Terms & Conditions

Welcome to the Lucky Bunny Arts website, www.luckybunnyarts.com ('Site'). Your continued use of the Site means You are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with You in relation to this website. If You disagree with any part of these terms and conditions, please do not use our website. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The term ‘Lucky Bunny Arts’ or ‘we’ or ‘us’ refers to the owners of the website. The term ‘You’ refers to the user or viewer of our website.

Content

The content of the Site is for Your general information and use only. It is protected by trademark, copyright and patent laws. It is also subject to change without notice. You may not attempt to gain unauthorized access to any portion of the Site. You may not use the Site or any content for any purpose that is not lawful or prohibit by these Terms. You agree to not do anything that would be considered unethical or illegal in regard to the Site.

Accounts, Passwords and Security

Certain features offered on the Site may require You to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify Us immediately of any unauthorized use of Your account or password, or any other breach of security. You may be held liable for losses incurred by Us or any other user of or visitor to the Site due to someone else using Your Site ID, password or account as a result of Your failing to keep Your account information secure and confidential.

You may not use anyone else’s Site ID, password or account at any time without the express permission and consent of the holder of that Site ID, password or account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.

Privacy

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

This website uses cookies to monitor browsing preferences. If You allow cookies to be used, We may store the following personal information for use by third parties: IP address, operating system and browser type.

Disclaimers

We do not promise that the Site or any content, service or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that Your use of the Site will provide specific results. The Site and its content are delivered on an "AS-IS" and "AS-Available" basis.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

From time to time, this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States.

Limitation of Liability

Except where prohibited by law, in no event will We be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if We have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, We are found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Site or any Content, Our liability shall in no event exceed the greater of (1) the total of any fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Us (but not including the purchase price for any products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.

Indemnity

You agree to indemnify and hold Us and Our affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Us by any third party due to or arising out of or in connection with Your use of the Site.

Violation of These Terms of Use

We may disclose any information We have about You (including Your identity) if We determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Our rights or property, or the rights or property of visitors to or users of the Site, including Our customers. We reserve the right at all times to disclose any information that We deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose Your information when We determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that We may preserve any transmittal or communication by You with Us through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or We determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect Our rights, property or personal safety.

You agree that We may, in Our sole discretion and without prior notice, terminate Your access to the Site and/or block Your future access to the Site if We determine that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the Site. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Lucky Bunny Arts, for which monetary damages would be inadequate, and You consent to Us obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies We may have at law or in equity.

f We do take any legal action against You as a result of Your violation of these Terms of Use, We will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Lucky Bunny Arts. You agree that Lucky Bunny Arts will not be liable to You or to any third party for termination of Your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to Your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigna without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Oakland County, Michigan, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute arising out of or in connection with Your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If We are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between You and Lucky Bunny Arts with regard to Your use of the Site, and any and all other written or oral agreements or understandings previously existing between You and Lucky Bunny Arts with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement You enter into with Lucky Bunny Arts, Lucky Bunny Arts will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Lucky Bunny Arts’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Lucky Bunny Arts of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Lucky Bunny Arts and You or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.