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Terms & Conditions

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Last Updated: April 10, 2023

 

Please read these Terms and Conditions carefully. If you are unwilling to accept the terms and conditions herein, please do not use this Site. By using our website, you are agreeing to abide and be bound by the following Terms and Conditions (“Terms”).

 

Use of Site Content

 

The Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained or presented to you through this site (“Content”), is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, “Intellectual Property Rights”). You are only permitted to use content as expressly authorized herein or in writing by our website owner (“Company”). These Terms do not transfer any right, title, or interest in our website or the Content to you, and Company and its third party advertisers and affiliates retain all of its and their respective right, title and interest to our website and Content.

 

Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any content or information from our website, in whole or in part, including without limitation by way of framing or hyper-linking, without Company’s permission. Requests for such permission should be made to [email protected]

 

Except as expressly provided in these Terms, nothing contained in these Terms or on our website shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. All rights not expressly granted herein are reserved.

 

General

 

Our website is not affiliated with, endorsed by, authorized by, or associated in any way with any government (whether federal or state), government agency, military, or country. our website and Content have been prepared for general information purposes only. By using this Site, you expressly agree that any such use is solely for personal, non-commercial use. our website provides links to other websites and access to content, products and services of third parties, including without limitation, Company’s third party advertisers, affiliates and strategic partners (“Third Party Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Third Party Sites before you use them. Company is not responsible for and expressly disclaims responsibility for 

 

  1. The availability of, or content provided on, Third Party Sites; 
  2. Third party content accessible through our website, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); 
  3. Any loss or damage of any sort you may incur from dealing with any third party; or 
  4. Your dealings with any third parties found on or through our website, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. Astrology Spark’s inclusion of a link to a Third Party Site does not imply that Astrology Spark endorses the Third Party Site or any content or statements made therein, or vice versa. You are under no obligation to transact business with any of the Third Party Sites.

Email Communications

 

By signing up for our services, you agree to receive emails from us. These emails may include important updates, notifications, promotions, newsletters, and other communications related to our products and services. You understand and acknowledge that these emails are an integral part of our service and may be sent to the email address associated with your account. You also acknowledge that you have the option to unsubscribe from these emails at any time by following the instructions provided in the emails or by contacting our customer support. Please note that unsubscribing from these emails may result in missing out on important information or updates related to your account and our services. By continuing to use our services, you agree to receive these emails as part of our terms of service.

Prohibited Use of the Site

 

You may prohibited to do the following

 

  1. Send unsolicited commercial email to the email addresses provided on our website;
  2. Delete, modify or attempt to change or alter any of the Content on our website;
  3. Use any device, software or routine that interferes with the proper functioning of our website or servers or networks connected to our website, or take any other action that interferes with another’s use of our website;
  4. Use our website or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
  5. Use any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on our website for purposes other than for a generally available search engine; or
  6. Use any Company name, service marks, or trademarks without prior written consent, including as metatags or hidden text.

 

Not Legal Advice

 

The Content on our website is intended to provide information only and is not legal advice of Astrology Spark. Any opinions expressed through Content on our website are the opinions of the particular author and may not reflect the opinions of Astrology Spark.

 

Modifications to Terms

 

Astrology Spark may change these Terms from time to time, without prior notice, by posting the modified Terms on our website, which may be accessed by clicking the “Terms and Conditions” link at the bottom of the homepage. Your continued use of this Site following any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modification, or become dissatisfied with our website in any way, your sole recourse is to immediately terminate your use of our website.

 

Termination and Modification

 

Astrology Spark reserves the right to modify or terminate these Terms or your access to our website (or portions of our website), temporarily or permanently, with or without notice to you, and is not obligated to support or update our website. These Terms shall survive termination of these Terms or your right to access to our website. You acknowledge and agree that Astrology Sparkshall not be liable to you or any third party in the event that it exercises its right to modify or terminate access to our website (or portions of our website). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.

 

Privacy

 

Astrology Spark will treat any information it collects from you in accordance with its Privacy Policy, which is incorporated by reference herein.

 

Copyright Infringement

 

In accordance with the Digital Millennium Copyright Act (“DMCA”), Company has designated an agent to receive notifications of alleged copyright infringement associated with our website. Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent. When notifying Company of the alleged copyright infringement, please include all of the following information:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
  4. Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

The Disclaimer to the fullest extent permissible pursuant to applicable law, our website and all content, materials, information, products and services provided on our website, are provided on an “AS IS” and “AS AVAILABLE” basis. Astrology Spark expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, integration, non-interference with enjoyment, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Astrology Spark makes no warranty, and expressly disclaims any obligation, that: 

  1. our website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basic; 
  2. The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; 
  3. The results that may be obtained from the use of our website or any services offered through our website will be accurate or reliable; 
  4. The quality of any products, services, information, or other material obtained by you through our website will meet your expectations; or 
  5. That defects, if any, will be corrected. You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of our website us used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.

 

Limitation of Liability

 

In no event shall Company be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for cost of procurement of substitute services, loss of profits, revenue, data, goodwill, or use, incurred by you or any third party, whether in an action in contract or tort (including negligence and strict liability), arising from your access to or inability to access, or use of, our website or any services provided in connection with our website, or otherwise resulting from: 

 

  1. The cost of procurement of substitute services, goods, or websites, 
  2. Unauthorized access to or alteration of your transmissions or data, 
  3. The statements or conduct of any third party on our website, or 
  4. Any other matter relating to our website, even if company was advised that such damages were likely not possible. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment or system, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any force majeure. Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances. Accordingly, some of the foregoing limitations may not apply to you.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Company, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to our website, your use of the Content, your linking to our website or your violation of these Terms.

 

Governing Law and Dispute Resolution

 

These Terms shall be governed by the laws of the state of Minnesota without regard to its choice of law rules. You consent to personal jurisdiction by the state and federal courts located in Hennepin County, Minnesota. Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by binding arbitration before a neutral arbitrator administered by JAMS in Minneapolis, MN, in accordance with its applicable arbitration rules, as then in effect.

 

Additional Terms

 

If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. Astrology Spark’s failure to act with respect to a breach by any person using our website does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Astrology Spark may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Astrology Spark. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Company on our website, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

 

Limitation of Actions

 

You agree that any claim or cause of action arising out of your use of our website or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Astrology Spark to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

 

Acknowledgment

 

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

 

Contact Information

 

If you have any questions regarding these Terms or our website, please contact us at:

[email protected]

224 West 35th Street 

Suite 500-317

New York, New York 10001

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