
LUNE EXPLORERS EDITION
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) contain the terms and conditions that apply to all purchases of Explorers Edition products (“Products”) offered by Lune Acoustics, Inc. (“Lune”). By purchasing or using Lune’s Products, You agree to be bound by these terms and conditions.
Definitions:
“Lune Acoustics” or “Lune” refers to Lune Acoustics, Inc.
“Lune Explorer Edition” refers to the Lune Explorer Unit which is a bespoke version of Lune’s product designed explicitly for early adopters and contains high-performance audio processing with architecture designed for guitars, along with software and hardware for the same. The Lune Explorer Edition is included in the definition “Products.”
“Lune Companion App,” refers to the application accompanying the Lune Explorer Edition which is available for both iOS and Android platforms. The app is tailored to seamlessly connect users to the Lune Explorer Edition, providing an enhanced user experience. Moreover, it facilitates content synchronization from Lune to the user's device, ensuring a cohesive audio experience. The Lune Companion App is included in the definition “Products.”
Distribution Limitations: The Lune Explorer Edition is not crafted for, nor should it be subjected to, general retail distribution or sale. Possession or acquisition of the Lune Explorer Edition outside of Lune Acoustics' direct channels may void any associated warranties or guarantees.
Support & Feedback: Given its early adopter nature, users of the Lune Explorer Edition will receive dedicated support primarily through the Lune Companion App. Within the app, users can access support features and are encouraged to provide feedback to aid in the enhancement of subsequent releases.
Software & Updates: The Lune Explorer Edition and Companion App may feature software iterations or versions that are in beta or developmental stages. Consequently, regular updates and patches may be more frequent compared to the future versions.
Intended Use: While the Lune Explorer Edition and Companion App maintain high standards of quality, early adopters are reminded that this edition is a representation of an evolving product. As such, it might exhibit characteristics distinct from the future versions.
Acknowledgment: By procuring the Lune Explorer Edition and Companion App, users acknowledge the unique nature of these product versions and agree to the associated terms, conditions, and potential variations from the future versions.
Sale and Grant of License: By purchasing and using Lune Products, Lune grants to You a limited non-exclusive license to use the Products in accordance with the terms and conditions contained herein. The limited non-exclusive license prohibits You or others from copying, decompiling, reverse engineering, disassembling, modifying, or creating derivative works of the Products or any part(s) thereof (except as may otherwise be prohibited by law). Further, You agree to use the Products in compliance with all applicable laws.
Infringements of Lune Acoustics' intellectual property rights may result in the initiation of legal proceedings. Should any legal action arise, all associated costs, including court fees, witness expenses, and expert witness fees, will be borne by You in the event Lune Acoustics prevails.
Future Updates: These Terms and Conditions, along with the Privacy Policy and other terms of use, including warranties and limitations of liability, covering the Products are subject to future modification by Lune, and by virtue of continued usage of the Products, You agree to any future modifications of the same. Updated versions of the Terms and Conditions, Privacy Policy, other terms of use, and/or warranties and limitations of liability will be made accessible on Lune's official website. Future modifications to these Terms and Conditions shall become effective and binding upon implementation by Lune.
Application Permissions and Usage: Upon initialization of Lune’s Products, Lune will seek permissions for WIFI access and camera functionality, connections to WIFI, camera permissions, and microphone permissions. Rejecting these permissions may impair the Products’ designed performance. Further, You agree that You will not uninstall the Lune applications, install other applications on Lune Products, root Lune applications, or format Lune applications, and in the event such actions are taken by You, Lune reserves the right to lock the Products from future use and terminate this Agreement.
10. Purpose of Permissions:
WIFI: WIFI access will be utilized to synchronize video content and ensure that Lune remains updated.
Camera: The camera is required to record videos and facilitate content creation.
Audio Input: The audio input from Your instrument will be recorded to enhance and personalize your user experience.
11. Prohibited Actions: You agree to not remove the tablet from the screen tray, remove the cable on the tablet, or remove or alter the back panel and/or internal components of Lune Products and further agree to not operate any Lune Products in contravention of the user manual.
12. Consequences of Prohibited Actions: Should you engage in any proscribed actions listed in these Terms, Lune’s Privacy Policy, other agreement between you and us, or engage in an action contrary to the user manual, Lune maintains the right to render the Products inoperable for future use and immediately terminate access or use of Lune’s Products without further notice.
13. Termination of License and Indemnification: In the event You breach any terms contained herein, Lune has the right to terminate access to any further Lune Products and to lock down your Products. Further, to the degree any of Your use of or modifications to the Products results in damages to third parties, You agree to indemnify, defend, and hold Lune harmless from any and all claims, demands, or causes of action arising out of or relating to Your use of or modification of the Products, including, Lune’s attorney fees and costs.
14. Governing Law, Choice of Venue, and Attorney Fees: This Agreement shall be governed and interpreted in accordance with the laws of the State of Delaware, and any and all causes of action or claims arising out of or relating to this Agreement shall be brought in Delaware. Further, You agree that this Agreement was negotiated and entered into in Delaware. In the event an action is brought arising out of or relating to this Agreement, You agree that if Lune is the prevailing party, then it shall be entitled to recover its reasonable attorney fees and costs.
15. Complete Agreement. The terms and conditions contained within these Terms are the sole agreement between the parties pertaining to the purchase, use, and support of Lune Products pertaining to the subject matters herein. There are no other representations or agreements except as contained herein, unless in writing and signed by You and Lune or other agreements such as Lune’s Privacy Policy and Warranties. These Terms may only be modified by written instrument signed and executed by You and Lune.
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