Term of Service

TERMS OF SERVICE

Last Updated: 1 April 2025

OVERVIEW

This website is operated by Lune & Brush (“we,” “us,” “our”). We offer this website, including all information, tools, and services available from this site (collectively, the “Service”), to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink, such as our Privacy Policy and Return & Refund Policy, Shipping Policy, etc. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools added to the current store shall also be subject to these Terms.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store may be hosted on a third-party e-commerce platform (e.g., Shopify Inc.), which provides us with the online platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence (or at least 16 years old with the consent of your parent or guardian, as outlined in Section 10), and that you have given us your consent to allow any of your minor dependents to use this site under your supervision.

You may not use our products for any illegal or unauthorized purpose, nor, in the use of the Service, may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature.

We sell custom hand-painted pet tumblers through this site to individual consumers solely for their personal use. We do not appoint you or anyone acting on your behalf as a reseller, distributor, or other agent or representative of us; therefore, purchase of products for resale is strictly prohibited. If we believe you are involved in purchase for resale, we reserve the right to restrict sales to you, cancel your orders, and/or suspend or close your account, in addition to taking legal action.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

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

You understand that your content (excluding payment information) may be transferred unencrypted and involve:

1. Transmissions over various networks; and
2. Changes to conform and adapt to technical requirements of connecting networks or devices.

Payment information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.

The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material provided is for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. It is your responsibility to monitor changes to our website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Our products are custom hand-painted pet tumblers created based on the photos you provide. Due to the personalized nature of our products, returns or exchanges are handled according to our Return & Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. Additionally, because our tumblers are hand-painted, there may be slight variations from the reference photo due to artistic interpretation.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, especially regarding the artistic interpretation of your pet’s image, which is subjective.

SECTION 6 – USER SUBMISSIONS

Our site permits the uploading of content (pet photos) to create your custom tumbler (“User Submissions”). You are solely responsible for your User Submissions and their consequences.

By submitting User Submissions, you represent and warrant that:

1. You own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to your User Submissions, including the right to create a hand-painted tumbler based on the submitted photo.
2. You have all necessary consents and permissions from any individuals depicted in your User Submissions (e.g., if the photo includes a person), including consents from parents or guardians of minors, as required by applicable laws.
3. Your User Submissions do not:
   (a) infringe on any third-party intellectual property, privacy, or publicity rights;
   (b) depict violence, nudity, or illegal activities;
   (c) contain offensive, defamatory, or unlawful content; or
   (d) violate these Terms.

By submitting User Submissions, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with our Services (including creating your custom tumbler) and, with your consent, using the artwork in our marketing materials.

We reserve the right to monitor, edit, or remove any User Submissions at our sole discretion if we believe they violate these Terms or are otherwise inappropriate.

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you via the email and/or billing address/phone number you provided.

We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account details (including email address and payment information) so that we can complete your transactions and contact you as needed.

For more details on payments, refunds, or shipping, please review our Return & Refund Policy and Shipping Policy (if applicable).

SECTION 8 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have neither monitoring nor any control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or conditions of any kind and without any endorsement. We shall have no liability from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. In the future, we may also offer new services and/or features (including the release of new tools and resources). Such new features or services shall also be subject to these Terms.

SECTION 9 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to external websites that are not affiliated with us. We are not responsible for the content or accuracy of such external sites and will not have any liability for third-party materials, products, or services.

Any complaints, claims, or questions regarding third-party products should be directed to the relevant third party.

SECTION 10 – MINORS

To use our Service, you must be over the age of sixteen (16). If you are between 16 and 18 years of age, you must review these Terms of Service with your parent or guardian before using our Service to ensure that both of you understand and agree to them. Any purchase of products intended for a child under sixteen (16) years of age must be carried out by the child’s legal guardian within the guardian’s account, without providing us with any personal information about the child.

We reserve the right to request proof of age at any stage to verify compliance. If we learn that we have collected personal information from a child under sixteen (16) not in accordance with these Terms, we will block such user from accessing the Service and delete their information as quickly as possible. If you believe we might have such information, please contact us at support@luneandbrush.com.

SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit creative ideas, suggestions, proposals, or other materials (“Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use them in any medium. We are under no obligation to maintain any Comments in confidence, to pay compensation, or to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your personal information.

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our site or in the Service containing typographical errors, inaccuracies, or omissions (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct any errors, change or update information, or cancel orders if any information 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 in the Service or on any related website except as required by law.

SECTION 14 – PROHIBITED USES

You are prohibited from using the site or its content:

1. For any unlawful purpose;
2. To solicit others to perform unlawful acts;
3. To violate any local, international, federal, or state regulations or laws;
4. To infringe upon or violate our intellectual property rights or those of others;
5. To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;
6. To submit false or misleading information;
7. To upload or transmit viruses or malicious code;
8. To collect or track others’ personal information without permission;
9. To spam, phish, pharm, pretext, spider, crawl, or scrape;
10. For any obscene or immoral purpose;
11. To interfere with or circumvent the security features of the Service or related websites;
12. To submit User Submissions that violate Section 6.

We reserve the right to terminate your use of the Service for violating any of these prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. You agree that we may remove the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of the Service is at your sole risk. All products and services delivered to you through the Service are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

In no case shall Lune & Brush or our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service, including but not limited to loss of data, revenue, profits, or reputation.

Our liability, if any, shall in no event exceed the fees paid by you to us during the twelve (12) months immediately preceding the date on which the cause of action arose.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lune & Brush, its parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of:

1. Your breach of these Terms of Service;
2. Your violation of any law or the rights of a third party;
3. Your User Submissions;
4. Your use of, or inability to use, the Service.

SECTION 17 – SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed. Such determination shall not affect the validity or enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us.

If, in our sole judgment, you fail or we suspect you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 19 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

These Terms, together with any policies or operating rules posted by us on this site — including the Privacy Policy, Return & Refund Policy, and Shipping Policy — constitute the entire agreement between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

SECTION 20 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to any conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts in that location.

SECTION 21 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Lune & Brush
Email: support@luneandbrush.com

Thank you for reading our Terms of Service.