Terms
and Conditions
Your use of Astrojasta and Astrojasta.com web site contained hereon
(collectively referred to as the "Site" unless specifically
stated otherwise) is conditioned on your acceptance without modification
of the terms, conditions, and notices contained in this Terms and
Conditions Agreement (the "Terms and Conditions Agreement"),
Astrojasta's Privacy Policy located at www.astrojasta.com/privacypolicy.htm
(the "Privacy Policy") and Astrojasta's Disclaimer located
at www.astrojasta.com/disclaimer.htm (the "Disclaimer")
all of which shall collectively be referred to as the "Terms
and Conditions" unless specifically stated otherwise. By using
the Site you agree to the Terms and Conditions and to abide by all
rules, terms, conditions, restrictions and notices therein.
The Site is
owned and operated by Astrojasta. Astrojasta reserves the right
to modify the Terms and Conditions at any time without notice. Modifications
will be effective immediately as of the date that modification is
posted on the Site. You are responsible for regularly reviewing
the Terms and Conditions. Your continued use of the Site indicates
your knowledge and acceptance of the Terms and Conditions and any
subsequent modifications thereto.
In addition
and where specifically stated, additional terms and conditions or
guidelines for use may govern the use of specific areas of the Site
or certain services provided on the Site. Your use of these specific
areas of the Site or certain services are subject to any such additional
Terms and Conditions or guidelines, which are hereby incorporated
by reference.
I. GENERAL PROVISIONS
A. PROPRIETARY
RIGHTS AND LICENSE AGREEMENT
All Content
that is made available to view or download in connection with the
Site is owned by and is the copyrighted work of Astrojasta or its
licensors. "Content" in these Terms and Conditions shall
mean all Software, object code, source code, schematics, data, text,
sound, graphics, video, photographs, images, documents, papers,
instructions, information and other material, available for download
through or incorporated into the Site. "Software" in this
Agreement shall mean all object, source code or other software available
on or through the Site whether in written form as part of a document
or as a file capable of download together with all documentation,
explanatory notes and other materials associated therewith. "Product"
in this Agreement shall mean to all the consultation, reports and
consultation reports in astrology, numerology and feng shui sold
via this Site.
Your use of
the Site or any of the services available through the Site constitutes
your acknowledgement that the Content and the Software contain proprietary
and confidential information and that such proprietary and confidential
information is protected by all applicable local, state, federal
and international intellectual property and other laws. In addition,
your permitted use of the Content or Software constitutes your acknowledgement
that the Content or Software of Astrojasta or that of other third
parties available through the Site contains protected proprietary
information, copyrights, trademarks, trade names, service marks,
patents, or other intellectual property rights owned by the respective
owner of such Content or Software. You hereby agree not to sell,
assign, license, sublicense, distribute, create derivative works
of, loan, copy, modify, reverse engineer, reverse assemble, attempt
to discover source code, or otherwise exploit or transfer any right
in the Content, the Software, the Site or any portions thereof without
the express prior written permission of Astrojasta or other applicable
third parties.
You may not
download, install or use any Content or Software that is accompanied
by or that includes a license agreement unless you first agree to
the terms of such license agreement.
For any Content
or Software available for download that is not accompanied by a
license agreement, Astrojasta and/or other third parties, as applicable,
hereby grant to you subject to the Terms and Conditions, free of
charge, a nonexclusive, non-sublicensable, non-transferable, limited
license, during the term of this Terms and Conditions Agreement,
to install and/or use the Content and Software in machine-readable
form solely for the intended purpose. You may copy the Content and
Software only for backup purposes, provided that you reproduce all
copyright and other proprietary notices that are on the original
copies of the Content or Software. Astrojasta and/or other third
parties, as applicable, may assign any and all rights under this
license at any time, without your permission. Notwithstanding any
of the foregoing, you hereby acknowledge that Astrojasta and/or
other third parties, as applicable, shall retain all right, title
and interest in and to the Content, Software, and other development
tools available through the Site. You hereby agree not to remove
any copyright, trademark or other proprietary notices of any party
from the Content, the Software, the Site or any materials thereon.
