Terms and conditions

The web site www.astrolutely.com (the “Site”) provides entertainment, information and reports related to astrology (the “Content”). The owner of astrolutely.com is PENNY THORNTON.

All texts, music, sound, photographs, video, graphics or other material used on www.astrolutely.com are property of the Owner. The Owner can be contacted at the following email address: [email protected].

ACCEPTANCE OF TERMS

The Owner makes the Site and all associated site materials available for Your access and use subject to Your compliance with these Terms of Service. These Terms of Service (hereinafter, the “Agreement”) constitute a legally binding agreement by and between the Owner and You (“You” or “Your”) concerning Your use of the Site and all services and materials available through the Site, including all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, ebooks etc.), e-mail or other communications, downloadable materials, files, text, images, products, reports or other Content made available or enabled via this Site by the Owner or any third party (collectively, “Site Materials”).

By accessing or using the Site in any manner, including using any Site Materials, You agree to and are bound by the Agreement. By accessing or using the Site, including any Site Materials, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and the Owner’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SITE MATERIALS.

CONTENT

The Site, the Site Materials, and the Content is provided to You for entertainment purposes only. YOU SHOULD REVIEW AND USE ALL INFORMATION ON THE SITE, THE SITE MATERIALS, AND THE CONTENT-INCLUDING ANY EMAIL MESSAGES OR REPORTS RELATED TO THE SITE-WITH COMMON SENSE. BY USING THE SITE, THE SITE MATERIALS, AND THE CONTENT, YOU EXPRESSLY AGREE THAT NO GUARANTEE CAN BE GIVEN FOR THE ACCURACY OF ASTROLOGICAL OR DIVINATORY INFORMATION. MOREOVER, THE EDITOR IS NOT RESPONSIBLE FOR HOW YOU INTERPRET OR APPLY ANY ASTROLOGICAL OR DIVINATORY INFORMATION IN THE SITE, THE SITE MATERIALS, AND/OR THE CONTENT.

By using the Site, the Site Materials, and the Content, You expressly agree that You will not use any information therein in place of information or advice given to you by professional providers. If You are facing serious problems-including, but not limited to chronic illness, mental instability, legal issues, or serious financial issues-You should consult a registered health care or legal or financial professional, as applicable, as soon as possible.

Although the Content may be viewed via a standard Internet connection and the Web Site and certain e-mail/offerings are free and open to the public, certain premium Content may require registration and/or payment (the “Premium Content”). Premium Content is available to individuals over the age of 18. In addition, the Owner does not permit use of the Premium Content by residents of any jurisdiction that may prohibit our Content. You certify that the information given to the Owner on registration is true and complete. The Owner will not be responsible for any false statements made in registration.

Some characters, places, situations and events appearing in the texts and stories provided to You via the Site, the Site Materials and/or the Content are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.

PERMISSION TO USE THE SITE

BY USING THE SITE AND ACCESSING THE SITE MATERIALS AND/OR THE CONTENT, YOU REPRESENTAND WARRANT THAT YOU ARE OF THE AGE OF LEGAL MAJORITY IN THE JURISDICTION OF YOUR RESIDENCE AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. The Owner may in its discretion refuse permission to access and use the Site.

CONSENT TO RECEIVE EMAIL

By submitting Your email address on the Site, You consent to receive periodic email communications from the Site concerning its products and services. You may opt-out of receiving email communications at any time by following the unsubscribe instructions contained in each email.

THIRD PARTY LINKS

You may find links to third party sites or resources on this Site. You acknowledge and agree that the Owner is not responsible for the availability of such third-party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources.

OWNERSHIP AND PERMITTED USES

The Site, and all Content and other elements available on or through the Site, are the property of the Owner and/or its Content providers, and are protected by the laws of the country where web servers are located, and other countries, including their copyright and trademark laws. Your use of the Site does not transfer to You any ownership or other rights in the Site or its Content. The Site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Owner.

