Welcome to the Luna Bazaar™ website at www.lunabazaar.com (the "Site"), which is owned and operated by Cultural Intrigue, Limited d/b/a Luna Bazaar ("Luna Bazaar”). Cultural Intrigue is a registered trade mark of Cultural Intrigue, Limited. Luna Bazaar is a registered trade mark of Cultural Intrigue, Limited.
Please review the following terms and conditions, which govern your use of the Site ("Agreement"). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site.
Important Wholesale Policies
Resellers of Cultural Intrigue® and Luna Bazaar™ brand merchandise cannot sell our products through online mega-retailers such as eBay, Amazon (Merchant-Fulfilled and Amazon-Fulfilled), Sears and the like. This policy is in effort to help us protect the integrity of our brand, identify counterfeit products being sold through these mega-retail websites and marketplaces, and to ensure that our products come with a consistently high level of customer service. Thank you for your cooperation.
MSRP and MAPP Policies
Our MAPP policy requests that our customers honor the MSRP submitted at the time of registration and not advertise any current Luna Bazaar item lower than keystone (two times regular wholesale price). We recognize that retailers may set prices in their best interests above keystone. Please see our MAPP Policy for more detail.
Policy on Use of Images and Product Specifications
Our policy regarding images and product descriptions has changed. We are happy to supply low resolution images and product specifications to our wholesale customers for your use. Please note that you are authorized to use these images and product specifications solely in connection with the promotion of Luna Bazaar products.
In exchange for a limited license to use these copyrighted images and specifications, you further agree to:
- Always reference our brand name, "Luna Bazaar," within each relevant product page.
- Not remove or alter the copyright notice that is included in the image and/or image file.
If you agree to these terms, and would like to access the images, please Contact Customer Service to get a password, which will give you access to our image library.
Endorsements & Social Media Engagement Policy
Luna Bazaar reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not fully agree to this Policy, then do not submit any Posts or Endorsements.
Except where prohibited by law, if you voluntarily engage with Luna Bazaar by emailing, posting, uploading or otherwise submitting photographs, graphics, videos, messages, comments or other material (collectively referred to herein as "Post(s)") on any Luna Bazaar page, profile, or feed (collectively referred to herein as "Page") of any social media platform ("Platform") (e.g. Facebook, Twitter, Instagram, Pinterest, SnapChat, YouTube) or making any personal statement through a Post or otherwise in any media/medium which endorses Luna Bazaar products or services ("Endorsement"), you grant your full and unconditional agreement (or your parent or legal guardians' full or unconditional agreement if you are under the age of majority in your jurisdiction) to this Policy. If you do not comply with this Policy at any time, Luna Bazaar reserves the right to restrict your use of or access as to Luna Bazaar's Pages at its sole discretion without prior notice, in addition to any available remedies allowed by law or contract. For the purpose of this Policy, anyone who engages in any manner with any Luna Bazaar Page is a "User".
If you tag your Post with one of our branded hashtag or tag our business page/account, you agree to the following:
You consent and grant to Luna Bazaar the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across Luna Bazaar's digital properties (e.g., on Luna Bazaar's branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve Luna Bazaar's use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Luna Bazaar's use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate any other applicable laws or regulations, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the Luna Bazaar's direct control and does not necessarily reflect the views of Luna Bazaar. While Luna Bazaar may curate Posts, Luna Bazaar is not responsible for their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that Luna Bazaar shall not be liable for any loss or damage of any kind suffered by you in connection with Posts made available on Luna Bazaar's websites or social media pages. Posts may be removed by Luna Bazaar at any time and for any reason.
You agree not to take any legal action against, and hereby irrevocably release and discharge, Luna Bazaar, and its directors, officers, employees, agents, affiliates, franchisees, licensees, or any other person or entity acting on its behalf, from all claims in connection with the use or viewing of Posts as contemplated herein including but not limited to any claims based on trademark, copyright, right of publicity, defamation or invasion of privacy.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Luna Bazaar and its directors, officers, employees, agents, affiliates, franchisees, and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of this Policy; (ii) your violation of any third party right, including without limitation any trademark, copyright, property, or privacy right; or (iii) any claim that your Post caused damage to a third party.
The rights to Luna Bazaar's information may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than Luna Bazaar. Additionally, certain content displayed and contained within Luna Bazaar Pages is the original authorship of Luna Bazaar and is owned exclusively by Luna Bazaar. By being a User of or Posting on any of Luna Bazaar's Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by Luna Bazaar or a third party, other than as provided herein.
