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Terms
of Use
THE
FOLLOWING SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH KP-ASTROLOGY
SERVICES. WE OFFERS YOU ACCESS TO OUR SERVICES.
WELCOME! WHEN USING KP-ASTROLOGY'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 THE SERVICES PROVIDED BY KP-ASTROLOGY VIA OUR WEBSITE
(WHICH IS CURRENTLY LOCATED AT WWW.KPASTROLOGY.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 KP-ASTROLOGY 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 KP-ASTROLOGY.
1. DESCRIPTION OF KP-ASTROLOGY
: KP-ASTROLOGY provides astrological content,
reports, data, and telephone and email consultations ("Content")
via the World Wide Web, electronic mail, and telephone. Although
portions of the Content may be viewed simply by visiting the
KP-ASTROLOGY site (the "General Services"), in order
to access the personalized astrological zone and/or receive
additional Content and services (including telephone-based services)
from KP-ASTROLOGY (the "Personalized Services"), You
may need to register as a member of KP-ASTROLOGY to receive
certain 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 KP-ASTROLOGY 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 KP-ASTROLOGY.
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 KP-ASTROLOGY
members. In addition, KP-ASTROLOGY 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 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, please do not use the Services.
3. MEMBER REGISTRATION DATA:
Upon registration, including Your provision of Registration
Data, You will receive an KP-ASTROLOGY identification (“ID”)
and a password. You are entirely responsible if You do not maintain
the confidentiality of Your KP-ASTROLOGY 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 KP-ASTROLOGY
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 KPASTROLOGY is able to provide
high quality services, respond to customer needs, and comply
with laws, You hereby consent to KPASTROLOGY 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: KP-ASTROLOGY 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, KP-ASTROLOGY,
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 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 may amend Our Privacy Policy from 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 KPASTROLOGY. 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 KPASTROLOGY;
(4)
to comply with all applicable regulations, policies and procedures
of networks connected to the KPASTROLOGY Website; and
(5)
to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding Your use of
the Services. KPASTROLOGY 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 KPASTROLOGY 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 KPASTROLOGY 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 KPASTROLOGY
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. KPASTROLOGY 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, KPASTROLOGY
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 KPASTROLOGY, 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 KPASTROLOGY'S WEBSITE, OR ANY TRANSACTIONS ENTERED
INTO THROUGH KPASTROLOGY'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 KPASTROLOGY OR THROUGH
THE SERVICES SHALL CREATE ANY WARRANTY.
9. LIMITATIONS OF LIABILITY.
IN NO EVENT WILL KPASTROLOGY 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”) ARISING OUT
OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OUR PRIVACY
POLICY, OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING
NEGLIGENCE), EVEN IF KPASTROLOGY HAD BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, KPASTROLOGY
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 KPASTROLOGY'S
SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
KPASTROLOGY'S SERVICES;
OR
(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S
TRANSMISSIONS OR DATA.
THE LIABILITY OF KPASTROLOGY 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, OR (B) $100.
10. INDEMNIFICATION:
You agree to indemnify, defend and hold harmless KPASTROLOGY
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 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 of Service will inure to
the benefit of KPASTROLOGY'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 KPASTROLOGY, 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 KPASTROLOGY, 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 KPASTROLOGY at the address set forth below:
KP Astrology Services
Mr. Kanak Bosmia
28, Sahakar-II Flats,
Jagabhai Park, Rambag,
Maninagar, Ahmedabad - 380008
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 Ahmedabad 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 Ahmedabad, Gujarat 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 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 KPASTROLOGY. 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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