TRADEMARK INFORMATION

Astrolutely.com, and other marks and logos associated with Astrolutely.com content appearing on the Site are trademarks, trade names and Content marks owned by the Owner. You agree not to use any of these marks, logos or contentwithout the prior written consent of the Owner

REGISTRATION DATA

You agree to provide true, accurate, current complete information about yourself as prompted by the Site’s registration form (the “Registration Data”). If You fail to do so, the Owner has the right to suspend or terminate Your account and refuse any and all current or future use of the Site.

PRIVACY POLICY

By using the Site, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. The Owner encourages You to review the Privacy Policy on a regular basis for any updates or changes. For more information, see the full Privacy Policy.

INDEMNITY

You agree to defend, indemnify and hold the Owner and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives (collectively, the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees and other legal costs and fees arising out of or relating to (a) Your breach of the Agreement, (b) Your access to our use of the Site, the Site Materials, and/or the Content, (c) Your provision to the Indemnified Parties of information or other data and/or (d) Your violation of any rights of any third party based on or related to Your use of the Site. The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defence by You of any claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any such claim without the prior written consent of the concerned Indemnified Parties.

INTELLECTUAL PROPERTY

The Site, the Site Materials, and all Content located on the Site, including without limitation the Premium Astrology name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of the Owner and/or its licensors. Except as explicitly provided, neither Your use of the Site, the Site Materials, and the Content, nor your entry into this Agreement, grant You any right, title or interest in or to any such Content or Materials. ASTROLUTELY and all images and logos are trademarks of the Owner. The Site, the Site Materials, and the Content are Copyright © 2000 to the present, Astrolutely.com

DMCA POLICY

If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want the Owner to delete, edit, or disable the material in question, You must provide the Owner with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Owner to locate the material; (d) information reasonably sufficient to permit the Owner to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to the Owner’s designated agent at: Avalon Accountants C/O Thornton Enterprises, 12 Park Lane, Tilehurst, Reading RG31 5DL – ENGLAND

[email protected]

MODIFICATION OF THE AGREEMENT AND PRIVACY POLICY

The laws, rules and regulations pertaining to Internet content change frequently. Accordingly, THE OWNER RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY POLICY AT ANY TIME. The Owner reserves the right at any time to modify, suspend or terminate the Site (or any portion of it), and/or Your use of or access to the Site, and/or the Content with or without notice. The Owner will not be liable to You or any third-party for any modification, suspension, or termination of the Site.

The Owner may modify the Agreement at any time by posting the amended terms on the Site, without notice to You. Your use of the Site after such posting will constitute consent to the modified Agreement. The current version of the Agreement will always be available on this page.

Similarly, the Owner may modify the Privacy Policy at any time by posting the amended terms on the Site, without notice to You. Unless the Owner obtains Your express consent, any revised Privacy Policy will apply only to information collected by the Owner after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

PREMIUM CONTENT REFUND POLICY

Astrolutely has several products better referred to as “Premium Content”. ANY PRODUCT purchased at www.astrolutely.com falls under the name “Premium Content”. If you are unsatisfied with any Premium Content purchase, you may apply for a refund within six (6) days of your purchase by contacting the Owner at [email protected]. All sales are final after six (6) days from the delivery of the Premium Content to You, at which point no refund will be issued.

RECURRING TRANSACTION CANCELLATION AND REFUND POLICY

When you purchase a subscriptionto the Audio Forecastswith PayPal or with a credit or debit card, the details you provide during registrationwill be charged the initial membership fee upon Your enrolment. If You do not cancel your subscription within thirty (30) days of your enrolment, Your Card/Paypal account will be charged the monthly subscription fee disclosed to You at the time of Your enrolment. YOUR ACTIVE CARD/YOUR PAYPAL ACCOUNT WILL BE CHARGED THE MONTHLY SUBSCRIPTION FEE EVERY THIRTY (30) DAYS FROM THE DATE YOUR MEMBERSHIP BEGINS, UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THIS AGREEMENT.

