Terms & Conditions
By using our website and our services, you agree to the following terms
This Agreement is subject to change by La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design from time to time, such modifications to be effective upon posting by La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design. on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
- You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
- You have read and understand this Terms of Service; and
- You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design, which may be revoked at any time, for any reason, in La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design’s sole discretion.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process after your 12-month contract, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your La Luna Creative L.L.C. and New Wave Design and New Wave Design and New Wave Design account.
- 4. Your Use of the Websites
- You may not browse or download illegal content.
- You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by La Luna Creative L.L.C. and New Wave Design.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
- You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
- You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
- You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
- You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in La Luna Creative L.L.C. and New Wave Design sole and reasonable discretion;
- any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in La Luna Creative L.L.C. and New Wave Design sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any La Luna Creative L.L.C. and New Wave Design employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
- You must not sell or transfer, or offer to sell or transfer, any La Luna Creative L.L.C. and New Wave Design account to any third party without the prior written approval of La Luna Creative L.L.C. and New Wave Design.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by La Luna Creative L.L.C. and New Wave Design or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of La Luna Creative L.L.C. and New Wave Design servers, system or network or attempt to breach La Luna Creative L.L.C. and New Wave Design data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking La Luna Creative L.L.C. and New Wave Design servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of La Luna Creative L.L.C. and New Wave Design under these Terms of Service, La Luna Creative L.L.C. and New Wave Design reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions and acknowledge and agree that La Luna Creative L.L.C. and New Wave Design has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
- Modifications to Service. La Luna Creative L.L.C. and New Wave Design reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that La Luna Creative L.L.C. and New Wave Design shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Services, La Luna Creative L.L.C. and New Wave Design reserves the right at any time in its sole discretion to block visitors from certain IP addresses from accessing the Websites.
- Proprietary Rights. La Luna Creative L.L.C. and New Wave Design retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of La Luna Creative L.L.C. and New Wave Design, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on La Luna Creative L.L.C. and New Wave Design is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of La Luna Creative L.L.C. and New Wave Design. Distribution of Content to others is strictly prohibited. You agree that La Luna Creative L.L.C. and New Wave Design. would be irreparably harmed by any violation or threatened violation of this section and that, therefore, La Luna Creative L.L.C. and New Wave Design shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on La Luna Creative L.L.C. and New Wave Design may be supplied by third parties. La Luna Creative L.L.C. and New Wave Design has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
- Restrictions on Use of Materials. You acknowledge that La Luna Creative L.L.C. and New Wave Design contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and La Luna Creative L.L.C. and New Wave Design owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- Copyright Policy. La Luna Creative L.L.C. and New Wave Design holds the copyright to all content appearing on this website relating to the services we provide. La Luna Creative L.L.C. and New Wave Design does it’s due diligence to make sure our website is free information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
4513 Canal RD
Marshville, NC 28103
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to La Luna Creative L.L.C. and New Wave Design at the address shown above, giving a written statement that contains:
- identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, and daytime telephone number, and an e-mail address if available;
- a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
- a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
- the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
La Luna Creative L.L.C. and New Wave Design will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Limitation of Liability. In no event shall La Luna Creative L.L.C. and New Wave Design be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from La Luna Creative L.L.C. and New Wave Design or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees and or contractors of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. La Luna Creative L.L.C. and New Wave Design makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL La Luna Creative L.L.C. and New Wave Design, ITS OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF La Luna Creative L.L.C. and New Wave Design HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL La Luna Creative L.L.C. and New Wave Design HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF La Luna Creative L.L.C. and New Wave Design and New Wave Design LLC. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of La Luna Creative L.L.C. and New Wave Design and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the user to La Luna Creative L.L.C. and New Wave Design during the six months prior to notice to La Luna Creative L.L.C. and New Wave Design of the dispute for which the remedy is sought.
- Indemnity by You. You agree to indemnify and hold La Luna Creative L.L.C. and New Wave Design, its subsidiaries, affiliates, officers, agents, contractors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
- your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
- Attorney Fees. In the event that La Luna Creative L.L.C. and New Wave Design is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for La Luna Creative L.L.C. and New Wave Design attorneys' fees and costs.
- Monthly Renewal Services Agreement. Your engagement with La Luna Creative L.L.C. and New Wave Design includes a onetime set up fee and a 12-month website subscription fee, you agree that La Luna Creative L.L.C. and New Wave Design automatically charged your payment method on file each month for 12 months, you further agree to keep your method of payment on file current.
All plans are a minimum of 12 months and there is no maximum amount of time you can uses our services after your 12 months are up. After 12 months you can use our services for as long as you wish, and you can also buyout your plan an anytime.
Buyout prices will vary depending upon on the plan you choose all buyout plans include a 500 fee.
While under any plan you will not be able to access your site or your hosting cpanel to make any changes. We take care of this for you within in the allocated time provided with each plan. Extra work outside of the allocated time will be charged at a discounted hourly rate of $60 per hour. If you need extra pages, we can accommodate you by moving you to the next plan. Please see your contract for more details as it applies to your contract
You may include enrollment in another monthly renewal services such as, SEO or digital marketing services these services are automatically charged each month like your website subscription services. To give a substantial discount on these services you are also required to sign a 12-month contract for these services as well. Failure to pay for these services will put you in default and you will be required to pay La Luna Creative L.L.C. New Wave Design $500 cancellation plus the remaining months due on your contract.
Please note there will fees associated with your cancellation, read your agreement for specifics.
- Payment. La Luna Creative L.L.C. and New Wave Design current method of payment includes credit card (processed by stripe), or ach payment. All projects remain the property of La Luna Creative L.L.C. and New Wave Design until paid in full.
- General Refund and Cancellation Policy. If you cancel your subscription service before your 12th month, there will be no refunds and you will be required to pay the remaining balance on your account plus a $500 Cancellation fee.
- Chargeback and Cancel Payment Policy. Client agrees to permanently and irreversibly waive any and all rights to cause a “chargeback” or “cancel payment” (that is, a disputed, reversed, or contested charge for a credit card or check payment), effective as soon as La Luna Creative L.L.C. and New Wave Design begins services. Client agrees that, if client institutes a “chargeback” or “cancel payment”, it establishes a substantial violation of this agreement and damages La Luna Creative, causing adverse effects to La Luna Creative L.L.C. and New Wave Design. Client expressly confesses, in the event of such a “chargeback” or “cancel payment” that such a “chargeback” or “cancel payment” constitutes fraud. Client agrees to pay for all damages and fees incurred by La Luna Creative L.L.C. and New Wave Design as well as any money owed for the remaining months on your contract plus a $500 fee.
- Project Abandonment Policy. If the client is unresponsive for two-week (14 day) period, La Luna Creative L.L.C. and New Wave Design reserves the right to pause the project. If a project is paused the client agrees that they will continue to be charged their monthly fee regardless of whether their site is complete or not.
- Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of North Carolina with the same force and effect as if such service had been made within the State of North Carolina. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
- Entire Agreement. This Agreement contains the entire agreement between you and La Luna Creative L.L.C. and New Wave Design regarding the use of the Websites and/or the Service.
- Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, La Luna Creative L.L.C. and New Wave Design failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect La Luna Creative L.L.C. and New Wave Design ability to enforce such term at any point in the future.
- Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
This page was last updated October 17th, 2018