherwise explicitly noted by copyright owner, any material "uploaded" or otherwise sent or contributed to the lunaXs site remains the sole property of copyright owner. lunaXs makes no claims of copyright ownership to any material "uploaded", posted, contributed, or otherwise available at or sent to lunaXs site by User.
lunaXs respects the rights of all copyright holders and in this regard, lunaXs has adopted and implemented a policy that provides for the termination in appropriate circumstances of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide lunaXs 's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. � 512:
See DMCA Above

6. Equipment. User shall be responsible for obtaining and maintaining all equipment needed for access to and use of lunaXs site and all charges related thereto.

7. Limitations of Use. Users are responsible for reviewing this page from time to time to ensure compliance with any additions or other modifications. If lunaXs makes a request to User to stop using lunaXs services and/or to promptly return or destroy any copies of the information provided on or obtained from lunaXs site, User will comply immediately with this request and will confirm in writing to lunaXs within ten (10) days that User has done so. User agrees that User's access to any service or site hosted or otherwise provided by, on, or at lunaXs site may be temporarily or permanently removed at any time for any reason, and such decisions are to be made solely at the discretion of the operator of the lunaXs site and such decisions are final.

8. Applicable Laws. The lunaXs site originates from and is maintained in the United States of America, and lunaXs makes no representations regarding the legality of access to or use of the site or the materials from other countries. Any export or use of the materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described in Section 9 ("Export Control") of these Terms and Conditions. Access in countries where the materials are illegal is prohibited. Users who access lunaXs site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.

9. Export Control. Export of any information from the lunaXs site (including Confidential Information obtained through any lunaXs Web site password protected areas) outside of the United States is subject to all U.S. export control laws. User will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. User and its organization will not sell, license, or otherwise provide or ship lunaXs products or technical data (or the direct product thereof) for export or re-export to the embargoed

10. Confidentiality Those areas of the lunaXs site which are accessed by using a password or other security device may contain proprietary and confidential information on lunaXs and its suppliers, including software, program listings, data file printouts, and other technical and marketing information (" lunaXs Confidential Information"). By accessing lunaXs Confidential Information, User agrees to keep this information confidential and to use the information solely for the purposes specified when User was granted access to the lunaXs Confidential Information. User also agrees to be careful with this lunaXs Confidential Information and to only disclose it within its company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. User will not alter, decompile, disassemble, reverse engineer, or modify any lunaXs Confidential Information that User receives. lunaXs discourages User from sending it any information that User considers to be confidential or proprietary through lunaXs site. Please note that if User does send lunaXs any such information or material, lunaXs will assume it is not confidential. User agrees that lunaXs is free to use any ideas, concepts, know-how or techniques that User sends lunaXs for any purpose.

11. User Conduct. A) User shall use lunaXs site for lawful purposes only. User shall not post or transmit through lunaXs site any material which violates or infringes in any way upon the rights of others as established by law, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, give rise to civil liability or otherwise violate any law, or which, without lunaXs 's express prior written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in lunaXs 's discretion restricts or inhibits any other User from using or enjoying lunaXs site will not be permitted. User shall not use lunaXs site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers and/or users of on-line commercial erotic services.
(B) lunaXs site contains copyrighted material, trademarks and/or other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the lunaXs site are copyrighted under the United States and international copyright laws. With regard to material created specifically by or for lunaXs site, including, but not limited to, the Web pages comprising the lunaXs Web site, the welcome banners and messages comprising in part the lunaXs FTP site, and the lunaXs ASCII text logo, lunaXs owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except where redistribution privileges are explicitly granted, User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of lunaXs or the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post or otherwise make available on lunaXs site any material protected by copyright, trademark or other proprietary right without the permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of lunaXs site, User automatically grants, or warrants that the owner of such material has expressly granted lunaXs the royalty-free, revocable, non-exclusive right and license to use, reproduce, publish, and distribute such material in whole worldwide on or at lunaXs site and/or to incorporate it in other lunaXs related projects in any technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use.

12. Disclaimers.
(A) USER EXPRESSLY AGREES THAT USE OF lunaXs SITE IS AT USER'S SOLE RISK. NEITHER lunaXs , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT lunaXs SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF lunaXs SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH lunaXs SITE.
(B) lunaXs SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT lunaXs IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL lunaXs , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING lunaXs SITE OR THE lunaXs SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE lunaXs SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON lunaXs SITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, lunaXs , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN lunaXs SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, lunaXs , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Although lunaXs has attempted to provide accurate information on this Web site as a service to its users, lunaXs assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. lunaXs may change the programs or products mentioned at any time without notice. Mention of non- lunaXs products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country. Any claims relating to the materials or the Web site will be governed by Delaware law.

13. Miscellaneous. This Agreement and any operating rules for lunaXs established by lunaXs constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14. Third Party Content. lunaXs is a distributor (and not a publisher) of content supplied by third parties and account holders. Accordingly, lunaXs has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, account holders or any other user of lunaXs , are those of the respective author(s) or distributor(s) and not of lunaXs . Neither lunaXs nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 12 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through lunaXs represents the opinions and judgments of the respective information provider, account holder, or other user not under contract with lunaXs . lunaXs neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on lunaXs by anyone other than authorized lunaXs employee spokespersons while acting in their official capacities. Under no circumstances will lunaXs be liable for any loss or damage caused by the reliance on information obtained through lunaXs by anyone using any site or services provided by lunaXs . It is the responsibility of users of any and all lunaXs web sites or other services to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through lunaXs . Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

15. Monitoring. lunaXs shall have the right, but not the obligation, to monitor the content of lunaXs site, including any chat rooms or forums, to determine compliance with this Agreement and any operating rules established by lunaXs and to satisfy any law, regulation or authorized government request. lunaXs shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on lunaXs site. Without limiting the foregoing, lunaXs shall have the right to remove any material that lunaXs , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. Indemnification. User agrees to defend, indemnify and hold harmless lunaXs , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of lunaXs site by User or User's Account, if any.

17. Termination. Either lunaXs or User may terminate this Agreement at any time. Without limiting the foregoing, lunaXs shall have the right to immediately terminate User's Account in the event of any conduct by User which lunaXs , in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 11(B), 11(C), 12, 16, 18 and this Section 17 shall survive termination of this Agreement.

18. Trademarks. lunaXs is trademarks of int32, LLC. All rights reserved. All other trademarks appearing on lunaXs are the property of their respective owners.

19. Restricted Rights. All materials and software downloaded from lunaXs site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. Use of the materials by the government constitutes acknowledgement of lunaXs 's proprietary rights in such materials.

20. Privacy. Privacy. We recognize that when you choose to provide lunaXs with information about yourself, you trust lunaXs to act in a responsible manner. That's why lunaXs has put in place a Privacy Policy to protect your personal information. You should review this document before providing any personal data on the lunaXs site. Please read lunaXs 's Privacy Policy.