You expressly authorize the Owner (or its partners, affiliates, and/or agents) to charge Your Active Card/Paypal account the recurring Monthly Membership Fee. You acknowledge and agree that the Owner will not obtain additional authorization from You for each Monthly Membership Fee charged to Your Active Credit Card. THE OWNER DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY OVERDRAFT CHARGES OR FEES YOU MAY INCUR FROM YOUR CARD ISSUER OR BANK FOR INSUFFICIENT FUNDS. All delinquent charges and charges not honoured by Your Active Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s). Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes You may have raised regarding Your invoiced charges, provided however that any disputed charges which are resolved in Your favour will not be assessed a late fee or have the late fee removed from the charges.

You may cancel your audio membership at any time by contacting the Owner at
[email protected].

If you are unsatisfied with Your audio membership, you may apply for a refund within six (6) Days of Your enrolment by contacting the Owner to cancel.

WARRANTY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE OWNER DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EDITOR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.

THE OWNER MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM THE EDITOR, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.

LIABILITY LIMITATION

TO THE FULL EXTENT PERMITTED BY LAW, THE JURISDICTION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF THE EDITOR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE CONTAINT RESULTING FROM ANY DATA, INFORMATION OR CONTENT OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Site, the Site Materials, and the Content will be in accordance with the Agreement and any other policies of the Owner, as well as any applicable laws or regulations.

DISPUTES GOVERNING LAW

This Agreement shall be treated as though it were executed and performed in the country which the company is established and shall be governed by and construed in accordance with the laws of such country (without regard to conflict of laws principles).

(a) REQUIREMENT OF ARBITRATION

BY USING THE SITE, THE SITE MATERIALS, AND/OR THE CONTENT, YOU THEREBY AGREE WITH THE OWNER THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE OWNER WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION OF THE LAWS IN THE COUNTRY IN WHICH THE ENTERPRISE IS ESTABLISHED. AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH THE OWNER OR THE OWNER INDEMNIFIED PARTIES, OR ANY CLAIM THE OWNER HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SITE MATERIALS, THE CONTENT, AND/OR ANY ADVERTISING RELATING TO THE SITE, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING (1) CLAIMS BY THE OWNER TO COLLECT FROM YOU UNPAID FEES AND LATE FEES; AND (2) ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE “REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF” SUBSECTION. EXCEPT AS OTHERWISE EXPLICITYLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE LAWS OF THE COUNTRY IN WHICH THE ENTERPRISE IS ESTABLISHED.

(b) WAIVER OF RIGHT TO A JURY TRIAL

BY REGISTERING FOR OR USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ALSO ARE AGREEING WITH THE OWNER THAT YOU AND THE OWNER HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, THE OWNER OR THE INDEMNIFIED PARTIES, BOTH YOU AND THE EDITOR STILL AGREE TO WAIVER TRIAL BY JURY.

(c) JOINDER OF CLAIMS

BY USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ARE FURTHER AGREEING WITH THE OWNER THAT NEITHER YOU NOR THE OWNER WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR THE OWNER WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

(d) NO EFFECT ON SUBSTANTIVE RIGHTS

THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR THE OWNER’S SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE SITE, THE SITE MATERIALS, OR THE CONTENT TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST THE OWNER AND THE INDEMNIFIED PARTIES OR ON YOUR BEHALF.

(e) FINALITY, APPLICATION OF ARBITRATION AWARD

ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(f) INTERPRETATION

In rendering an award, the arbitrator shall apply the substantive and procedural law of The United Kingdom, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.

(g) HEARINGS; FEES & COSTS

Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Simplified Rules would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Simplified Rules, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys’ fees.

(h) REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF

This agreement to arbitrate will not preclude either You or the Owner from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either You or The Owner from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of You, The Owner or third parties. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE COURTS LOCATED IN THE COUNTRY IN WHICH THE ENTERPRISE IS ESTABLISHED; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.