PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE "TERMS OF SERVICE") CAREFULLY. BY ACCESSING IT OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF HOROSCOPE.COM, INC., ITS AFFILIATES OR AGENTS ("COMPANY" or "WE") WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE "WEBSITE") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE, ENABLED OR OFFERED BY COMPANY (EACH, A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS (IF REQUIRED), DOWNLOADING ANY OF COMPANY'S MOBILE APPLICATIONS (EACH, AN "APPLICATION") AND/OR MERELY BROWSING THE WEBSITE, YOU ("MEMBER" OR "YOU") AGREE THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
THE SERVICES CONSIST OF THE FOLLOWING, WITHOUT LIMITATION: ASTROLOGICAL CONTENT, REPORTS, TAROT READINGS, GAMES, AND EMAIL CONSULTATIONS, LIVE TELEPHONE CONSULTATIONS AND LIVE CONSULTATIONS WITH PSYCHIC ADVISORS ("ADVISORS") VIA VIDEO-CHAT. THESE ADVISORS OPERATE AS INDEPENDENT CONTRACTORS. COMPANY DOES NOT VERIFY THE SKILLS, DEGREES, QUALIFICATIONS, CREDENTIALS OR BACKGROUND OF THE ADVISORS. COMPANY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE ADVISORS, NOR DOES IT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY, THE ADVISORS.
WE MAY AMEND THESE TERMS OF SERVICE AT ANY TIME IN OUR DISCRETION. THESE CHANGES WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE SITE OR ASSOCIATED SERVICES. HOWEVER, IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS OF SERVICE, WE WILL NOTIFY EXISTING USERS BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON THE WEBSITE. THE AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE FOR EXISTING USERS THIRTY (30) CALENDAR DAYS AFTER THEY ARE INITIALLY POSTED ON THE WEBSITE. IF YOU DO NOT AGREE TO THE REVISED TERMS OF SERVICE, YOU MUST DISCONTINUE USING THE WEBSITE AND ASSOCIATED SERVICES. YOU AGREE THAT YOUR CONTINUED USE OF THE WEBSITE AFTER NOTICE OF SUCH AMENDMENT SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGE. THE TERMS OF SERVICE MAY NOT BE OTHERWISE AMENDED EXCEPT BY A WRITING SIGNED BY BOTH YOU AND COMPANY.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the "Terms."
1. USE OF THE COMPANY PROPERTIES
The Applications, the Website, the Services, and the Company Content (collectively, the "Company Properties") are protected by copyright laws throughout the world. "Content" includes, but is not limited to text, software, music, sound, photographs, video, graphics or other materials, and "Company Content" includes, but is not limited to, all Content and Services made available by Company, its suppliers, and/or advertisers on or in, or purchased through, the Company Properties. Subject to the Terms, Company grants you a limited license to reproduce and display portions of the Company Properties in connection with viewing the Website and using the Services for your own personal purposes. You are not permitted to copy, use, reproduce, distribute, perform, display or create derivative works from the Company Properties unless expressly authorized by Company.
1.1 Application License. Subject to your compliance with the Terms, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
1.2 Updates. You understand that the Company Properties are evolving. As a result, the Company may require you to accept updates to the Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that the Company may update the Company Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Company Properties.
1.3 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of the Company; (c) you shall not use any metatags or other "hidden text" using Company's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties. Any future release, update or other addition to the Company Properties shall be subject to the Terms. The Company, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.
2.1 Services. Although portions of the Company Content may be viewed simply by browsing the Company Properties (the "General Services"), in order to access some of the personalized astrological features and/or receive additional Company Content and Services (including email-based Services) from Company (the "Personalized Services"), you need to register with us. The General Services and the Personalized Services are referred to collectively in these Terms of Service as the "Services." In consideration for the Personalized Services, you agree to:
(a) provide certain current, complete, and accurate information about yourself as prompted to do so by Company and
(b) maintain and update this information as required to keep it current, complete and accurate. All information that we request and you provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as "Registration Data."
Some of the Services and Content are provided by third party suppliers and not by Company.
2.2 Eligibility. Company does not permit the Services to be used by temporarily or indefinitely suspended users. In addition, Company does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If you do not qualify, do not use the Services.