Any modification,
reproduction or redistribution of the Software is expressly prohibited
by law. You acknowledge that the Software, and any accompanying
documentation or technical information, is subject to applicable
export control laws and regulations of the United States or the
laws of the country in which you reside and that you will act in
compliance with any such export control laws and regulations.
B. UNLAWFUL
OR PROHIBITED USE
You may not
use the Site for any purpose that is unlawful or prohibited by the
Terms and Conditions. You agree not to use the Site to (a) promote
any unlawful activity or purpose, including without limitation,
any activity that could give rise to criminal or civil liability;
(b) carry out any unauthorized alteration of any data or information
on or supplied by another user of the Site; (c) conduct any activity
that infringes on the copyright, patent, trademark, service mark
or any other rights of any person or entity; (d) harm minors in
any manner; (e) upload, post, e-mail or transmit any Content that
is unlawful, offensive or obscene, vulgar, harassing, threatening,
libelous, defamatory, objectionable racially or otherwise, or invasive
of the privacy of another; (f) upload, post, e-mail or transmit
any junk mail, "spam," or any other unauthorized communication,
advertisement, promotion or other solicitation; (g) upload, post,
e-mail or transmit any materials or files that contain any software
"viruses," "bugs," "worms," or any
other computer programs or codes designed to alter, interrupt, limit
or destroy access to or the functionality of any computer, hardware,
software, server, network or other equipment or devices; (h) impersonate
or misrepresent any person or entity or the origin of any Content
or Software; (i) subscribe to any service on this site that requires
you to provide personal information if you are under age 13; or
(j) collect, store, transmit, exchange or otherwise distribute the
personal information of any users of this Site or any other web
site.
You shall not
use the Site in any manner that could damage, disable, overburden,
or impair any Astrojasta service(s) or interfere with any other
party's use and enjoyment of any Astrojasta service(s). You may
not attempt to gain unauthorized access to any Astrojasta service(s)
or accounts not registered to you, or computer systems or networks
connected to any Astrojasta service(s) through hacking, password
mining or any other means. If you are under age 13, you may not
attempt to gain access to certain Astrojasta services by providing
wrong birth date information. Astrojasta reserves the right, in
its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, with or without
cause and without notice. Some content, materials, services and
links on the Site may not be appropriate or available for use in
all jurisdictions, especially some jurisdictions outside of the
United States. Accessing any such content, materials, services or
links from certain jurisdictions may be illegal and prohibited.
Accessing any of the foregoing from any such jurisdiction is done
so at your own initiative and Astrojasta is not responsible for
your or its compliance with any other local applicable laws. You
hereby agree that you shall not access any of the foregoing where
prohibited by any law.
C. THIRD PARTY
SITES
The Site may
contain links to third party web sites. The third party Content
and linked sites are not under the control of Astrojasta and Astrojasta
is not responsible for the content of any linked site. Astrojasta
is not responsible for web casting or any other form of transmission
received from any linked site, nor is Astrojasta responsible if
the linked site is not functioning properly. Astrojasta is providing
these links to you merely as a convenience, and the inclusion of
any link does not imply endorsement by Astrojasta of any third party
site or any association with its operators. You are responsible
for viewing and abiding by the privacy statements and Terms and
Conditions posted at any third party linked site.
Any dealings
with third parties, such as advertisers, included within the Site
or participation in promotions involving the delivery of and payment
for goods and services, or any other terms, conditions, warranties,
or representations associated with such third parties, are solely
between you and that third party. Astrojasta is neither responsible
nor liable for any part of such dealings or promotions.
II. BILLING/CHARGES
A. PURCHASES/PAYMENTS
The price of
any product or service purchased through the Site will be the price
specified at the time of your purchase. Prices for all products
and services exclude all applicable taxes and telecommunication
charges, unless otherwise indicated. To the extent permissible by
law, you agree to be responsible for any such applicable taxes and
telecommunication charges where applicable. All Product purchased
through this Site are email deliverable. You agree to provide the
correct email address where you would like the product purchased
from this Site to be sent. You agree to not hold this Site responsible
for not providing your correct contact information to this Site.
