These Terms of Use were last updated on June 2, 2019.

Terms of Use

Thank you for visiting www.owlofmoon.com. We have prepared these Terms of Use (the “Terms”) to ensure that you understand your rights and obligations and that your experience on our web site, www.owlofmoon.com (the “Website”) is one you’ll want to repeat again and again. Owl Of Moon provides this Website as a service to our customers. Please review the following Terms, including an Arbitration Agreement (the “Agreement”), that govern your use of the Website. Please note that your use constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Website. Although you may “bookmark” a particular portion of the Website and thereby bypass these Terms, your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since Owl Of Moon may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Website. Should you have any questions concerning these Terms or any of our policies, please contact us by emailing us at customerservice@owlofmoon.com.

Legal Information & Use of the Website

The Website is owned and operated by Owl Of Moon, whose mailing address is 4335 Van Nuys Blvd, Ste 232, Sherman Oaks, CA 91403.

Unless otherwise noted, all content posted on the web site is Copyright © 2018-2019 Owl Of Moon.

If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.

All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Owl Of Moon and its affiliates.

Owl Of Moon is a registered trademark and service mark.

The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Owl Of Moon.

The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Owl Of Moon. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. Owl Of Moon grants a limited, non-exclusive, restricted, non-transferable, non-sublicensable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to Owl Of Moon.

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

User Comments, Feedback, Postcards & Other Submissions

Except for submission of Member Content as described below, all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Owl Of Moon on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Owl Of Moon property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Owl Of Moon of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Owl Of Moon will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Owl Of Moon is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Copyright Policy for the Website

You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Owl Of Moon to terminate the privileges of any user of the Website or member who infringes the copyright rights of others upon receipt of prompt notification to Owl Of Moon by the copyright owner or the copyright owner’s legal agent.

DMCA Notice & Take-down Procedure

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Copyright Agent for Owl Of Moon for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows: by email at dmcanotice@owlofmoon.com, and by mail at Owl Of Moon, Attn: Copyright Agent, 4335 Van Nuys Blvd, Ste 232, Sherman Oaks, CA 91403. PLEASE NOTE: YOUR EMAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE: “DMCA NOTICE OF INFRINGEMENT”. IF YOUR EMAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR EMAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.

Additional Rules Governing Content Posted by Users on the Website

Member Content

As stated above, Comments submitted to the Website shall be owned by Owl Of Moon. However, Owl Of Moon does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to the Website. After posting your Member Content to the Website, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through the Website, you hereby grant to Owl Of Moon an irrevocable, fully-paid and royalty-free, non-exclusive, sub-licensable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through the Website, apps, mobile website, emails and social channels.

The license you grant to Owl Of Moon is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to Owl Of Moon), fully-paid and royalty-free (meaning that Owl Of Moon is not required to pay you for the use of the Member Content that you post), sub-licensable (so that affiliates of Owl Of Moon and subcontractors such as internet content delivery networks (CDN) are able to provide the Website), and worldwide (because the internet and the Website are global in reach). The license does not grant to Owl Of Moon the right to sell your Member Content, nor does the license grant to Owl Of Moon the right to distribute your Member Content other than on the Website.

You represent and warrant that: (i) you own the Member Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through the Website.

Content posted by Owl Of Moon on the Website (“Owl Of Moon Content”) is protected by copyright, trademark, patent, trade secret and other laws, and Owl Of Moon owns and retains all rights in Owl Of Moon Content and on the Website. Owl Of Moon hereby grants to you a limited, revocable, non-sublicensable, royalty-free license to reproduce and display Owl Of Moon Content (excluding any software code) solely for your personal use in connection with viewing the Website.

The Website contains Member Content, Owl Of Moon Content and content licensed by Owl Of Moon from third parties (“Licensed Content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any Owl Of Moon Content or Licensed Content appearing on or through the Website. Owl Of Moon may edit and/or delete any Member Content posted on the Website that, in the sole judgment and discretion of Owl Of Moon, is undesirable, violates these Terms and/or the purposes of the Website and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. Owl Of Moon assumes no responsibility for monitoring the Website or for inappropriate Member Content or conduct. If at any time Owl Of Moon chooses, in its sole discretion, to monitor the Website, Owl Of Moon nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the user submitting any such Member Content.

You are solely responsible for the Member Content that you post on or through the Website, and any material or information that you transmit to users of the Website and for your interactions with other users. Owl Of Moon does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by Owl Of Moon prior to posting and does not necessarily reflect the opinions or policies of Owl Of Moon.

Content/Activity Prohibited.

The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through the Website. Owl Of Moon reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Owl Of Moon, violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Owl Of Moon: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; criticizes any business or individual; harasses or advocates harassment of another person or entity; exploits any person in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under the age of 13; promotes information that the member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from users of the Website; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent.

Certain activities as set forth below are prohibited on the Website. Owl Of Moon reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Owl Of Moon, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; attempting to impersonate another user of the Website, another member, or any other person; using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile, without permission from Owl Of Moon; using any information obtained from the Website in order to harass, abuse, or harm any person or entity; or displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through the Website on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.

Pricing Policy

At owlofmoon.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at owlofmoon.com will usually be priced the same as merchandise offered at any stores carrying Owl Of Moon merchandise, in some cases, the stores may have different prices or promotional events at different times.

Colors

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

Correction of Errors & Inaccuracies

We endeavor to present the most recent, most accurate and most reliable information on the Website at all times. However, the information 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). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your Owl Of Moon purchase you may return it with the original Owl Of Moon packing receipt. Please review our Return Policy for full return details.

Typographical Errors

In the event an Owl Of Moon product is listed at an incorrect price due to typographical error or systems error, Owl Of Moon shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Owl Of Moon 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

Terms are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms, or any of them, may be terminated by Owl Of Moon without notice at any time for any reason. Provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

Notice

Owl Of Moon may deliver notice to you by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in the Owl Of Moon account information database.

Enforcement of Terms

By accessing and using the Website, you agree that your access to and use of the Website is subject to these Terms, as governed and interpreted pursuant to the laws of the United States of America, including federal copyright and trademark laws, and with the laws of the state of California.

Use of the Web Site

Harassment in any manner or form on the Website, including via email and/or chat, and any use of obscene or abusive language is strictly forbidden. Impersonation of others, including an Owl Of Moon or other licensed employee, host, or representative as well as other users or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or organization.

Third-party Links

In an attempt to provide increased value to our visitors, Owl Of Moon may choose various third-party websites to link to from its own Website. However, even if the third party is affiliated with Owl Of Moon, Owl Of Moon has no control over these linked websites, all of which have separate privacy, security, and data collection practices, independent of Owl Of Moon. Owl Of Moon has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Owl Of Moon seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its Website, but for websites it links to as well (including if a specific link does not work).

Disputes between Users.

You are solely responsible for your interactions with other users of the Website. Owl Of Moon reserves the right, but has no obligation, to monitor disputes between you and other users of the Website.

Special Admonitions for International Use of the Web Site.

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Privacy & Security.

Use of the Website is also governed by our Privacy Policy, located on the Website and incorporated into these Terms by this reference.

Arbitration Agreement

The Owl Of Moon Arbitration Agreement can be accessed by clicking here.

Binding Nature

Your use of the Website constitutes your acceptance of these Terms and your continued use confirms that acceptance.

No Waiver

Any failure of Owl Of Moon to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Severability

If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable.

Entire Understanding

These Terms constitute the entire agreement between you and Owl Of Moon regarding the use of the Website.