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Terms of Service

Last updated on: 05/01/2017

ACCEPTANCE OF TERMS

The following terms and conditions (collectively with the Privacy Policy at http://www.horoscope.games/privacy, the “Terms of Service”) are a legally binding agreement between each user (“you” or “your”) and Horoscope.Games. (“Horoscope.Games,” “we,” “us,” “our” or “ours”) and apply to www.horoscope.games and the content, features, services, social media channels and applications offered by Horoscope.Games (collectively “Service”). By accessing or using the Service, you are indicating that you have read and understand these Terms of Service, that you will abide by all of their terms and conditions and that you have reached the age of majority in your jurisdiction of residence. If you do not agree to any of these terms and conditions, please do not use the Service.

UPDATES TO TERMS

We reserve the right to change any terms of these Terms of Service at any time without prior notice to you. You agree that our posting of revised Terms of Service on our Service will constitute notice to you of such revised Terms of Service and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms of Service. Consequently, please review these Terms of Service before each and any access or use of our Service. Any changes to these Terms of Service will become a part of these Terms of Service and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Service. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Service.

Horoscope.Games CONTENT DEFINED

The “Horoscope.Games Content” includes all materials that are included in, made available on or are otherwise a part of the Service (including past, present and future versions of the Service). For example, our Horoscope.Games Content includes any and all domain names, text, blogs, articles, emails, photos, images, illustrations, videos, application software, technologies, source and object codes, designs, graphics, layouts, artwork and the “look and feel” of the Service.

TRADEMARKS

The Horoscope.Games Content also includes Horoscope.Games marks and logos that are trademarks or service marks of ours. All other trademarks, service marks and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are not granted any rights to use any trademarks, service marks or logos through your to access the Service.

COPYRIGHT PROTECTION

The Horoscope.Games Content and the Service are protected by copyright as a collective work or compilation under the copyright laws of the United States, and other countries. Further, each individual element of the Horoscope.Games Content constitutes a copyrighted work, and you must abide by all additional copyright notices or restrictions contained in this Service. Unless specifically and expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, translate, broadcast, create derivative works from, transmit, sell, offer to sell or in any way exploit any Horoscope.Games Content, in whole or in part. In other words, the Service and each individual element of Horoscope.Games Content are protected from unauthorized copying, distribution, publication, dissemination and other use by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as specifically and expressly stated in these Terms of Service or otherwise granted to you in writing, no rights (by implication, estoppel or otherwise) are granted to you. Any and all rights not expressly and specifically granted are hereby reserved. Nothing in these Terms of Service will affect, impair or limit in any way our rights to fully exploit any and all of the Horoscope.Games Content and Service. To the extent the Horoscope.Games Content and Service, or any element thereof, are not protected by copyright laws, all such Horoscope.Games Content and/or elements of the Service are proprietary to Horoscope.Games and are similarly protected from unauthorized copying, distribution, publication, dissemination and other use.

PERSONAL USE

We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play the Horoscope.Games Content. This license is subject to your full compliance with these Terms of Service. You may also make one (1) occasional print copy of articles of personal interest to you. You may not distribute, sell or offer for sale the Service, Horoscope.Games Content, or any element thereof. In addition, Horoscope.Games Content may not be used to construct any kind of database.

USER GENERATED CONTENT

You understand that all information, including your name and email address, data, including your IP address and other personally and non-personally identifiable information you publicly post while using the Service, including information we collect from your social media profiles if you access the Service through our social media channels; or other content of any kind, uploaded, posted, made available, shared or transmitted by you or another user to or through the Service (each and all of the foregoing, “User Content”) is the sole responsibility of the person from whom such User Content originated (please see our Privacy Policy for further information about how we treat your personally-identifiable information). We do not control such User Content and do not make any guarantee whatsoever related to such User Content. By using the Service, you may be exposed to User Content, as well as material uploaded, posted, made available, shared or transmitted to or through the Service by us, that is offensive, indecent or objectionable. Under no circumstances will we be liable or responsible in any way for any claim related to such User Content or material.