B. BILLING INFORMATION
Your purchase
of Product or Software through the Site constitutes your acknowledgement
that you are of legal age to form a binding contract, and if not
of legal age that you have placed such order with the involvement
of a parent or legal guardian, and that you are not a person barred
from using or receiving the services available on the Site by any
local, state, federal or international law. You must provide current,
complete, and accurate information to your Carrier in connection
with your billing account in order to receive products or services
ordered through the Site. You also agree to maintain and promptly
update your billing account information with your Carrier to keep
it true, accurate, current, and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Astrojasta
or your Carrier has grounds to suspect that such information is
untrue, inaccurate, not current, or incomplete, Astrojasta has the
right to suspend or terminate any further purchases by you through
the Site and refuse any and all current or future use of the Site
by you, or any portion thereof for any reason at any time, and your
Carrier has the right to suspend or terminate further billing to
your billing account.
Astrojasta has
the right at any time to change any fees associated with the Site,
the Content or the Software. In the event of any fee changes by
Astrojasta, Astrojasta will provide you with commercially reasonable
notice of such change. You will have ten business days to accept
any new fees. In the event that you fail to accept the new fees
by written notice to Astrojasta, your subscription, plan or account,
as applicable, may be immediately terminated.
Astrojasta reserves
the right to collect applicable taxes and impose premium surcharges
for certain features on the Site.
C. REFUNDS
All Product
purchased through this Site are email deliverable. Consultation
reports will be attached to the email and will be in the form of
a MS Word or Adobe file. You agree to not hold this Site responsible
for not having the right device, software or platform to access
your email or the consultation reports. There are no refunds associated
with any purchase. You agree to provide the correct email address
where you would like the product purchased from this Site to be
sent. You agree to not hold this Site responsible for not providing
your correct contact information to this Site.
Astrojasta assumes
no liability for purchaser error, Software or Product purchased
for the wrong email address, device or platform, promotion codes,
gift certificates or discount coupons not provided at the time of
purchase or any purchased item after the purchase date for any reason
("Purchaser Errors"). Refunds for Astrojasta Errors will
be handled pursuant to the refund policies and procedures of your
Carrier. Astrojasta shall not be liable for any errors on billing
statements issued to you by your Carrier.
Astrojasta shall
not be liable or responsible for any Purchaser Errors. In no event
shall Astrojasta be liable for any defects or other problems associated
with purchases through the Site. There is no refund period. All
sales are final on the purchase, as applicable.
III. LIMITATION
OF LIABILITY AND WARRANTY
This disclaimer
of Astrojasta's liability applies to any damages or injury caused
by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorized access to, alteration
of, or use of record of the Site, whether for breach of contract,
tortious behaviour, negligence, or under any other cause of action.
Astrojasta shall
not be responsible for unauthorized access to or alteration of transmissions
or data, any material or data sent or received or not sent or received,
or any transactions entered into through the Site. You acknowledge
that Astrojasta is not responsible or liable for any threatening,
defamatory, obscene, offensive or illegal content or conduct of
any other users or third parties, or any infringement of another's
rights, including intellectual property rights. You further acknowledge
and accept full responsibility for any risk of injury from the foregoing.
Astrojasta shall not be liable for any termination, cessation, interruption
or cancellation of your password, account, access to the Site, the
Content or the Software, temporary or permanent. Astrojasta hereby
reserves the right to terminate your access to your password, account,
the Site or any Content or Software thereon or any portions thereof
and bar any further access to the same by you for any reason and
without prior notice to you.
Astrojasta is
neither responsible nor liable for any viruses or other contamination
of your computer system or other device used to access the Site
as a result of your use of the Site; or for any delays, inaccuracies,
errors, or omissions arising out of your use of the Site; or with
respect to the Content, Software or other material contained on
the Site, including without limitation, any material posted by Astrojasta
or any third party on the Site.
Astrojasta does
not recommend use of its service during certain activities, such
as automobile driving, where there exists a significant risk of
accident. You agree not to use Astrojasta's service or games during
such activities and acknowledge that any such use constitutes a
violation of these Terms and Conditions. Astrojasta will not be
responsible for any direct, incidental, consequential, special or
punitive damages resulting from such use.
Neither Astrojasta
nor any of its affiliates shall have any liability to you for usage
charges related to any device that you use to access the Site or
to use Astrojasta's services, including, without limitation, usage
charges for mobile telephones, Palm OS devices, Windows CE devices,
car navigation systems, pagers, Smartphones and other devices, whether
wireless, wireline, requiring cradle synchronization or otherwise.