You may request removal of any of your User-Generated Content by sending a removal request email to [insert email]. Your email must include a link to the URL of the page on which your User-Generated Content is posted or a description of the page on which it is posted.
Luna Bazaar is committed to complying with all applicable laws and regulations requiring clear and accurate advertising messages, Endorsements and testimonials when communicating with the public, including the disclosure of all material connections between a Luna Bazaar marketing promotion using any Page and a User's participation in that promotion. This Policy is intended to provide guidelines essential to ensuring compliance with those laws and regulations. Therefore, this Policy applies to all Luna Bazaar employees, independent contractors, agents (including anyone speaking, writing, blogging, posting on any Platform, or otherwise generally endorsing Luna Bazaar products or services), and any other individual or entity engaged in promotional endorsement activities on behalf of Luna Bazaar, whether they are engaged by Luna Bazaar directly or through an agency, representative of an agency, subsidiary or franchise (collectively referred to herein as "Endorsers"). This Policy applies irrespective of the forum in which the Endorsement or testimonial is being made, written or verbal, including, but not limited to, television commercials, print advertisements, websites, blogs, mobile applications, Platforms in general or any other form of media which may be used to advertise.
Endorsers are responsible for their opinions, comments and content made in Posts and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of Luna Bazaar or any third party; therefore Endorsers should be mindful of this potential liability when disseminating opinions, comments and content through Posts. In addition, Endorsers should at all times be aware that Posts may remain public or may be archived so that such Posts may be stored and retrievable, indefinitely.
With respect to statements or other claims made in advertising messages or promotional communications about Luna Bazaar and/or its products or services, Endorsers must adhere to the following general standards and disclosure requirements:
- General Standards
- Endorsers may only make statements that reflect their honest opinions, finding, beliefs or experiences. Endorsers may not make statements about experiences with a product not personally used, examined or evaluated.
- Endorsements by organizations must reflect the collective judgment of the organization.
- Endorsers may not make deceptive, misleading or untruthful claims about Luna Bazaar's products or services.
- Endorsers may not make any claims about Luna Bazaar's products or services that are not substantiated.
- Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property or privacy and publicity rights of others.
- Endorsers may not use any intellectual property of Luna Bazaar in their Endorsement without the prior written consent of Luna Bazaar in each instance, and such use must be in accordance with the specific guidelines provided by Luna Bazaar.
- Endorsers may not make any comments or Posts that in any way promotes unsafe or dangerous activities.
- Endorsers may not make any comments or Posts that violate applicable local, state or federal laws or regulations.
- Endorsers may have access to or directly or indirectly be exposed to information of a proprietary and confidential nature about Luna Bazaar (including without limitation its business operations and activities, strategic plans and financial information). Endorsers shall keep confidential and not disclose any such information.
- Disclosure Requirements
- Endorsers must clearly and conspicuously disclose any "material connections" to Luna Bazaar in all advertising, promotional and Endorsement related communications concerning Luna Bazaar and/or its products or services.
- A "material connection" is one that is not reasonably expected by the audience or not readily apparent from the context of the communication that may affect the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser.
- Such connections may be found in the form of:
- Receiving consideration (i.e. monetary compensation, including fees or commissions; gift cards; event access; prizes; free or discounted products or services) provided by Luna Bazaar (or any of its agents acting on its behalf) to the Endorser;
- A relationship between Luna Bazaar and the Endorser (such as employment or contractual relationships); or
- Potential consideration gained through a promotion, contest, or sweepstakes for which participation is conditioned upon an Endorsement.
- Some examples of adequate material connection disclosures may be as follows:
- I received [product] from Luna Bazaar as a gift;
- [Thanks to][Courtesy of] Luna Bazaar, I was given [product];
- Luna Bazaar sent me [product] to try;
- This post is a paid advertisement for Luna Bazaar;
- I am an employee of Luna Bazaar; or
- Tagging an Endorsement on any Platform with a hashtag that discloses the material connection of the Endorsement to Luna Bazaar or a specific promotion or contest; possible acceptable examples may include #Ad, #LunaBazaarSponsored, #LunaBazaarContest, etc.
- The above are only examples of disclosures which may be adequate. Variations of those examples may also be adequate depending on the context. The key is to disclose that there is a relationship between Luna Bazaar and the Endorser which a reasonable consumer reading the Endorsement may not have realized (e.g. an employment relationship, a paid advertiser relationship, or related to a promotion or contest advertised by Luna Bazaar).
- Disclosures need to be made in a clear and conspicuous manner. This generally means the disclosure cannot be buried inside a hyperlink or at the very bottom of a long Post. Rather, disclosures generally should occur in close proximity to where the Endorsement was made and in a similar size, font and color.