While we have no obligation to review, monitor, display, accept or exploit User Content, we may, in our sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content at any time, for any reason, without notice or liability to you or any other party. By publicly posting your User Content to or on the Service, you grant us, and our affiliates and agents, a non-exclusive, irrevocable and royalty-free license in perpetuity throughout the universe to host, display, transmit, distribute, reproduce, modify, edit, translate, create derivative works from, store, archive, cache, sell, sublicense and otherwise use your User Content on the Service, and you release all moral rights and similar rights in and to your User Content. You further perpetually and irrevocably grant Horoscope.Games the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind to you or anyone else. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Service; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Service and grant Horoscope.Games these licenses. Upon Horoscope.Games request, you will furnish Horoscope.Games any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. Horoscope.Games reserves the right to remove any User Content from the Service or our social media channels at any time in our sole discretion.

YOUR CONDUCT

You will not use the Service to: violate any law or encourage or provide instructions to another to do so; upload, post, make available or otherwise transmit any User Content that is unlawful (including, without limitation, User Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right) or User Content that is confidential, harmful, threatening, harassing, abusive, inflammatory, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy or racially, ethnically or otherwise objectionable; misrepresent your identity; upload, post, make available or otherwise transmit that User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitations; upload, post, make available or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; act in a manner that negatively affects other users’ ability to use the Service; collect or store personal data about anyone; display, transmit, distribute, reproduce, modify, edit, create derivative works from, store, archive, cache, sell or offer for sale the Service, Horoscope.Games Content or any element thereof.

LINKS TO THE SERVICE

We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.

THIRD PARTY LINKS

We may provide, or third parties may provide, on or through the Service, links to other websites or resources. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such external sites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external sites or resources. These links sites are for your convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH SUCH LINK INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

SERVICE MODIFICATION OR TERMINATION

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. We may at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Service. We will not be liable or responsible to you or any third party for such termination.

DISCLAIMERS

THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Horoscope.Games AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES:

  • (A) DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE;
  • (B) DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE (REGARDLESS OF WHETHER Horoscope.Games HAS RECEIVED PAYMENT IN CONNECTION THEREWITH);
  • (C) DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE;
  • (D) THE CONTENT AVAILABLE ON OR THROUGH THIS SERVICE IS IN NO WAY INTENDED TO AND WILL NOT BE CONSTRUED TO: (i) CONSTITUTE PROFESSIONAL MEDICAL, HEALTH, LEGAL, TAX, OR FINANCIAL ADVICE; (ii) DIAGNOSE, CURE, OR TREAT ANY MEDICAL, HEALTH OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL, OR (C) RECOMMEND, ENDORSE, OR ADVICE REGARDING ANY MEDICAL OR FITNESS PRODUCT, PROGRAM OR TREATMENT.


FURTHER, Horoscope.Games RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH Horoscope.Games INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, Horoscope.Games DOES NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. Horoscope.Games IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

LIMITATION OF LIABILITY

Horoscope.Games IS NOT AND WILL NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING, AS A RESULT OF BREACH ANY TERMS OF THESE TERMS OF SERVICE), INCLUDING GOODS AND SERVICES PROVIDED BY THIRD PARTIES, INCLUDING ADVERTISERS, THAT ARE MADE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE.

INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Horoscope.Games, its officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your Horoscope.Games account, email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.

RELEASE

Not applicable in all jurisdictions; void where prohibited: If you have a dispute with one or more users of the Service, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You also waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state/provincial statute or principle of common law of any jurisdiction in Canada or the United States, or any political entity, nation, or province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.

MISCELLANEOUS

These Terms of Service constitute the entire agreement between you and us and govern your use of the Service. These Terms of Service supersede any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services. These Terms of Service are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect. The headings in these Terms of Service are for convenience only and have no legal or contractual effect.