YOU AGREE THAT
ALL INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED
MATERIALS CONTAINED WITHIN THE SITE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. ASTROJASTA AND ITS RESPECTIVE LICENSORS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, CONTENT, PRODUCTS, SERVICES AND RELATED MATERIALS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND
NON-INFRINGEMENT.
WITHOUT LIMITING
THE FOREGOING, ASTROJASTA MAKES NO WARRANTY OR REPRESENTATION, EITHER
EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL ASTROJASTA BE LIABLE
FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT, SOFTWARE
OR OTHER INFORMATION ON THE SITE, OR FOR ERRORS OR MISTAKES MADE
BY HUMANS OR MACHINES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
ASTROJASTA MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE
OF THE SITE UNDER ANY CIRCUMSTANCES. ASTROJASTA DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE CONTENT, SOFTWARE
OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING
THE CONTENT, SOFTWARE AND COMMUNITY SERVICES OR THE SERVER(S) ON
WHICH THE SITE IS OPERATED, IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
ANY REFERENCE
TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS SITE DOES NOT CONSTITUTE
AN ENDORSEMENT OR RECOMMENDATION BY ASTROJASTA OR ANY OF ITS EMPLOYEES.
ASTROJASTA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY
CONTENT ON THE SITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS SITE,
NOR DOES ASTROJASTA WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED
IN A THIRD PARTY SITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
NEITHER ASTROJASTA
NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS
TO OR USE THE SITE, THE CONTENT OR THE SOFTWARE OR OUT OF ANY BREACH
OF ANY WARRANTY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND
SOFTWARE ON THE SITE.
NO COMMUNICATION
OF ANY KIND BETWEEN YOU AND ASTROJASTA OR A REPRESENTATIVE OF ASTROJASTA
a SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER
OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS
AND CONDITIONS.
ASTROJASTA RESERVES
THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE MESSAGE BOARDS OR
OTHER AREAS OF THIS SITE THAT IT DETERMINES IN ITS SOLE DISCRETION
IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS
OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE
SITE.
IV. NOTICES
OF INFRINGEMENT OF INTELLECTUAL PROPERTY
If you know
or suspect that any Content or other materials or portions of the
Site constitute copyright infringement or other violations of local,
state, federal or international intellectual property laws, contact
Astrojasta at http://www.astrojasta.com/ContactUs.htm.
V. INDEMNITY
You agree to
indemnify and hold Astrojasta, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim, demand, lawsuits, or judgments, including
reasonable attorneys' fees and court costs, made by any third party
due to or arising from any content or materials developed by you,
content you submit, post, transmit or make available through the
Site; your use of the Site; your connection to the Site; any disputes
or issues between you and your Carrier; your violation of the Terms
and Conditions Agreement; your violation of any rights of another,
including intellectual property rights (infringement of a third
party's patent, trademark, or copyright, or misappropriation of
a trade secret); or losses resulting from someone else using your
account or password (including any unlawful or prohibited use of
the Site).
VI. SUPPORT
Subject to the
other provisions of the Terms and Conditions, Astrojasta will attempt
to help you with any queries or problems that you may have with
the Site or any of your purchases through the Site. To reach our
customer support team, please use our customer support form at http://www.astrojasta.com/ContactUs.htm.
Providing our representatives with all the information they need
to solve your problem as quickly will expedite your request for
assistance.
VII. PRIVACY
Any personal
information you provide to Astrojasta is used solely to provide
services you have requested, or to enhance your experience while
visiting the web site. To learn more about our Privacy Policy, please
visit at www.astrojasta.com/privacypolicy.htm.
VIII. GOVERNMENT
USE
If you are or
are acting on behalf of an agency or instrumentality of the United
States Government, the Software is "commercial computer software"
developed exclusively at private expense. Pursuant to Federal Acquisition
Regulation 12.212 or Defense Federal Acquisition Regulations 227
7202 and their successors, as applicable, use, reproduction, and
disclosure of the Software is governed by these Terms and Conditions.