2.3 User Registration Data. Upon registration, including your provision of Registration Data, you will receive a Company identification ("ID") and a password. You are entirely responsible if you do not maintain the confidentiality of your ID and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You may change your password by following instructions on the Website. You agree that your account, ID and password may not be transferred or sold to another party. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security known to you.
2.4 Access to your account. In order to ensure Company is able to provide high quality services, respond to user needs, and comply with laws, you hereby consent to Company employees and agents accessing your account and Registration Data on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
2.5 Termination of your account. Company may modify or discontinue (in whole or in part) the Services or your account with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your account immediately (a) if we are unable to verify or authenticate your Registration Data or other information provided by you, (b) if we believe that your actions may cause legal liability for you, Company, or all or some of our other users, or (c) if we believe you have (i) provided us with false or misleading Registration Data or other information, (ii) interfered with other users or the administration of the Services, or (iii) violated the Terms.
3. MEMBER BEHAVIOR AND RESTRICTIONS; COMPLIANCE WITH LAWS
Your right to use the Company Properties is personal to you. You represent that you are an individual and that you are not a corporation or other business entity. You are permitted to use the Company Properties solely for your own personal use. You agree not to resell or make any commercial use of the Company Properties without the express written consent of Company. You may not remove any copyright or other proprietary notices contained in the Company Properties. You are solely responsible for the contents of your transmissions through the Company Properties. Your use of the Company Properties is subject to all applicable local, state, national and international laws and regulations. You agree:
(a) to comply with all U.S. laws regarding the transmission of technical data exported from the United States through the Company Properties;
(b) not to use the Company Properties for illegal purposes;
(c) not to interfere or disrupt networks connected to Company;
(d) to comply with all applicable regulations, policies and procedures of networks connected to the Company Properties;
(e) not to use any data mining, robots or similar data gathering and extraction methods in connection with the Company Properties;
(f) to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Company Properties. Company makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies, and procedures. You will not use the Company Properties for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with any other Company members' use or enjoyment of the Company Properties; and
(g) You are responsible for any Content that you upload, post, email, transmit or otherwise make available on or through the Company Properties ("Make Available"), whether publicly posted or privately transmitted ("Your Content"). You agree not to Make Available on or through the Company Properties any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. We may (but have no obligation to) to remove any of Your Content for any reason (or no reason). In addition, if we become aware of any possible violations by you of any provisions of the Terms, we reserve the right to investigate such violations and we may, at our sole discretion, immediately terminate your license to use the Company Properties, or change, alter, or remove Your Content, in whole or in part, without prior notice to you.
If you have any questions, suggestions, ideas, feedback, or recommendations about these Terms of Service, the practices of our Website, or your dealings with us, you can contact us by e-mail or U.S. mail using the contact information set forth in Section 14.8 (Notice). Company alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Company Properties and you hereby assign such submissions to Company free of charge. We may use such submissions as we deem appropriate in our sole discretion.
5. FEES AND PURCHASE TERMS
5.1 Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account ("Payment Provider") as a condition to signing up for any of the Personalized Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Company with your credit card number of PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your account for all fees and charges due and payable to Company hereunder and that no additional notice or consent is required. You agree to immediately notify Company of any change in your billing address or the credit card or PayPal account used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Company Properties or by e-mail delivery to you.
5.2 Service Subscription Fees.
5.3 Taxes. Company's fees are net of any applicable Sales Tax. If any Services, or payments for any Personalized Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax, and any other tax measured by sales proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
5.4 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: firstname.lastname@example.org.
6. THIRD PARTY SERVICES
6.1 Third Party Websites, Content and Ads. The Company Properties contain (or you may be sent through the Company Properties) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content") and advertisements for third parties ("Third Party Ads"). When you click on a link to a Third Party Site or Third Party Ad, we will not warn you that you have left the Company Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Sites, Third Party Content, and Third Party Ads are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Company Properties or any Third Party Content or Third Party Ads posted on or through the Company Properties, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites, Third Party Content, or Third Party Ads. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Company Properties and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Company Properties.
6.2 App Stores. You acknowledge and agree that the availability of the Application(s) and associated Services depend on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores ("App Store"). You acknowledge that the Terms are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for the Company Properties, including the Applications, the content thereof, and addressing any claims relating thereto. In order to use an Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Company Properties, including the Application(s). You agree to comply with, and your license to use the Application(s) is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Company Properties, including the Application(s). You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
7. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT
(a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTIES ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. COMPANY ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS;
(b) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, COMPANY MAY DELETE E-MAIL OR OTHER ACCOUNTS OR THE INFORMATION THEREIN IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS;
(c) USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT AND/OR DATA FROM THE COMPANY PROPERTIES;
(d) THE COMPANY PROPERTIES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY PROPERTIES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE COMPANY PROPERTIES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTIES, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES, AND MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY PROPERTIES SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION.
