Terms and Conditions Of Use:
THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH HoroscopeZen.com
("HoroscopeZen.com" OR "WE" OR "OUR") OFFERS YOU ACCESS TO OUR SERVICES.
WHEN USING
HoroscopeZen.com'S 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 HoroscopeZen.com (THIS "WEBSITE"), INCLUDING THE SERVICES
PROVIDED THEREIN. BY USING THIS WEBSITE, YOU SIGNIFY THAT YOU AGREE WITH
THESE TERMS OF SERVICE. THESE TERMS OF SERVICE MAY BE AMENDED OR CHANGED
BY HoroscopeZen.com AT ANY TIME IN ITS DISCRETION BY POSTING THE AMENDED
TERMS ON OUR WEBSITE. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE
AFTER SUCH AMENDMENT OR CHANGE SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGE.
THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED OR CHANGED EXCEPT BY A WRITING
SIGNED BY BOTH YOU AND HoroscopeZen.com.
1. DESCRIPTION OF HoroscopeZen.com:
HoroscopeZen.com provides astrological and other divination content, reports, and data ("Content")
via the World Wide Web, electronic mail, and on HoroscopeZen.com's own
system. Some portions of the Content may be viewed simply by visiting
the HoroscopeZen.com site (the "General Services"), and other more personalized astrological
content/reports and
services can be ordered from HoroscopeZen.com (the "Personalized
Services"). 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, Member
agrees to: (1) provide certain current, complete, and accurate information
about Member as prompted to do so by HoroscopeZen.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 all
order forms, sign-up forms and other forms, and all updates thereto, are referred to in these Terms of Service
as "Order Input."
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
may not be used by minors (unless aged 13 or older and supervised by a
parent or legal guardian) or temporarily or indefinitely suspended
HoroscopeZen.com members. If you do not qualify, please do not use the Services.
3. MEMBER ORDER INPUT DATA:
Upon placing an order, including Your provision of Order Input, You
will receive an HoroscopeZen.com order number ("ID").
You are entirely responsible for the accuracy of the Order
Input, including but not limited to names, Dates of Birth, and
email addresses. If incorrect Input Data was submitted,
HoroscopeZen.com cannot provide a free report to correct the Order
Input error. You are responsible for maitaining the confidentiality
of Your HoroscopeZen.com ID. You are responsible for all uses
of Your account, whether or not actually or expressly authorized by
you.
4. OUR ACCESS TO YOUR ACCOUNT:
In order to ensure that HoroscopeZen.com is able to provide high quality
services, respond to customer needs, and comply with laws, You hereby
consent to HoroscopeZen.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:
HoroscopeZen.com may modify or discontinue (in
whole or in part) its 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 Order Input or other information provided by You, (b) if We
believe that Your actions may cause legal liability for You, HoroscopeZen.com,
or all or some of Our other users, or (c) if We believe You have (i) provided
us with false or misleading Order Input or other information, (ii)
interfered with other users or the administration of the Services, or
(iii) violated these Terms of Service or our Privacy Policy.
6. PRIVACY POLICY:
Privacy is very important to us, and as such, Our Privacy Policy, as it may be
updated from time to time, available on the Website, is incorporated into
these Terms of Service by this reference. We reserve the right to change
our Privacy Policy from time to time by replacing the existing Privacy Policy with such revised
Privacy Policy on the Website. We encourage You to regularly check
our Privacy Policy for changes.
7.
POLICY ON ORDERS AND REPORTS:
No cancellations, returns, refunds, exchanges or credits. Prices
& Products subject to change without notice. Customer/viewer/buyer is solely
responsible for accurately filling out order form and selecting appropriate
report.
HoroscopeZen.com is not responsible for typos or mistakes in the ordering
information entered by customer. Because all orders are processed immediately
upon submission, no cancellations allowed or accepted once an order has been
submitted.
The turn–around times quoted throughout this web site are our best estimates
of the amount of time it will take us to process your requests for services and
return the information to you. Where turn-around times are listed as
"days", or "hours", we’re referring to business days and
business hours. HoroscopeZen.com is not responsible for delays caused by any
factors outside of the HoroscopeZen.com system/website.
