THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH AstroSage.com SERVICES
(“AstroSage” OR “AstroSage.com” OR “WE” OR “OUR”) OFFERS YOU ACCESS TO OUR SERVICES.
WELCOME! WHEN USING AstroSage.com SERVICES, YOU ("MEMBER" OR “YOU” OR “YOUR”) AGREE
TO THE TERMS AND CONDITIONS DESCRIBED HEREIN ("TERMS OF SERVICE").
ACCEPTANCE OF TERMS OF SERVICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE
USING THE SERVICES PROVIDED BY AstroSage.com VIA OUR WEBSITE (WHICH IS CURRENTLY
LOCATED AT WWW.AstroSage.com -- THIS “WEBSITE”). BY CLICKING THE “I AGREE” BUTTON,
YOU SIGNIFY THAT YOU AGREE WITH THESE TERMS OF SERVICE.
THESE TERMS OF SERVICE MAY BE AMENDED BY AstroSage.com AT ANY TIME IN OUR DISCRETION
BY POSTING THE AMENDED TERMS ON OUR WEBSITE. IF YOU BECAME A MEMBER PRIOR TO THE
POSTING OF AMENDED TERMS ON OUR WEBSITE, THE AMENDED TERMS SHALL AUTOMATICALLY BE
EFFECTIVE 30 DAYS AFTER THEY ARE INITIALLY POSTED ON OUR SITE. YOU AGREE THAT YOUR
CONTINUED USE OF THIS WEBSITE AFTER SUCH AMENDMENT SHALL SIGNIFY YOUR ACCEPTANCE
OF SUCH CHANGE. THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED EXCEPT BY A WRITING
SIGNED BY BOTH YOU AND AstroSage.com
1. DESCRIPTION OF AstroSage.com : AstroSage.com provides astrological content, reports,
data, telephone and email consultations ("Content") via the World Wide Web, electronic
mail. Although portions of the Content may be viewed simply by visiting the AstroSage.com
site (the "Free Services" and "Paid Service"), in order to access the personalized
astrological zone and/or receive additional Content and services from AstroSage.com
(the "Paid Services"), You may need to register as a member of AstroSage.com to
receive certain Paid Services. The Free Services and the Paid Services are referred
to collectively in these Terms of Service as the "Services." In consideration for
the Paid Services, Member agrees to:
(1) provide certain current, complete, and accurate information about Member as
prompted to do so by AstroSage.com and
(2) 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." Many of the Services and Content are provided by third party suppliers and
not by AstroSage.com.
2. MEMBER ELIGIBILITY: The Services are available only to individuals who can form
legally binding contracts under applicable law. Without limiting the foregoing,
the Services are not permitted to be used by minors (which means, in most jurisdictions,
those under the age of 18) or temporarily or indefinitely suspended AstroSage.com
members. In addition, AstroSage.com does not permit use of the Services by residents
(a) of any jurisdiction that may prohibit our Services or (b) of any country that
are prohibited by law, regulation, treaty or administrative act from entering into
trade relations. If you do not qualify, please do not use the Services.
3. MEMBER REGISTRATION DATA: Upon registration, including Your provision of Registration
Data, You will receive an AstroSage.com identification (“YOUR EMAIL ID ”) and a
password. You are entirely responsible if You do not maintain the confidentiality
of Your AstroSage.com EMAILID 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,
EMAILID, and password may not be transferred or sold to another party. You agree
to immediately notify AstroSage.com of any unauthorized use of Your account or any
other breach of security known to You.
4. OUR ACCESS TO YOUR ACCOUNT: In order to ensure that AstroSage.com is able to
provide high quality services, respond to customer needs, and comply with laws,
You hereby consent to AstroSage.com employees and agents being able to access Your
account and records on a case-by-case basis to investigate complaints or other allegations
or suspected abuse.
5. MODIFICATION TO SERVICES; BREACH; TERMINATION: AstroSage.com 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, AstroSage.com, 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)
as it may be updated from time to time, available on the Website, is incorporated
time to time pursuant to the terms for amending this Terms of Service (as described
in the Preamble above).
7. MEMBER BEHAVIOR AND RESTRICTIONS; COMPLIANCE WITH LAWS: Your right to use the
Services is personal to You. You represent that You are an individual and that You
are not a corporation or other business entity. You agree not to resell or make
any commercial use of the Services without the express written consent of AstroSage.com.
