Terms of Use

Condiciones de Uso

 

Thank you for using Lucky-Oh Limited. By using our services, including the Lucky-Oh Limited website (herein referred to as “Service”), you are considered to have read and agreed to these Terms of Use. Your use of the Service constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the Service.
Terms and Conditions May Change

Lucky-Oh Limited reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Service following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Service.

 

Use of Service

The Service is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Lucky-Oh Limited’s goods and services and/or to otherwise transact business with or contact Lucky-Oh Limited, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, Lucky-Oh Limited expressly prohibits third parties from opting out of Lucky-Oh Limited’s services and/or contacts on behalf of a Lucky-Oh Limited customer or other person or entity, without both (a) Lucky-Oh Limited’s full knowledge as to the surrogate action being taken and (b) Lucky-Oh Limited’s express permission. This prohibition is intended to protect the privacy and freedom of Lucky-Oh Limited’s customers and the personal relationship Lucky-Oh Limited works to develop with its customers and others authorized to use its Service.

 

Third Party Links

We may provide links to third party sites that may be of interest to you. Functionality on the Service may permit interactions between the Service and a third party web site or feature. The Service may include a feature that enables you to share your the Service with a third party, which may be publicly posted on that third party’s service or application. We have no control over the availability of these third party sites, and have no responsibility for any content they provide. You are responsible for reading and understanding each third party site’s terms of use and privacy policy. If you do not agree to their terms, you are advised not to use the site. If you have any questions or concerns about the third party website, contact the respective site’s administrator.

 

Submissions

We welcome your comments regarding the Service. However, any comments, feedback, notes, messages, ideas, recipes, suggestions or other communications (collectively, “Comments”) sent to the Service shall be and remain the exclusive property of Lucky-Oh Limited. Your submission of any such Comments shall constitute an assignment to Lucky-Oh Limited of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  Lucky-Oh Limited will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Comments sent to the Service must adhere to our Terms of Use. You may not upload or use any fraudulent or illegal material, or use any material for any fraudulent or illegal purpose. You may NOT upload or use any of the following material using the Lucky-Oh Limited Service:

  1. Any content that is unlawful, indecent, defamatory, offensive, threatening, abusive, or otherwise inappropriate or harmful to children. You may not post any content that is pornographic or includes nudity or partial nudity.  You must not post any material that could give rise to any civil or criminal liability under any applicable law. Any material that is deemed unlawful or incriminating will be reported to the appropriate authorities.
  2. Any material that is offensive or promotes racism, sexism, homophobia, bigotry, or hatred against any group or individual.
  3. Any material that depicts or promotes violence of any kind, to an individual, a group, or animals.
  4. Any content that could infringe on the rights of others. Do not violate privacy rights, publicity rights, or copyrights without the approval and consent of the owner of these rights.
  5. Any material that contains viruses, worms, corrupt files, Trojan horses, or other kinds of corrupted codes.

Lucky-Oh Limited is unable to and will not review all submissions, and is not responsible for the content you post. However, the Lucky-Oh Limited Service does reserve to the right to refuse to post and delete any submission that, in our sole discretion, is believed to violate one or more of the terms listed in the above paragraphs (a) through (e), or is otherwise deemed unacceptable. You understand and consent that any submission may be published, copied, customized, or removed for the purposes of delivering the Service. You are liable for any action taken against Lucky-Oh Limited and will be responsible for all costs that may arise as a result of your actions.

Gift Messages

The Service gift message options available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in the Service gift messages include, but are not limited to, paragraphs (a) through (e) above, or as otherwise deemed unacceptable.

Lucky-Oh Limited reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Lucky-Oh Limited customers, or to any other person or entity.

 

Product Information

Most products displayed on this Service are available in select stores. In some cases, merchandise displayed for sale on this site may not be available at stores.

 

Product Pricing Information

The prices displayed on the Service may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store.  The prices displayed on this Service are quoted in U.S. Dollars and are valid and effective only in the United States. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Service at the time of your order.

 

Order Policy

Your receipt of an order or another form of order confirmation through Lucky-Oh Limited does not guarantee that Lucky-Oh Limited accepts your order. We reserve the right to accept or decline your order at any time, and for any reason. We also reserve the right to alter the supply of the quantity you ordered. We may also require additional verification or information before we accept your order.

 

Fee and Payment Terms

Payment must accompany each individual order; all prices are in US currency. We reserve the right to change products, services, and prices without prior notice from time to time.