- Endorsers who post their own opinions, comments, content or recommendations about Luna Bazaar, and/or its products or services, must disclose that their views do not necessarily represent those of Luna Bazaar.
Failure to comply with the following Guidelines will cause a Post to be rejected and pulled from Luna Bazaar's Pages and may result in immediate disqualification from being a User of Luna Bazaar's Pages:
- Personal Attacks: Disrespecting, insulting or personally attacking other Users or Posts will not be permitted. Behavior and comments that may result in others feeling threatened or specifically targeted or abused will not be permitted.
- Discrimination: Discrimination or prejudice based upon race, color, religion, creed, sex, sexual orientation, national origin, age, disability, veteran status, and any other status protected by law, will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed.
- Pornographic Material: Pornographic material and/or references to it are not permitted in Posts and Posts containing such will be removed.
- Violence: Any Post or statement inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed.
- Hatred: Constructive debate is permitted, but hatred towards any User or specific categories of Users will not be tolerated.
- Libelous Statements: Libel of any kind is not permitted. Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and/or interests.
- SPAM: Any Post or statement that disrupts the normal flow of chat is not permitted. Examples: garbled or nonsense sentences, duplication of words and numbers. Users may not use the community in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Also, Posting under multiple nicknames is not allowed.
- Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects, in Luna Bazaar's sole discretion, will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs or anything deemed to distress Users or the parents or guardians of Users or anything deemed to be socially unacceptable.
- Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including drugs, prostitution, fraud, stalking, extortion and terrorism.
- Unauthorized Content: The content you submit to Luna Bazaar Pages will not contain any trademarked or copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the owner of such material or you are otherwise licensed to Post the material and to grant Luna Bazaar all relevant licenses and permissions to use the material as contemplated herein.
Associates who violate any portion of this Policy will be disciplined, up to and including termination.
Links to Third Party Sites
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (collectively, "Content"), is the sole and exclusive property of Luna Bazaar or its content suppliers and is protected against unauthorized use by United States and international copyright laws.
Luna Bazaar trademarks, service names, graphics, logos, images, content, page headers, button icons, and scripts, including CULTURAL INTRIGUE and LUNA BAZAAR, are trade names, trademarks, services marks, or trade dress of Luna Bazaar in the United States and/or other countries. Luna Bazaar's trade names, trademarks, service marks and trade dress may not be used in connection with any product or service that is not Luna Bazaar's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Luna Bazaar. All other marks not owned by Luna Bazaar that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Luna Bazaar.
Restrictions on Use of Content
You may access the Site and the Content available on this Site solely for the purpose of browsing for and purchasing products, in accordance with the applicable terms of this Agreement. Except as permitted above and as may be specifically agreed in writing by Luna Bazaar, no Content from this site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way. All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.
Limited License and Site Access
Luna Bazaar grants you a limited license to access and make use of this Site for the purpose of browsing for and purchasing products, and not to download or modify it, or any portion of it, except with the express written consent of Luna Bazaar. This limited license does not include any resale or commercial use of this Site or its contents; any collection and use of any listings, descriptions, or reviews; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering or extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Luna Bazaar. Any unauthorized use terminates the permission or license granted by Luna Bazaar. You may not use any Luna Bazaar logo or other proprietary graphic, trademark or service mark as part of the link without express written permission.
Disclaimer of Warranties and Limitations on Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LUNA BAZAAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LUNA BAZAAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUNA BAZAAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUNA BAZAAR DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR EMAIL SENT FROM LUNA BAZAAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUNA BAZAAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDE ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Applicable Law and Disputes
This Agreement is governed by the laws of the State of Vermont, USA, without regard to principles of conflict of laws. Any dispute relating to your use of services provided by Luna Bazaar, or to this Agreement, shall be adjudicated in any state or federal court in Vermont, and you consent to exclusive jurisdiction and venue in such courts.
You agree to indemnify and hold Luna Bazaar, and its parents, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any fines, loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and/or from any breach of this Agreement.
This Agreement constitutes the entire agreement of the parties with respect to your use of the Site. The terms in this Agreement may be modified by Luna Bazaar at any time, and by you only with the prior written consent of Luna Bazaar in each instance. Any claim with respect to your use of this Site must be brought within one (1) year of the date that the claim arises. If any provision of this Agreement is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by Luna Bazaar of any rights under this Agreement constitutes a waiver of any other right, or right to enforce any subsequent breach of this Agreement. In the event Luna Bazaar is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Luna Bazaar's reasonable costs, including attorneys' fees and costs of suit.