_

The Lucky Earth LLC

Terms and Conditions of Use

Last Updated: February 6, 2008

Welcome to the website of The Lucky Earth LLC located at www.luckyearth.com (“Website”) owned and operated by Lucky Earth LLC (“we” and “us). In addition to the Content on the Website and the services provided by Lucky Earth LLC through the Website (“Services”), the Website provides you with various opportunities to submit content and participate in various community services (“Services”). BY USING OUR WEBSITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF OUR TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

1. Copyright and Ownership. All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Lucky Earth LLC, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Lucky Earth LLC or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Website.

2. Trademarks. All trademarks, service marks and trade names of Lucky Earth LLC used herein (including but not limited to: Lucky Earth LLC name and Lucky Earth LLC logo) (collectively “Marks”) are trademarks or registered trademarks of Lucky Earth LLC or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Lucky Earth LLC trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Lucky Earth LLC's prior written consent. The use of Lucky Earth LLC trademarks on any other website or network computer environment is not allowed. Lucky Earth LLC prohibits the use of Lucky Earth LLC trademarks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

3. Submission Policy. Where Lucky Earth LLC has specifically invited or requested submissions, Lucky Earth LLC encourages members of the public to submit user published content or user content (e.g. postings to chatrooms, participation in communities, videos, tips, etc.) to Lucky Earth LLC that they have created for consideration in connection with the Website and any related programs, books, and broadcasts (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant Lucky Earth LLC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Lucky Earth LLC shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

4. Inappropriate Materials and Submissions. You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. Lucky Earth LLC will reject any submissions or postings in which Lucky Earth LLC believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, Lucky Earth LLC reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission or posting from the Website. You further understand and agree that sending unsolicited email advertisements to any user of the Website or the Website or through Voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

5. No Endorsement of User Content. User Content does not represent the views of Lucky Earth LLC or any individual associated with Lucky Earth LLC, and we do not always control this Content. In no event shall you represent or suggest, directly or indirectly, Lucky Earth LLC’s endorsement of user Content. Lucky Earth LLC does not vouch for the accuracy or credibility of any user Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Website. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.

6. Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.

7. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

8. Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

9. Fees. For all charges for any products and services sold on the Website, Lucky Earth LLC will bill your credit card or alternative payment method offered by Lucky Earth LLC. In the event legal action is necessary to collect on balances due, you agree to reimburse Lucky Earth LLC for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

10. Framing this Website. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

11. Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by Lucky Earth LLC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Website, nor any products or services that you buy from that website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

12. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lucky Earth LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lucky Earth LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

13. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

14. Force Majeure. Neither Lucky Earth LLC nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

15. DISCLAIMERS. Your use of thIS Site is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER LUCKY EARTH LLC, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER LUCKY EARTH LLC, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

16. LIMITATIONS OF LIABILITY. Lucky Earth LLC does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. IN NO EVENT WILL LUCKY EARTH LLC, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT LUCKY EARTH LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE. IN NO EVENT SHALL LUCKY EARTH LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS ($25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITE.

17. Indemnity. You agree to defend, indemnify and hold Lucky Earth LLC and any affiliated Lucky Earth LLC or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Lucky Earth LLC; or (vi) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

18. Release. In the event that you have a dispute with one or more other users of the Website, you release Lucky Earth LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

19. Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

20. General. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the California. You consent to the exclusive jurisdiction of the state and federal courts located in City and County of Los Angeles. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Lucky Earth LLC in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3 (Submission Policy), 13 (Access and Interference), 16 (Limitations on Liability), 17 (Indemnity), and 18 (Release) shall survive any termination or expiration of this Agreement.

21. Entire Agreement. These terms and conditions are the entire agreement between the user and Lucky Earth LLC and supercedes any prior understandings or agreements (written or oral).

22. Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at office-of-communications@fordfound.org.