Terms and Conditions
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorized use of this website may give to a claim for damages and/or be a criminal offence.
• This website also includes 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).
• You may not create a link to this website from another website or document without LuckyPentacle.com’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of the state of New York
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of and its affiliates or licensors. As between LuckyPentacle.com and you, LuckyPentacle.com is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a «Contribution»), chat room, message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the «Services») are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, LuckyPentacle.com reserves the right to terminate your subscription and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to:
Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, «Content»), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; «Stalk» another; Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Harm minors in any way; Impersonate any person or entity, including, but not limited to, a LuckyPentacle.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site; Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, «junk mail,» «Spam,» «chain letters,» «pyramid schemes,» or any other form of solicitation; Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancel bots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information; Act in a manner that negatively affects other users’ ability to engage in the Web Site or Services; Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names; Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or Intentionally or unintentionally violate any applicable local, state, national or international law. You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that LuckyPentacle.com is not responsible for material submitted to LuckyPentacle.com or posted to the Web Site by users. LuckyPentacle.com does not pre-screen, monitor, review or edit the Content posted by users. However, LuckyPentacle.com and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in LuckyPentacle.com ‘s judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. LuckyPentacle.com is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to LuckyPentacle.com. You agree to immediately notify LuckyPentacle.com of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that LuckyPentacle.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of LuckyPentacle.com, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. LuckyPentacle.com assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to LuckyPentacle.com.
Any or all Content on the Web Site may be purged periodically in LuckyPentacle.com’s sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by LuckyPentacle.com or submitted to LuckyPentacle.com, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of LuckyPentacle.com, and LuckyPentacle.com does not support or endorse Content (including any Contribution, whether or not edited by LuckyPentacle.com or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. LuckyPentacle.com may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content and LuckyPentacle.com may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
You may be able to link to third parties’ Web Sites («Linked Sites») from the LuckyPentacle.com Web Site. Linked Sites are not, however, reviewed, controlled, or examined by LuckyPentacle.com in any way and LuckyPentacle.com is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply LuckyPentacle.com ‘s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall LuckyPentacle.com be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. LuckyPentacle.com reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to LuckyPentacle.com at firstname.lastname@example.org. To seek our permission, you may write to LuckyPentacle.com. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.
Restrictions On Use of Material
The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.
LuckyPentacle.com does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or LuckyPentacle.com mail and email addresses, or in any other way. Any information or material submitted or sent to LuckyPentacle.com will be deemed not to be confidential or secret. By submitting or sending information or other material to LuckyPentacle.com you represent and warrant that the information is original to you and that no other party has any rights to the material.
User’s Grant of Limited License
By communicating with LuckyPentacle.com, including submitting or sending Content, a Contribution or other information or material to LuckyPentacle.com, you grant LuckyPentacle.com the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a LuckyPentacle.com feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to LuckyPentacle.com.
You also warrant that any «moral rights» in posted materials have been waived.
This site and the materials and products on this site are provided «as is» and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, AND Group Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. AND Group Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. AND Group Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
AND Group Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if AND Group Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a AND Group Inc product is mistakenly listed at an incorrect price, AND Group Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. AND Group Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other payment methods charged. If your credit card or other payment methods has already been charged (or other payment methods) for the purchase and your order is cancelled, AND Group Inc shall issue a credit to your credit card account (or other payment methods) in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by AND Group Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
AND Group Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to AND Group Inc.
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AND Group Inc products) shall be in the state or federal courts located in Kings County, Brooklyn, NY. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of AND Group Inc products) must be commenced within one (1) year after the claim or cause of action arises. AND Group Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AND Group Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a AND Group Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
AND Group Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, AND Group Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, AND Group Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to AND Group Inc in its sole discretion.
You agree to indemnify, defend, and hold harmless AND Group Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the «Service Providers») from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, AND Group Inc may link to sites operated by third parties. However, even if the third party is affiliated with AND Group Inc, AND Group Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AND Group Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AND Group Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Since LuckyPentacle.com is offering non-tangible and irrevocable digital goods on LuckyPentacle.com, we do not offer refunds for theme purchases. Every theme sold on LuckyPentacle.com has a fully functional “sample” running which can be tested at will. If any purchased theme does not function as intended and disclosed, we will fix the problem. Please do feel free to ask me any questions you might have prior to purchase by sending an email to email@example.com.
Our products are provided «as is» without warranty of any kind, either expressed or implied. In no event shall we be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.