Terms of Service
Welcome to Astromatrix! An online service that allows you to view astrological data and create charts and reports based upon birth data
The Astromatrix Service is provided by Astromatrix, Inc., however, we
will refer to our company and Service as “Astromatrix” to keep things
simple. Like all online services, we need to have a Terms of Service
(“Terms”). Please read these Terms carefully, and email us at admin@astromatrix.org if you have any questions. By accessing or using the Astromatrix Service, you agree to be bound by these Terms and by our Privacy Policy,
whether or not you are a registered user of our Service. These Terms
apply to all visitors, registered users, and others who access the
Service (“Users”).
1. Sharing Your Content
- Your content. Astromatrix allows saving of your information via Facebook intergration service. You
retain all of your rights in all of the User Content you post to our
Service.
- How long we keep your content: Astromatrix may retain your User
Content for a commercially reasonable period of time for backup,
archival, or audit purposes.
- Definition of Intellectual Property Rights.
When we refer to “Intellectual Property Rights” in these Terms, we
mean all patent rights; copyright rights; moral rights; rights of
publicity; trademark, trade dress and service mark rights (and
associated goodwill); trade secret rights; and all other intellectual
property and proprietary rights as may now exist or hereafter come into
existence, and all applications for any of these rights and
registrations, renewals and extensions of any of these rights, in each
case under the laws of any state, country, territory or other
jurisdiction.
- Feedback you provide: We value hearing
from our Users, and are always interested in learning about ways we can
make Astromatrix more awesome. You may choose to or we may invite you to
submit comments, ideas or feedback about the Service, including without
limitation about how to improve the Service or our products
(“Feedback”). By submitting any Feedback, you agree that your
disclosure is gratuitous, unsolicited and without restriction; your
disclosure will not place Astromatrix under any fiduciary or other
obligation; and we are free to use, disclose and otherwise exploit the
Feedback without any restriction and without additional compensation to
you. By acceptance of your submission, Astromatrix does not waive any
rights to use similar or related Feedback previously known to Astromatrix,
or developed by its employees, or obtained from sources other than you.
2. Astromatrix Content
- Astromatrix Content. Except for User
Content, the Service itself, all content and other subject matter
included on or within the Service, and all Intellectual Property Rights
in or related to the Service or any such content or other subject matter
(“Astromatrix Content”) are the property of Astromatrix as well as other sourced information.
Except as expressly provided in these Terms, you agree not to use,
modify, reproduce, distribute, sell, license, or otherwise exploit the
Astromatrix Content without our permission.
- Our license to you. We grant you a license to use the Service, including accessing and
viewing Astromatrix Content, for your personal, noncommercial use to allow
you to express yourself, discuss public issues, report on issues of
public concern, engage in parody and as expressly permitted by the
features of the Service. Astromatrix may terminate this license at any
time for any reason or no reason. Except for the rights and licenses
expressly granted, Astromatrix reserves all other rights and no other
rights are granted by implication or otherwise.
3. Using Astromatrix
- Astromatrix accounts. Creating an account
with Astromatrix gives you access to the Services in our sole discretion.
We may maintain different types of accounts for different types of
Users. If you open an account on behalf of a company, organization, or
other entity, then (a) “you” includes you and that entity, and (b) you
represent and warrant that you are an authorized representative of the
entity with the authority to bind the entity to these Terms, and that
you agree to these Terms on the entity’s behalf. By connecting to
Astromatrix with a third-party service (e.g., Facebook or Twitter), you
give us permission to access and use your information from that service
as permitted by that service, and to store your log-in credentials for
that service. For more information on the types of information we
collect from these third-party services, please read our Privacy Policy.
You agree not to use user names or board titles that are offensive,
obscene, or harassing to others. We reserve the right to require you to
change your user name or the title of your board at any time and for
any reason in our sole discretion.
- Terminating your account. You may close your account at any time by sending an email to admin@astromatrix.org.
We may permanently or temporarily terminate or suspend your User
account or access to the Service for any reason, without notice or
liability to you, including if in our sole determination you violate any
provision of our Acceptable Use Policy
or these Terms, or for no reason. Upon termination of your use of the
Service, you continue to be bound by Sections 1b (How Astromatrix and
other users can use your content), 1c (How long we keep your content),
1e (Feedback you provide), 1f (Definition of Intellectual Property
Rights), 2a (Astromatrix Content), 3 (Copyright Policy), 4c (Terminating
your account), 4f (Your interactions with other Users), and 6 through 12
(inclusive) of these Terms. For information about how your User
Content will be handled after any termination of your account, please
see the “How long we keep your content” section above.
- Your responsibility for your account. When
you create your Astromatrix account, you must provide us with accurate
and complete information. Please be sure to provide us with up to date
contact information for you so we know how to reach you. We encourage
you to use “strong” passwords (passwords that use a combination of upper
and lower case letters, numbers and symbols) with your account. You
are solely responsible for the activity that occurs on your account, and
you agree to keep your account login and password secure. You must
immediately notify Astromatrix of any compromise of your credentials you
become aware of and any unauthorized use of your account.
- Changes to the Service. Here at Astromatrix,
we’re always innovating and finding ways to provide our Users with new
and innovative features and services. Therefore, we may, without prior
notice, change the Service; add features, stop providing the Service or
features of the Service, to you or to Users generally; or create usage
limits for the Service.
- Your interactions with other Users. Please
keep in mind that you are solely responsible for your interactions with
other Users. We reserve the right, but have no obligation, to monitor
disputes between you and other Users. Astromatrix will have no liability
for your interactions with other Users, or for any User’s action or
inaction. Please help to make Astromatrix a positive and respectful
community.
5. Privacy and Security
We care about the privacy and security of our Users. You
understand that by using the Service you consent to the collection, use
and disclosure of your personally identifiable information and aggregate
data as set forth in our Privacy Policy,
and to have your Personally Identifiable Information collected, used,
transferred to and processed in the United States. While we work to
protect the security of your content and account, Astromatrix cannot
guarantee that unauthorized third parties will not be able to defeat our
security measures. You acknowledge that you provide your information
at your own risk.
6. Third-party Links, Sites and Services
The Service may contain links to third-party websites,
advertisers, services, special offers, or other events or activities
that are not owned or controlled by Astromatrix. Astromatrix does not
endorse or assume any responsibility for any such third-party sites,
information, materials, products, or services. If you access any third
party website, service, or content from the Service, you do so at your
own risk and you agree that Astromatrix will have no liability arising
from your use of or access to any third-party website, service, or
content.
7. Indemnity
You agree to indemnify and hold harmless Astromatrix and its
officers, directors, employees and agents, from and against any claims,
suits, proceedings, disputes, demands, liabilities, damages, losses,
costs and expenses, including, without limitation, reasonable legal and
accounting fees (including costs of defense of claims, suits or
proceedings brought by third parties), arising out of or in any way
related to (i) your access to or use of the Services or Astromatrix
Content, (ii) your User Content, or (iii) your breach of any of these
Terms.
8. Disclaimers
THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER
SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS"
AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Astromatrix SPECIFICALLY
DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT,
AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Astromatrix takes no responsibility and assumes no liability for
any User Content that you or any other User or third party posts or
sends over the Service. You are solely responsible for your User
Content and the consequences of posting or publishing it, and you agree
that we are only acting as a passive conduit for your AND OTHER USERS’
online distribution and publication of your AND THEIR User Content. You
understand and agree that you may be exposed to User Content that is
inaccurate, objectionable, inappropriate for children, or otherwise
unsuited to your purpose.
10. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE
SERVICES, Astromatrix CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU
USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER Astromatrix NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE
SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS
OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR
THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED
TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO
USE THE SERVICES, USER CONTENT, Astromatrix CONTENT, OR FROM ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT Astromatrix HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL Astromatrix’S AGGREGATE LIABILITY, OR THAT OF ITS
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR
INABILITY TO USE THE SERVICES, USER CONTENT OR Astromatrix CONTENT EXCEED
ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
Astromatrix AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND
LIMITATIONS MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the
United States. Astromatrix makes no representations that the Service is
appropriate or available for use in other locations. Those who access
or use the Service from other jurisdictions do so at their own volition
and are entirely responsible for compliance with all applicable
national, state, local or other laws, statutes, directives, rules,
regulations, and all interpretations or orders of any government,
administrative or regulatory authority or court, including but not
limited to those related to export and import of software, technical
information or services. You may not use the Service if you are a
resident of a country embargoed by the United States, or are a foreign
person or entity blocked or denied by the United States government.
Unless otherwise explicitly stated, all materials found on the Service
are solely directed to individuals, companies, or other entities located
in the United States.
11. Arbitration and Governing Law:
- For any dispute you have with Astromatrix, you agree to first contact us at admin@astromatrix.org
and attempt to resolve the dispute with us informally. In the unlikely
event that Astromatrix has not been able to resolve a dispute it has with
you after attempting to do so informally, we each agree to resolve any
claim, dispute, or controversy (excluding claims for injunctive or other
equitable relief) arising out of or in connection with or relating to
these Terms, or the breach or alleged breach thereof (collectively,
“Claims”), by binding arbitration by the American Arbitration
Association (“AAA”) under the Commercial Arbitration Rules and
Supplementary Procedures for Consumer Related Disputes then in effect
for the AAA, except as provided herein. Unless you and Astromatrix agree
otherwise, the arbitration will be conducted in the county where you
reside. Each party will be responsible for paying any AAA filing,
administrative and arbitrator fees in accordance with AAA rules, except
that Astromatrix will pay for your reasonable filing, administrative, and
arbitrator fees if your claim for damages does not exceed $75,000 and is
non-frivolous (as measured by the standards set forth in Federal Rule
of Civil Procedure 11(b)). The award rendered by the arbitrator shall
include costs of arbitration, reasonable attorneys’ fees and reasonable
costs for expert and other witnesses, and any judgment on the award
rendered by the arbitrator may be entered in any court of competent
jurisdiction. Nothing in this Section shall prevent either party from
seeking injunctive or other equitable relief from the courts for matters
related to data security, intellectual property or unauthorized access
to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE
THAT, BY ENTERING INTO THESE TERMS, YOU AND Astromatrix ARE EACH WAIVING
THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Governing Law. You agree that: (i) the Service shall be
deemed solely based in California; and (ii) the Service shall be deemed a
passive one that does not give rise to personal jurisdiction over
Astromatrix, either specific or general, in jurisdictions other than
California. These Terms shall be governed by the internal substantive
laws of the State of California, without respect to its conflict of laws
principles. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. We
each agree to submit to the personal jurisdiction of a state court
located in Santa Clara County, California or the United States District
Court for the Northern District of California, for any actions for which
either party retains the right to seek injunctive or other equitable
relief, as further described in the Arbitration provision above.
12. General Terms
- Notification Procedures and changes to these Terms.
Astromatrix may provide notifications, whether such notifications are
required by law or are for marketing or other business related purposes,
to you via email notice, “push” mobile notification, written or hard
copy notice, or through posting of such notice on our website, as
determined by Astromatrix in our sole discretion. Astromatrix reserves the
right to determine the form and means of providing notifications to you,
provided that you may opt out of certain means of notification as
described in these Terms and our Privacy Policy.
Astromatrix may, in its sole discretion, modify or update these Terms
from time to time, and so you should review this page periodically.
When we change the Terms in a material manner, we will update the ‘last
modified’ date at the bottom of this page. Your continued use of the
Service after any such change constitutes your acceptance of the new
Terms of Service. If you do not agree to any of these Terms or to any
future Terms of Service, do not use or access (or continue to access)
the Service. Astromatrix is not responsible for any automatic filtering
you or your network provider may apply to email notifications we send to
the email address you provide us.
- Assignment. These Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by you,
but may be assigned by Astromatrix without restriction. Any attempted
transfer or assignment in violation hereof shall be null and void.
- Restricted Rights. If the Mobile Software,
is being acquired on behalf of the United States Government, then the
following provision applies: This is commercial computer software. If
acquired by or on behalf of an agency, department, or other entity of
the United States Government (“Government”), the use, duplication,
reproduction, release, modification, disclosure, or transfer (“use”) of
this software, and any related documentation of any kind, including
technical data or manuals no matter how received by the Government, is
restricted by the terms and conditions of a license agreement in
accordance with Federal Acquisition Regulation 12.212 for civilian
agencies, and Defense Federal Acquisition Regulation Supplement 227.7202
for military agencies. All other use is prohibited.
- Export Control. Any software or technology
obtained from Astromatrix through the Service, including the Mobile
Software, originates in the United States, and is subject to United
States export laws and regulations. Such software and technology may
not be exported or re-exported to certain countries or those persons or
entities prohibited from receiving exports from the United States. In
addition, software and technology obtained from Astromatrix may be subject
to the import and export laws of other countries. It is your
responsibility to comply with all U.S. and foreign export and import
laws and regulations.
- Entire Agreement/Severability. These
Terms, together with any amendments and any additional agreements you
may enter into with Astromatrix in connection with the Service, shall
constitute the entire agreement between you and Astromatrix concerning the
Service. If any provision of these Terms is deemed invalid by a court
of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of the Terms, which
shall remain in full force and effect.
- No Waiver. No waiver of any term of these
Terms shall be deemed a further or continuing waiver of such term or any
other term, and Astromatrix’s failure to assert any right or provision
under these Terms shall not constitute a waiver of such right or
provision.
- Contact. Please contact us at admin@astromatrix.org with any questions regarding these Terms.