PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES AND SERVICES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
Last updated: November 18, 2011
Unless expressly permitted, you may not copy or distribute any content from this site. As long as you comply with these terms, AstroApp grants you a non-exclusive, non-transferable, limited right to access and make reasonable use of this site and its content. You agree not to interrupt or attempt to interrupt the operation of this site. AstroApp may add, change or remove any content posted on this site, including features and specifications of products described or depicted on the site, at any time, without notice and without liability.
1.1 Your use of AstroApp’s products, software, services and web sites (referred to collectively as the “Services” in this document is subject to the terms of a legal agreement between you and AstroApp.
1.2 The Terms form a legally binding agreement between you and AstroApp in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.3 Unless otherwise agreed in writing with AstroApp, your agreement with AstroApp will always include, at a minimum, the terms and conditions set out in this document.
1.4 ”Membership” is the entitlement to the Services by virtue of being a User of the Services.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by actually using the Services. In this case, you understand and agree that AstroApp will treat your use of the AstroApp.com web site and its services as acceptance of the Terms from that point onwards.
2.3 You may not use the AstroApp site and may not accept the Terms if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from receiving the Services provided by AstroApp under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 AstroApp may change the Terms from time to time without any notice to you. You understand and agree that if you use the Services after the date on which the Terms have changed, AstroApp will treat your use as acceptance of the updated Terms.
2.5 AstroApp shall have the right to refuse to register applications for Membership and to terminate Memberships and User Accounts at any time.
3. Language of the Terms
3.1 If you are provided with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services
4.1 You acknowledge and agree that the form and nature of the Services AstroApp provides may change from time to time without prior notice to you.
4.2 You acknowledge and agree that AstroApp may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at AstroApp’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform AstroApp when you stop using the Services.
4.3 You acknowledge and agree that if AstroApp disables access to your account, you may be prevented from accessing the site and its Services, your account details or any files or other content which is contained in your account.
4.4 You acknowledge and agree that while AstroApp may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the AstroApp Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by AstroApp at any time, at AstroApp’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to AstroApp will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by AstroApp, unless you have been specifically allowed to do so in a separate agreement with AstroApp. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services.
5.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that AstroApp has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which AstroApp may suffer) of any such breach.
5.7 You agree to the use of your data in accordance with AstroApp’s privacy policies.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible for all activities that occur under your account.
7. Content in the Services
7.1 You understand that all information (such as astrological charts, interpretations, delineations, readings, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are provided for research and private study purposes only and are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the other users who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the owner of that Content.
7.3 AstroApp reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.4 You understand that by using the Services you may occasionally be exposed to Content that you may find inappropriate, offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that AstroApp has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which AstroApp may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that AstroApp own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by AstroApp and that you shall not disclose such information without AstroApp’s prior written consent.
8.2 Unless you have agreed otherwise in writing with AstroApp, nothing in the Terms gives you a right to use any of AstroApp’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.4 Unless you have been expressly authorized to do so in writing by AstroApp, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8.5 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, de-obfuscate or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized that you may do so by AstroApp, in writing.
8.6 Unless AstroApp has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Service.
8.7 This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AstroApp, in the manner permitted by the Terms.
9. User Contributions
9.1 If you send, post, or otherwise provide to AstroApp any comments, suggestions, requests, bug reports, interpretation reports, algorithms, Content or any other materials, such materials will be treated as non-confidential and non-proprietary. By posting such materials, you represent to AstroApp and the other users of this site that you own the materials. You retain ownership of the materials you post, but you grant to AstroApp a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use and commercialize any ideas, concepts, know-how or techniques contained in such materials in any way and for any purpose whatsoever. AstroApp shall have no obligation of any kind with respect to such materials and will be free to copy, use, modify, display and distribute the materials to others, without limitation.
9.2 You also agree that this license includes a right for AstroApp to make such Content provided by you available to other companies, organizations or individuals with whom AstroApp has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
9.3 You understand that AstroApp, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit AstroApp to take these actions.
9.4 You confirm and warrant to AstroApp that you have all the rights, power and authority necessary to grant the above license.
10. Software updates
10.1 The Software which you use may automatically download and install updates from time to time from AstroApp. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit AstroApp to deliver these to you) as part of your use of the Services.
11. Price and Payment
11.1 Certain areas and features of the Services are only available to the paying users.
11.2 The price of the Service shall be as shown on the Web Site from time to time. Any increases in prices for the Service will be shown on the Web Site.
11.3 The User shall pay all sums due to AstroApp under this Agreement by the means of the payment specified on the Web Site and without any set-off, deduction, counterclaim or any other withholding of monies. Any applicable banking charges on such payments shall be borne by AstroApp.
11.4 Until AstroApp has received either cash or cleared funds in respect of the full amount outstanding, payment shall not be deemed to be made.
11.5 All monies paid by the User to AstroApp are non-refundable. A cancellation or termination of this Agreement by the User or AstroApp at any time for any reason will not entitle the User to a refund of monies paid.
11.6 When paying for a membership with AstroApp with a credit card you may be automatically re-billed to renew your membership on its expiration. To cancel this re-billing option you need to explicitly specify that you want to cancel auto renewal. Please note, however, that the auto-renew option is presently disabled by default and your account will not be renewed automatically unless you specifically request AstroApp to do so.
12. Ending your relationship with AstroApp
12.1 The Terms will continue to apply until terminated by either you or AstroApp as set out below.
12.3 AstroApp may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- AstroApp is required to do so by law (for instance, where the provision of the Services to you is, or becomes, unlawful); or
- the partner with whom AstroApp offered the Services to you has terminated its relationship with AstroApp or ceased to offer the Services to you; or
- AstroApp is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by AstroApp is, in AstroApp’s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect AstroApp’s rights regarding provision of Services under Section 4 of the Terms.
12.5 The Lifetime plan allows you to maintain access to the Services until AstroApp remains operational. The Lifetime plan is not transferrable to anyone. Under no circumstances the Lifetime plan can be inherited by third parties or other customers. Should AstroApp decide to terminate its operations, all existing Lifetime plans will be terminated at the same time and no refund pro-rata or full will be issued.
13. User Conduct
13.1 You may not use the site to post or send any materials that (1) interfere with anyone else's use of the site; (2) are “spam,” abusive, illegal, obscene or threatening in any way; (3) encourage anyone to break the law, or to breach their agreements with AstroApp or third parties; (4) violate anyone's copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; (7) are advertising, surveys, or other commercial materials, except in those areas of the site where these materials are permitted; or (8) contain false or misleading statements of fact or descriptions of the origin of the material.
13.2 Although AstroApp may from time to time monitor or review bulletin boards, forums, chatrooms, postings and other areas of the site, AstroApp is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such postings or for any defamation, inaccuracy, libel, obscenity, or profanity contained in any such posting. AstroApp may edit or remove any user material or conversation that violates AstroApp ‘s policies in any way. AstroApp will fully cooperate with any law enforcement authorities or court order requesting or directing AstroApp to disclose the identity of anyone posting such materials.
13.3 If an area of the Site allows "private" sharing of User Materials, AstroApp does not guarantee the security or privacy of such User Materials.
14.1 You acknowledge that Other Users will be able to view the Profile.
14.2 AstroApp may copy or reproduce any information Posted by the User on the Web Site in any form and in any manner as AstroApp may think fit.
14.3 If the User decides to Posts or discloses any confidential or sensitive information about the User to Other Users, then the User does so entirely at the User’s own risk.
14.4 The User will be able to view the details and profiles of other Members.
14.5 The User warrants and represents to AstroApp that all information Posted by the User
a) is accurate, true, complete and is not misleading; and
b) will be regularly updated by the User so that it remains accurate, true, complete and not misleading.
14.6 AstroApp reserves the right to review the Profile from time to time and to amend or delete the entire Profile or parts of it as AstroApp in its sole discretion think that it should be amended or deleted.
15.1 The site may contain links to other Internet sites. AstroApp provides such links for your convenience, and is not responsible for the content of any website linked to or from this site. Links to any other website or resource do not mean that AstroApp approves of, endorses, or recommends that website or resource, any advertising, products or other materials on or available from such web sites or resources. AstroApp disclaims all warranties, express or implied, as to the accuracy, legality, reliability, availability or validity of any content on any other website or resource.
15.2 Linking to AstroApp.
15.2.1 You may link to this site, but permission is restricted to making a hyperlink without any alteration of the site's contents.
15.2.2 AstroApp reserves the right to prevent linking by giving notice.
16. Access and Interference
16.1 The site may contain measures, such as robot exclusion headers, to prevent or restrict access to the sites. You agree not to interfere or attempt to interfere with the proper working of the sites and not to bypass the robot exclusion headers or other measures AstroApp may use to prevent or restrict access to the sites.
17. Copyright and Use of web site and its materials
17.1 Information or material from this site may be used for the purposes of private study, research, criticism or review, as permitted under International copyright laws.
17.2 Without our prior written consent, you are not allowed to:
- use information or materials for any commercial purpose;
- rewrite or modify information or materials;
- redistribute information or materials; or
- place information or materials on your own website.
17.3 Any permitted reproduction made must:
- acknowledge AstroApp as the source material or information reproduced;
- hyperlink to our website; and
- include a copy of the original copyright, source and disclaimer notices.
For written permission to use information or material from this site, please contact us.
18. Practice of Medical astrology
18.1 AstroApp web site and all of its services, tools and databases provided for use in Medical astrology are intended for private study and research only and are not intended to diagnose, treat, cure, or prevent any disease.
18.2 AstroApp is designed for private research purposes only and is not engaged in rendering medical advice. The information provided through AstroApp including any information, readings, and interpretations provided by its Users should not be used for preventing, diagnosing or treating, curing a health problem or a disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider. The AstroApp, its authors, editors, producers, sponsors, and contributors shall have no liability, obligation or responsibility to any person or entity for any loss, damage, injury, death, or adverse consequence alleged to have happened directly or indirectly as a consequence of this material or of using AstroApp web site.
19. Disclaimer of Warranty
19.1 The site is provided “AS IS” and “AS AVAILABLE” and with all faults. Use the site at your own risk. AstroApp makes no representations or warranties of any kind, either express or implied, with regard to the site. To the fullest extent permitted by law, AstroApp disclaims all warranties, express or implied, and all implied terms and conditions, including but not limited to those related to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.
19.2 Additionally, AstroApp DOES NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
- THOSE DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
19.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AstroApp, from its users OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
20. Exclusion of Damages and Disclaimer of Liability
20.1 AstroApp and its authors, writers and suppliers will not be liable for any damages, including lost profits, data loss, business damage, psychological damage, damages that are not reasonably foreseeable, or any other loss or damages including consequential, exemplary, special, direct, indirect or incidental damages.
20.2 Without limiting the above limitation, this limitation specifically applies to:
- The addition, modification or removal of any content;
- Third party content and links to third party sites; and
- The security of information on the site, even if the information is in an area of the site designated as a “private” forum or chat.
20.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT AstroApp SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH AstroApp MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE AstroApp WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
20.4 THE LIMITATIONS ON AstroApp’s LIABILITY TO YOU SHALL APPLY WHETHER OR NOT AstroApp knew or HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
20.5 Only the limitations that are lawful in your jurisdiction will apply to you and AstroApp liability will be limited to the maximum extent permitted by law.
22.1 Some of the AstroApp Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
22.2 The manner, mode and extent of advertising by AstroApp or third parties on the Services are subject to change without specific notice to you.
22.3 In consideration for AstroApp granting you access to and use of the Services, you agree that AstroApp or approved third parties may place such advertising on the Services.
23.1 If you are accessing the site in the United States, Massachusetts law governs the interpretation of these terms, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection and unfair competition laws. If you are accessing the site outside of the United States, the laws of that country apply. These terms describe certain legal rights. You may have other rights under the laws of your state or country. These terms do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
23.3 If any provision of these terms is legally invalid, these terms shall endure except for the invalid provision. However, if a court determines that any provision is invalid, the court may limit the provision, delete specific words or phrases, or replace the invalid provision with a provision that is valid and that comes closest to expressing the intent of the invalid provision.
23.4 You agree that AstroApp may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
23.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.6 You agree that AstroApp shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
24. Electronic Commerce (EC Directive) Regulations for European Users
24.1 The Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2103) (as may be amended from time to time) shall to the fullest extent permitted by law be excluded from these terms where you are using this site in the course of your trade, business or profession.