IX. COPYRIGHT
NOTICE
All Content,
Software and other materials published on the Site are protected
by copyright, and owned or controlled by or licensed to Astrojasta,
or the party listed as the provider of the Content, Software or
other materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING
DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED.
You may download any downloadable materials displayed on the Site
for the specified uses only, provided that you maintain all copyright,
trademark, and other notices contained in such material, and you
agree to abide by all additional copyright notices, information,
or restrictions contained in any material accessed through the Site.
Except as expressly provided in a separate license agreement, Astrojasta
and its licensors of the Site materials do not grant any express
or implied rights to you under any patents, copyrights, trademarks,
or trade secret information. All content on the Astrojasta.com website
is Copyright ©2006 of Astrojasta, unless specified otherwise.
ALL RIGHTS RESERVED.
X. GOVERNING
LAW; MISCELLANEOUS
These Terms
and Conditions are governed in all respects by the laws of the State
of Texas. Any action brought in connection with the Site or Site
content shall be brought in, and adjudicated solely in state or
federal courts of the State of Texas located in the Tarrant County.
Both parties consent to extra-territorial service of process and
submit to the jurisdiction of said courts.
Communications
made through the Site's e-mail and messaging system shall in no
way be deemed to constitute legal notice to Astrojasta or any of
its officers, employees, agents or representatives, with respect
to any existing or potential claim or cause of action against Astrojasta
or any of its agencies, officers, employees, agents or representatives,
where notice to Astrojasta is required by contract, or any United
States or foreign federal, state or local laws, rules or regulations.
If any provision
of these Terms and Conditions is held to be invalid or unenforceable,
such provision shall be stricken and the remaining provisions shall
be enforced. Astrojasta's failure to act with respect to a breach
by you or others does not waive its right to act with respect to
subsequent or similar breaches.
These Terms
and Conditions set forth the entire understanding and agreement
of the parties as to the subject matter herein and supersede all
prior proposals, discussions or agreements with respect thereto.
Except as otherwise expressly provided in these Terms and Conditions,
there shall be no third party beneficiaries to these Terms and Conditions.
XI. STATUTE
OF LIMITATIONS
Any claim or
cause of action arising out of or related to use of the Site, the
Content, the Software or these Terms and Conditions must be filed
within one (1) year after such claim or cause of action arose regardless
of any status or law to the contrary. In the event any such claim
or cause of action is not filed within such one (1) year period,
such claim or cause of action shall be forever barred.
XII. TERMINATION
Astrojasta may
terminate your access to the Site, the Software, the Content, your
password and/or account or any portions thereof immediately and
without prior notice and without cause, including for, but not limited
to, any of the following occurrences, (a) breach or violation of
the Terms and Conditions Agreement, any other Terms and Conditions
for specified portions of the site or services, or any other terms,
policies or conditions of Astrojasta; (b) a period of inactivity
exceeding one (1) year; (c) a request by law enforcement or any
other governmental agency; (d) discontinuance or modification of
the Site, the Software or the Content; (e) a request by you to terminate
your access; (f) technical problems; (g) security issues; (h) as
required by any local, state or federal law.
Copyright and
Intellectual Property Agent
Astrojasta may
disable and/or terminate the accounts of users who may be infringing
the intellectual property rights of others at any time, in Astrojasta's
sole discretion and without notice to the user.
If you believe
that your work or the work of another has been copied in a way that
constitutes copyright infringement, or the violation of any other
intellectual property rights of yours, please provide Astrojasta's
Copyright Agent the following information:
1. a description
of the infringed work that you claim has been infringed;
2. a description
of where the allegedly infringed work is located on the site;
3. your address,
telephone number, and e-mail address;
4. a declaration
by you that you have a good faith belief that the allegedly infringing
use of the work is not authorized by the copyright or intellectual
property owner, its agent, or the law;
5. a declaration
by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf;
6. an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
Astrojasta's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
Astrojasta
3334 Harwood
Road #111
Bedford, TX
76021
Voicemail box:
641-985-5999 ext 17658
http://www.astrojasta.com/ContactUs.htm
In order to
obtain permissions to use Astrojasta's trademarks, service marks,
logos, trade names, trade dress, slogans, copyrighted materials,
or other brand features or materials, please contact Astrojasta
by mail at the address listed above.
|