You hereby agree to pay all charges and fees incurred in association with your orders. This includes, but is not limited to, taxes, value-added taxes and customs clearance, and duty imports. Payment terms, unless otherwise stated, will be via online credit card transactions. We have the right to refer to your credit card provider if necessary. The Lucky-Oh Parties will not be held responsible for any losses you may suffer resulting from unauthorized use of your credit card. You will receive an order confirmation by email once your order has been placed in our system.

If your payment fails to appear valid, your requested service(s) may not be processed. In the case where your payment appears invalid, we will hold the order for 7 days unless otherwise stated. In this case we may send a notice of payment validation to the customer’s email address. Lucky-Oh Limited may charge a handling fee and discard any unpaid property. Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.

In case of disputes, you must alert us by writing to Lucky-Oh Customer Support within 7 days after receiving your credit card statement, if you dispute any of our charges on that statement. If Lucky-Oh Limited does not receive payment from your credit card issuer, you are obliged to pay all amounts due upon demand by Lucky-Oh Limited.

 

Product Delivery

All items ordered will be delivered to the shipping address supplied by you for that specific order. Time for delivery is an estimate only and we do not guarantee that all items will arrive by the estimated time. We cannot cancel your order or give you compensation due to delayed deliveries. We, the Lucky-Oh Parties, have the right to refuse your order if we believe there has been any infringement to the Terms of Use.

 

Copyright Notice

All of the content you see on this Service, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Lucky-Oh Limited and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Lucky-Oh Limited, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Lucky-Oh Limited. The entire Content of the Service is copyrighted as a collective work under U.S. and other applicable copyright laws, and Lucky-Oh Limited owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Service, and the Service as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Lucky-Oh Limited. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Lucky-Oh Limited reserves complete title and full intellectual property rights in any Content you download from this Service. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Lucky-Oh Limited.

 

Trademark Notice

“Lucky-Oh” and ”Everywhere you go…Lucky-Oh!” are registered trademarks of Lucky-Oh Limited. All other Lucky-Oh Limited trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Service are the property of Lucky-Oh Limited.  You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Lucky-Oh Limited or any third party without permission from the owner.  All rights are reserved.  All other trademarks, product and company names, and logos appearing on the Service are the property of their respective owners.

 

Reporting Copyright and Other Intellectual Property Violations

  1. We respect other people’s intellectual property rights and expect users of the Service to do the same.
  2. As a user of the Service, you are responsible for making sure your activities do not result in copyright violations. We provide you with resources to assist you in the protection of your intellectual property rights. To learn more about how to report claims of intellectual property infringement, visit: http://www.copyright.gov/help/faq/faq-infringement.html
  3. While we aren’t obligated to review content for copyright infringement, if you are found to have repeatedly infringed other people’s intellectual property rights, your account will be disabled when appropriate.
  4. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Sites; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding Lucky-Oh should be sent to: Lucky-Oh Limited ATTN: Legal, 999 18th St., Suite 3000, Denver CO 80202.

 

Disclaimer

The Lucky-Oh Parties are not liable to you for any loss suffered in association with the use of The Service and any Content or linked websites associated with the Service. To the fullest extent permitted by applicable law, THE LUCKY-OH PARTIES DISCLAIM ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE.

IN NO EVENT SHALL THE LUCKY-OH PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF THE LUCKY-OH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT THE LUCKY-OH PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Lucky-Oh Parties will not be liable for any non-performance or delay in performance of the Service caused by force majeure, any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, fire, flood, earthquake, volcanic eruption, and force of nature.

THE SERVICE, INCLUDING BUT NOT LIMITED TO, LUCKY-OH CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. You acknowledge, by your use of this Service, that your use of this Service is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Service, and that Lucky-Oh Limited shall not be liable for any damages of any kind related to your use of this Service.  The Lucky-Oh Parties will not be responsible for fixing any faults, errors, or defects, customer generated or otherwise. The Lucky-Oh Parties do not guarantee that the Service will be uninterrupted or free of errors or viruses.

The Lucky-Oh Parties do not make any endorsements or representations of any kind as to the Service, Lucky-Oh Content, user Submissions, or security of information transmitted to the Lucky-Oh Parties or via the Service.

From time to time, there may be information on our Service or in our publications that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  Lucky-Oh Limited reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

 

Indemnification

As a user of the Service, you agree to defend, hold harmless and fully indemnify The Lucky-Oh Parties from and against all claims, damages, losses, expenses, and costs, including attorneys’ fees, arising from or related to your use of the Service, including without limitation, your use of the Service in violation of these Terms of Use, or any circumstances related to your negligence or wrongful conduct when using the Service.

 

Acceptance of Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. If you have a question regarding our Terms of Service, please contact us at support@Lucky-Oh.com.

 

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