8.
VIEWER/VISITOR BEHAVIOUR 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 HoroscopeZen.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 U.S. laws regarding
the transmission of technical data exported from the United States through
the Service; (2) not to use the Website or the Services for illegal purposes;
(3) not to interfere or disrupt networks connected to HoroscopeZen.com;
(4) to comply with all regulations, policies and procedures of networks
connected to the HoroscopeZen.com Website; and (5) to comply with all applicable
domestic and international laws, statutes, ordinances and regulations
regarding Your use of the Services. HoroscopeZen.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
HoroscopeZen.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 HoroscopeZen.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 any other HoroscopeZen.com
member's use or enjoyment of the Website or Services.
9. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:
(A) THE SERVICES ARE PROVIDED "AS-IS". HoroscopeZen.com ASSUMES NO RESPONSIBILITY
FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS,
MISDELIVERIES, OR FAILURES TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION
SETTINGS;
(B) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, HoroscopeZen.com MAY DELETE
E-MAIL OR OTHER ORDER INFORMATION OR THE INFORMATION THEREIN IF THE
ORDER WAS PLACED MORE THAN NINETY (90) DAYS AGO;
(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) HoroscopeZen.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 HoroscopeZen.com'S
WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH HoroscopeZen.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 MEMBER FROM HoroscopeZen.com OR THROUGH
THE SERVICES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY.
IN NO EVENT WILL HoroscopeZen.com OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, (COLLECTIVELY,
"INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE,
THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS OF SERVICE (HOWEVER ARISING,
INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, HoroscopeZen.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 HoroscopeZen.com'S
SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH HoroscopeZen.com'S SERVICES;
(C) LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS
OR DATA; OR
(D) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, EVEN
IF HoroscopeZen.com HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. THE LIABILITY OF HoroscopeZen.com AND ITS SUPPLIERS
TO YOU OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE,
THE SERVICES, OUR PRIVACY POLICY, OR THESE 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, AND (B) $100.
11. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless HoroscopeZen.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 Services, Your violation of the Privacy
Policy or these Terms of Service, or 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
HoroscopeZen.com's successors, assigns, and licensees.
12. PROPRIETARY RIGHTS TO CONTENT:
You acknowledge that 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 HoroscopeZen.com, its suppliers,
and/or advertisers, is protected by copyrights, trademarks, service marks,
patents and/or other proprietary rights and laws. You are only permitted
to copy, use, reproduce, distribute, or create derivative works from the
Content as expressly authorized by HoroscopeZen.com, its suppliers, or
advertisers.
13. 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 U.S. mail. Notice
shall be deemed given 24 hours after an email is sent, or 3 days after
deposit in the U.S. mail, to You at the address provided by You in the
Order Input and to HoroscopeZen.com at the address set forth
below:
HoroscopeZen.com
6230 Wilshire Blvd., #46
Los Angeles, CA 90048
U.S.A.
14. 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 of the American Arbitration
Association ("AAA"). Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall
be conducted by a single arbitrator, selected in accordance with the rules
of the AAA, in Los Angeles, California, 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 Los
Angeles, 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 dollars (US $1,000).
15. GENERAL PROVISIONS:
These Terms of Service will be governed by and construed in accordance
with the laws of the State of California 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 of these Terms of Service or Privacy Policy
to be unenforceable or invalid, such 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, and the remainder of the
Terms of Service or Privacy Policy, as applicable, will 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 HoroscopeZen.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.
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TERMS AND CONDITIONS for Premium SMS Service (service no
longer offered or available):
By entering your personal mobile or cell phone number, you are
signing up for a text service subscription program that is
charged at $4.99 per month per service, billed directly to your
wireless bill. This service is not pro-rated for mid-month
cancellations. You may stop this subscription service at any
time by sending a text message with STOP, END or QUIT to short
code 31985 or by using our Customer Service web form. Your phone
must have text message capability. You must be the owner of this
device and either be at least sixteen years old or have the
permission of your parent or guardian. Standard text messaging
rates apply. In case of questions please contact customer
service at 6230 Wilshire Blvd. Suite 46 Los Angeles CA 90048,
Attn. HoroscopeZen.com
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