You are solely responsible for the contents of Your transmissions through Our Website.
Your use of the Services is subject to all applicable local, state, national and
international laws and regulations. You agree:
(1) to comply with all Indian laws regarding the transmission of technical data
exported from the India through the Service;
(2) not to use the Website or the Services for illegal purposes;
(3) not to interfere or disrupt networks connected to AstroSage.com;
(4) to comply with all applicable regulations, policies and procedures of networks
connected to the AstroSage.com Website; and
(5) to comply with all applicable domestic and international laws, statutes, ordinances
and regulations regarding Your use of the Services. AstroSage.com 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 AstroSage.com
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. You
agree not to transmit through AstroSage.com 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.
Attempts to gain unauthorized access to other computer systems are prohibited. You
shall not interfere with any other AstroSage.com members’ use or enjoyment of the
Website or Services.
8. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:
(A) THE SERVICES ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. AstroSage.com ASSUMES
NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF),
DELETIONS, MISDELIVERIES, OR FAILURES TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION
(B) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, AstroSage.com 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 SERVICES 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 SUCH MATERIAL AND/OR DATA;
(D) THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND AstroSage.com,
ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR
REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT
OR SERVICES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES,
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH AstroSage.com'S WEBSITE, OR
ANY TRANSACTIONS ENTERED INTO THROUGH AstroSage.com'S SITE, AND MAKES NO WARRANTY
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM AstroSage.com OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
9. LIMITATIONS OF LIABILITY. IN NO EVENT WILL AstroSage.com OR ITS SUPPLIERS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, “INDIRECT DAMAGES”)
OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF AstroSage.com
HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING,
AstroSage.com AND ITS SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING
OUT OF OR IN CONNECTION WITH:
(A) THE USE OF OR THE INABILITY TO USE THE SERVICES;
(B) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH AstroSage.com'S SITE, OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH AstroSage.com'S SERVICES;
(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR
THE LIABILITY OF AstroSage.com AND ITS SUPPLIERS TO YOU OR ANY THIRD PARTIES ARISING
TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (B) $100.
10. INDEMNIFICATION: You agree to indemnify, defend and hold harmless AstroSage.com
and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers,
consultants and agents 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
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 of Service will inure to the benefit of AstroSage.com's
successors, assigns, and licensees.
11. PROPRIETARY RIGHTS TO CONTENT: You acknowledge that the Content, including but
not limited to text, software, music, sound, photographs, video, graphics or other
material contained in either sponsor advertisements or distributed via email, commercially
produced information presented to Member by AstroSage.com, its suppliers, and/or
advertisers, is protected by copyrights, trademarks, service marks, patents and/or
other proprietary rights and laws. You are not permitted to copy, use, reproduce,
distribute, perform, display, or create derivative works from the Content unless
expressly authorized by AstroSage.com, its suppliers, or advertisers.
12. NOTICES. Except as otherwise stated in these Terms of Service, all notices to
a party shall be in writing and shall be made either via email or snail mail. Notice
shall be deemed given 24 hours after an email is sent, or 3 days after deposit in
the snail mail, to Member at the address provided by Member in the Registration
Data and to AstroSage.com at the address set forth below:
A-726, Kamla Nagar, Agra (UP), India.
13. ARBITRATION; INJUNCTIVE RELIEF. Any dispute, controversy, or claim arising out
of, relating to, or in connection with this Agreement shall be settled by binding
arbitration in accordance with the commercial arbitration rules in the Indian Law.
The arbitration shall be conducted by a single arbitrator, selected in accordance
with the rules in the Indian Law, 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 Agra 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 India and venue in Agra, Uttar Pradesh 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.
14. GENERAL PROVISIONS: These Terms of Service will be governed by and construed
in accordance with the laws of India without giving effect to any choice of law
principles that would require the application of the laws of a different state.
If for any reason a court of competent jurisdiction finds any provision or portion
provision shall be changed and interpreted so as to best accomplish the objectives
of such unenforceable or invalid provision within the limits of applicable law,
continue in full force and effect. Headings are for reference purposes only and
in no way define, limit, construe, or describe the scope or extent of such section.
Any waiver of any provision of the Terms of Service will be effective only if in
writing and signed by AstroSage.com. These Terms of Service constitute the entire
agreement between the parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter.