Terms and
Conditions Of
Use:
THE FOLLOWING
SETS FORTH THE
TERMS AND
CONDITIONS UNDER
WHICH
ContentaDay.com
("ContentaDay.com"
OR "WE" OR
"OUR") OFFERS
YOU ACCESS TO
OUR SERVICES.
WHEN USING
ContentaDay.com'S
SERVICES, YOU
("MEMBER" OR
"YOU" OR "YOUR")
AGREE TO THE
TERMS AND
CONDITIONS
DESCRIBED HEREIN
("TERMS OF
SERVICE").
ACCEPTANCE OF
TERMS OF
SERVICE: PLEASE
READ THESE TERMS
OF SERVICE
CAREFULLY BEFORE
USING
ContentaDay.com
(THIS
"WEBSITE"),
INCLUDING THE
SERVICES
PROVIDED
THEREIN. BY
USING THIS
WEBSITE, YOU
SIGNIFY THAT YOU
AGREE WITH THESE
TERMS OF
SERVICE. THESE
TERMS OF SERVICE
MAY BE AMENDED
OR CHANGED BY
ContentaDay.com
AT ANY TIME IN
ITS DISCRETION
BY POSTING THE
AMENDED TERMS ON
OUR WEBSITE. YOU
AGREE THAT YOUR
CONTINUED USE OF
THIS WEBSITE
AFTER SUCH
AMENDMENT OR
CHANGE SHALL
SIGNIFY YOUR
ACCEPTANCE OF
SUCH CHANGE.
THIS AGREEMENT
MAY NOT BE
OTHERWISE
AMENDED OR
CHANGED EXCEPT
BY A WRITING
SIGNED BY BOTH
YOU AND
ContentaDay.com.
1.
DESCRIPTION OF
ContentaDay.com:
ContentaDay.com
provides
astrological and
other divination
content,
reports, and
data ("Content")
via the World
Wide Web,
electronic mail,
and on
ContentaDay.com's
own system. Some
portions of the
Content may be
viewed simply by
visiting the
ContentaDay.com
site (the
"General
Services"), and
other more
personalized
astrological
content/reports
and services can
be ordered from
ContentaDay.com
(the
"Personalized
Services"). The
General Services
and the
Personalized
Services are
referred to
collectively in
these Terms of
Service as the
"Services." In
consideration
for the
Personalized
Services, Member
agrees to: (1)
provide certain
current,
complete, and
accurate
information
about Member as
prompted to do
so by
ContentaDay.com
and (2) maintain
and update this
information as
required to keep
it current,
complete and
accurate. All
information that
We request and
You provide on
all order forms,
sign-up forms
and other forms,
and all updates
thereto, are
referred to in
these Terms of
Service as
"Order Input."
2. MEMBER
ELIGIBILITY:
The Services
are available
only to
individuals who
can form legally
binding
contracts under
applicable law.
Without limiting
the foregoing,
the Services may
not be used by
minors (unless
aged 13 or older
and supervised
by a parent or
legal guardian)
or temporarily
or indefinitely
suspended
ContentaDay.com
members. If you
do not qualify,
please do not
use the
Services.
3. MEMBER
ORDER INPUT
DATA:
Upon placing
an order,
including Your
provision of
Order Input, You
will receive an
ContentaDay.com
order number
("ID"). You are
entirely
responsible for
the accuracy of
the Order Input,
including but
not limited to
names, Dates of
Birth, and email
addresses. If
incorrect Input
Data was
submitted,
ContentaDay.com
cannot provide a
free report to
correct the
Order Input
error. You are
responsible for
maitaining the
confidentiality
of Your
ContentaDay.com
ID. You are
responsible for
all uses of Your
account, whether
or not actually
or expressly
authorized by
you.
4. OUR ACCESS
TO YOUR ACCOUNT:
In order to
ensure that
ContentaDay.com
is able to
provide high
quality
services,
respond to
customer needs,
and comply with
laws, You hereby
consent to
ContentaDay.com
employees and
agents being
able to access
Your account and
records on a
case-by-case
basis to
investigate
complaints or
other
allegations or
suspected abuse.
5.
MODIFICATION TO
SERVICES;
BREACH;
TERMINATION:
ContentaDay.com
may modify or
discontinue (in
whole or in
part) its
Services or Your
account with us,
with or without
notice, for any
reason without
liability to
You, any other
user, or any
third party.
Without limiting
the foregoing,
We reserve the
right to
terminate Your
account
immediately (a)
if We are unable
to verify or
authenticate
Your Order Input
or other
information
provided by You,
(b) if We
believe that
Your actions may
cause legal
liability for
You,
ContentaDay.com,
or all or some
of Our other
users, or (c) if
We believe You
have (i)
provided us with
false or
misleading Order
Input or other
information,
(ii) interfered
with other users
or the
administration
of the Services,
or (iii)
violated these
Terms of Service
or our Privacy
Policy.
6. PRIVACY
POLICY:
Privacy is
very important
to us, and as
such, Our
Privacy Policy,
as it may be
updated from
time to time,
available on the
Website, is
incorporated
into these Terms
of Service by
this reference.
We reserve the
right to change
our Privacy
Policy from time
to time by
replacing the
existing Privacy
Policy with such
revised Privacy
Policy on the
Website. We
encourage You to
regularly check
our Privacy
Policy for
changes.
7. POLICY ON
ORDERS AND
REPORTS:
No
cancellations,
returns,
refunds,
exchanges or
credits. Prices
& Products
subject to
change without
notice.
Customer/viewer/buyer
is solely
responsible for
accurately
filling out
order form and
selecting
appropriate
report.
ContentaDay.com
is not
responsible for
typos or
mistakes in the
ordering
information
entered by
customer.
Because all
orders are
processed
immediately upon
submission, no
cancellations
allowed or
accepted once an
order has been
submitted.
The
turn–around
times quoted
throughout this
web site are our
best estimates
of the amount of
time it will
take us to
process your
requests for
services and
return the
information to
you. Where
turn-around
times are listed
as "days", or
"hours", we’re
referring to
business days
and business
hours.
ContentaDay.com
is not
responsible for
delays caused by
any factors
outside of the
ContentaDay.com
system/website.
8.
VIEWER/VISITOR
BEHAVIOUR AND
RESTRICTIONS;
COMPLIANCE WITH
LAWS:
Your right to
use the Services
is personal to
You. You
represent that
You are an
individual and
that You are not
a corporation or
other business
entity. You
agree not to
resell or make
any commercial
use of the
Services without
the express
written consent
of
ContentaDay.com.
You are solely
responsible for
the contents of
Your
transmissions
through Our
Website. Your
use of the
Services is
subject to all
applicable
local, state,
national and
international
laws and
regulations. You
agree: (1) to
comply with all
U.S. laws
regarding the
transmission of
technical data
exported from
the United
States through
the Service; (2)
not to use the
Website or the
Services for
illegal
purposes; (3)
not to interfere
or disrupt
networks
connected to
ContentaDay.com;
(4) to comply
with all
regulations,
policies and
procedures of
networks
connected to the
ContentaDay.com
Website; and (5)
to comply with
all applicable
domestic and
international
laws, statutes,
ordinances and
regulations
regarding Your
use of the
Services.
ContentaDay.com
makes use of the
Internet to send
and receive
certain
messages;
therefore, Your
conduct is
subject to
Internet
regulations,
policies, and
procedures. You
will not use
ContentaDay.com
for chain
letters, junk
mail, spamming,
or any use of
distribution
lists to any
person who has
not given
specific
permission to be
included in such
a process. You
agree not to
transmit through
ContentaDay.com
any unlawful,
harassing,
libelous,
abusive,
threatening,
harmful, vulgar,
obscene or
otherwise
objectionable
material of any
kind or nature.
You further
agree not to
transmit any
material that
encourages
conduct that
could constitute
a criminal
offense, give
rise to civil
liability, or
otherwise
violate any
applicable
local, state,
national or
international
law or
regulation.
Attempts to gain
unauthorized
access to other
computer systems
are prohibited.
You shall not
interfere any
other
ContentaDay.com
member's use or
enjoyment of the
Website or
Services.
9. NO
WARRANTY. YOU
UNDERSTAND AND
AGREE THAT:
(A) THE
SERVICES ARE
PROVIDED
"AS-IS".
ContentaDay.com
ASSUMES NO
RESPONSIBILITY
FOR AVAILABILITY
(OR LACK
THEREOF),
TIMELINESS (OR
LACK THEREOF),
DELETIONS,
MISDELIVERIES,
OR FAILURES TO
STORE ANY MEMBER
COMMUNICATIONS
OR
PERSONALIZATION
SETTINGS;
(B) IN
PARTICULAR, BUT
NOT BY WAY OF
LIMITATION,
ContentaDay.com
MAY DELETE
E-MAIL OR OTHER
ORDER
INFORMATION OR
THE INFORMATION
THEREIN IF THE
ORDER WAS PLACED
MORE THAN NINETY
(90) DAYS AGO;
(C) USE OF
THE SERVICES IS
AT YOUR SOLE
RISK, AND YOU
WILL BE SOLELY
RESPONSIBLE FOR
ANY DAMAGE TO
YOUR COMPUTER
SYSTEM OR LOSS
OF DATA THAT
RESULTS FROM THE
DOWNLOAD OF SUCH
MATERIAL AND/OR
DATA;
(D)
ContentaDay.com,
ON BEHALF OF
ITSELF AND ITS
SUPPLIERS,
DISCLAIMS ALL
WARRANTIES OF
ANY KIND,
EXPRESS OR
IMPLIED,
INCLUDING
WITHOUT
LIMITATION ANY
WARRANTY OF
MERCHANTABILITY,
FITNESS FOR A
PARTICULAR
PURPOSE, TITLE,
OR
NON-INFRINGEMENT
AND IT MAKES NO
WARRANTY OR
REPRESENTATION
REGARDING THE
RESULTS THAT MAY
BE OBTAINED FROM
THE USE OF
CONTENT OR
SERVICES, THE
ACCURACY OR
RELIABILITY OF
ANY CONTENT
OBTAINED THROUGH
THE SERVICES,
ANY GOODS OR
SERVICES
PURCHASED OR
OBTAINED THROUGH
ContentaDay.com'S
WEBSITE, OR ANY
TRANSACTIONS
ENTERED INTO
THROUGH
ContentaDay.com'S
SITE, AND MAKES
NO WARRANTY THAT
THE SERVICES
WILL MEET YOUR
REQUIREMENTS, BE
UNINTERRUPTED,
TIMELY, SECURE
OR ERROR FREE.
NO ADVICE OR
INFORMATION,
WHETHER ORAL OR
WRITTEN,
OBTAINED BY
MEMBER FROM
ContentaDay.com
OR THROUGH THE
SERVICES SHALL
CREATE ANY
WARRANTY. SOME
JURISDICTIONS DO
NOT ALLOW THE
EXCLUSION OF
CERTAIN
WARRANTIES, SO
SOME OR ALL OF
THE ABOVE
EXCLUSIONS MAY
NOT APPLY TO
YOU.
10.
LIMITATIONS OF
LIABILITY.
IN NO EVENT
WILL
ContentaDay.com
OR ITS SUPPLIERS
BE LIABLE FOR
ANY DIRECT,
INDIRECT,
INCIDENTAL,
SPECIAL,
CONSEQUENTIAL OR
PUNITIVE DAMAGES
OF ANY KIND,
INCLUDING BUT
NOT LIMITED TO
DAMAGES FOR LOSS
OF PROFITS,
(COLLECTIVELY,
"INDIRECT
DAMAGES")
ARISING OUT OF
OR IN CONNECTION
WITH OUR
WEBSITE, THE
SERVICES, OUR
PRIVACY POLICY,
OR THESE TERMS
OF SERVICE
(HOWEVER
ARISING,
INCLUDING
NEGLIGENCE).
WITHOUT LIMITING
THE FOREGOING,
ContentaDay.com
AND ITS
SUPPLIERS WILL
NOT BE LIABLE
FOR INDIRECT
DAMAGES ARISING
OUT OF OR IN
CONNECTION WITH:
(A) THE USE
OF OR THE
INABILITY TO USE
THE SERVICES;
(B) ANY GOODS
OR SERVICES
PURCHASED OR
OBTAINED THROUGH
ContentaDay.com'S
SITE, OR
MESSAGES
RECEIVED OR
TRANSACTIONS
ENTERED INTO
THROUGH
ContentaDay.com'S
SERVICES;
(C) LOSS OF,
UNAUTHORIZED
ACCESS TO OR
ALTERATION OF A
USER'S
TRANSMISSIONS OR
DATA; OR
(D) FOR THE
COST OF
PROCUREMENT OF
SUBSTITUTE GOODS
AND SERVICES,
EVEN IF
ContentaDay.com
HAD BEEN ADVISED
OF THE
POSSIBILITY OF
SUCH DAMAGES.
SOME
JURISDICTIONS DO
NOT ALLOW THE
EXCLUSION OR
LIMITATION OF
INCIDENTAL OR
CONSEQUENTIAL
DAMAGES, SO SOME
OR ALL OF THE
ABOVE
LIMITATIONS OR
EXCLUSIONS MAY
NOT APPLY TO
YOU. THE
LIABILITY OF
ContentaDay.com
AND ITS
SUPPLIERS TO YOU
OR ANY THIRD
PARTIES ARISING
OUT OF OR IN
CONNECTION WITH
OUR WEBSITE, THE
SERVICES, OUR
PRIVACY POLICY,
OR THESE TERMS
OF SERVICE
(HOWEVER
ARISING,
INCLUDING
NEGLIGENCE) IS
LIMITED TO THE
GREATER OF (A)
THE AMOUNT OF
FEES YOU PAY TO
US IN THE TWELVE
(12) MONTHS
PRIOR TO THE
ACTION GIVING
RISE TO
LIABILITY, AND
(B) $100.
11.
INDEMNIFICATION:
You agree to
indemnify,
defend, and hold
harmless
ContentaDay.com
and its parent,
subsidiaries,
affiliates,
officers,
directors,
employees,
suppliers,
consultants and
agents from any
and all third
party claims,
liability,
damages and/or
costs
(including, but
not limited to,
attorneys fees)
arising from
Your use of the
Services, Your
violation of the
Privacy Policy
or these Terms
of Service, or
infringement by
You or any other
user of Your
account of any
intellectual
property or
other right of
any person or
entity. These
Terms of Service
will inure to
the benefit of
ContentaDay.com's
successors,
assigns, and
licensees.
12.
PROPRIETARY
RIGHTS TO
CONTENT:
You
acknowledge that
Content,
including but
not limited to
text, software,
music, sound,
photographs,
video, graphics
or other
material
contained in
either sponsor
advertisements
or distributed
via email,
commercially
produced
information
presented to
Member by
ContentaDay.com,
its suppliers,
and/or
advertisers, is
protected by
copyrights,
trademarks,
service marks,
patents and/or
other
proprietary
rights and laws.
You are only
permitted to
copy, use,
reproduce,
distribute, or
create
derivative works
from the Content
as expressly
authorized by
ContentaDay.com,
its suppliers,
or advertisers.
13. NOTICES.
Except as
otherwise stated
in these Terms
of Service, all
notices to a
party shall be
in writing and
shall be made
either via email
or U.S. mail.
Notice shall be
deemed given 24
hours after an
email is sent,
or 3 days after
deposit in the
U.S. mail, to
You at the
address provided
by You in the
Order Input and
to
ContentaDay.com
at the address
set forth below:
ContentaDay.com
6230 Wilshire
Blvd., #46
Los Angeles,
CA 90048
U.S.A.
14.
ARBITRATION;
INJUNCTIVE
RELIEF.
Any dispute,
controversy, or
claim arising
out of, relating
to, or in
connection with
this Agreement
shall be settled
by binding
arbitration in
accordance with
the commercial
arbitration
rules of the
American
Arbitration
Association
("AAA"). Any
such controversy
or claim shall
be arbitrated on
an individual
basis, and shall
not be
consolidated in
any arbitration
with any claim
or controversy
of any other
party. The
arbitration
shall be
conducted by a
single
arbitrator,
selected in
accordance with
the rules of the
AAA, in Los
Angeles,
California, and
judgment on the
arbitration
award may be
entered in any
court having
jurisdiction
thereof.
Notwithstanding
the foregoing,
either party has
the right to
seek any interim
or preliminary
relief from a
court of
competent
jurisdiction in
California in
order to protect
the rights of
such party
pending the
completion of
any arbitration
hereunder, and
both parties
agree to submit
to the exclusive
jurisdiction of
the courts of
the State of
California and
venue in Los
Angeles,
California for
any such
proceeding. If
either party
files an action
contrary to this
provision, the
other party may
recover
attorneys' fees
and costs up to
one thousand
dollars (US
$1,000).
15. GENERAL
PROVISIONS:
These Terms
of Service will
be governed by
and construed in
accordance with
the laws of the
State of
California
without giving
effect to any
choice of law
principles that
would require
the application
of the laws of a
different state.
If for any
reason a court
of competent
jurisdiction
finds any
provision or
portion of these
Terms of Service
or Privacy
Policy to be
unenforceable or
invalid, such
provision shall
be changed and
interpreted so
as to best
accomplish the
objectives of
such
unenforceable or
invalid
provision within
the limits of
applicable law,
and the
remainder of the
Terms of Service
or Privacy
Policy, as
applicable, will
continue in full
force and
effect. Headings
are for
reference
purposes only
and in no way
define, limit,
construe, or
describe the
scope or extent
of such section.
Any waiver of
any provision of
the Terms of
Service will be
effective only
if in writing
and signed by
ContentaDay.com.
These Terms of
Service
constitute the
entire agreement
between the
parties with
respect to the
subject matter
hereof and
supersedes and
replaces all
prior or
contemporaneous
understandings
or agreements,
written or oral,
regarding such
subject matter.
click here for
IMPORTANT LEGAL
DISCLAIMERS