(e) ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN BY A THIRD PARTY, INCLUDING ADVISORS, ARE THOSE OF THE RESPECTIVE THIRD PARTY, NOT OF COMPANY. NEITHER COMPANY, NOR ANY ADVISORS, ARE (1) PROVIDING FINANCIAL ADVICE OR FUNCTIONING IN ANY WAY AS A LICENSED FINANCIAL ADVISOR; (2) PROVIDING MEDICAL ADVICE OR FUNCTIONING IN ANY WAY AS A LICENSED DOCTOR, NURSE OR MEDICAL PRACTITIONER; OR (3) PROVIDING LEGAL ADVICE OR FUNCTIONING IN ANY WAY AS A LAWYER OR LEGAL ADVISOR. YOU SHOULD CONSULT WITH A LICENSED PROFESSIONAL BEFORE MAKING ANY FINANCIAL, MEDICAL OR LEGAL DECISIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
8. LIMITATIONS OF LIABILITY
(a) THE USE OF OR THE INABILITY TO USE THE COMPANY PROPERTIES;
(b) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTIES, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES; OR
(c) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
9. NOTICE OF COPYRIGHT INFRINGEMENT
We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Properties or on Third Party Sites, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Website (identified below), which must contain the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
(c) A description of where the content that you claim is infringing is located on the Company Properties;
(d) Information sufficient to permit Company to contact you, such as your physical address, telephone number and e-mail address;
(e) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Accounting and Administrative Manager
369 Sutter Street
San Francisco CA 94108
By telephone: 415 615 9028
By fax: 415 615 9030
By email: email@example.com
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Properties or on Third Party Sites, or in connection with the Company Properties. All other inquiries directed to the Designated Agent will not be responded to. Such inquires should be made through the feedback procedure referenced in Section 14.5 (Compliance).
You agree to indemnify, defend and hold harmless Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents (the "Company Parties") from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Company Properties, your violation of these Terms, or your violation of any third party's rights, including without limitation, infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of Company's successors, assigns, and licensees.
We reserve the right, in our discretion, to terminate your registration on the Company Properties or block access to the Company Properties, including Services provided to you. We reserve the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to you.
12. ARBITRATION; INJUNCTIVE RELIEF
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the AAA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in California in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of California and venue in San Francisco, California for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand US dollars (US $1,000).
13. INTERNATIONAL USERS
This Website can be accessed from countries around the world and may contain references to the Company Properties and Content that are not available in your country. These references do not imply that the Company intends to announce Company Properties or Content in your country. The Company Properties are controlled and offered by the Company from external hosting facilities located in France and the United States of America. The Company makes no representations that the Company Properties are appropriate or available for use in other locations. Those who access the Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
14. GENERAL PROVISIONS
14.1 Electronic Communications. The communications between you and Company use electronic means, whether you visit the Company Properties or send Company e-mails, or whether Company posts notices of the Company Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14.2 Release. You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
14.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
14.4 Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
14.5 Compliance. If you believe that the Company has not adhered to the Terms, please contact the Company by emailing us at firstname.lastname@example.org . We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
14.6 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
14.7 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C?est la volonte expresse des parties que la presente convention ainsi que les documents qui s?y rattachent soient rediges en anglais.
14.8 Notice. Company may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, text messaging, posting on the Company Properties, or other reasonable means, now known or hereafter developed. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company at the following address: Horoscope.com, Inc., 369 Sutter Street, San Francisco, CA 94108, U.S.A., Attn: General Counsel. Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
14.9 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.10 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.11 Export Control. You may not use, export, import, or transfer the Company Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Company Properties, and any other applicable laws. In particular, but without limitation, the Company Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Company Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Company Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by the Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
14.12 Accessing and Download the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
(a) You acknowledge and agree that (i) the Terms are concluded between you and the Company only, and not Apple, and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
(d) You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and the Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third-party's intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
14.13 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
14.14 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
These Terms of Service were last revised on October 1st, 2013