This Terms of Service ("Terms") is a legally binding agreement that governs the use of mysuperhoroscope.com ("My Super Horoscope") and our Application(s). By using or accessing 'My Super Horoscope' and any of its applications, you agree to be bound by these Terms.
'My Super Horoscope' is for entertainment purposes only, and does not guarantee, in any way, the accuracy of the content provided.
1. Access to MySuperHoroscope.com and its Applications
1.1. Subject to your acceptance of these Terms, you are granted a non-exclusive, non-transferable, revocable limited license to use 'My Super Horoscope' and related software (excluding source and object code) for your personal, non-commercial use. You agree not to use 'My Super Horoscope' for any other purpose. You also agree not to copy or distribute the content of the Service for any purpose.
1.2. 'My Super Horoscope' reserves the right to change these Terms in any way and at any time.
1.3. We will notify you of any modifications to these Terms by posting any modifications on the 'My Super Horoscope' blog, and / or Facebook Application Page. You agree that you will periodically check that page for updates to these Terms. You agree that you will be considered to have been given notice of any modifications once we post them and that your continued use of 'My Super Horoscope' after such notice shall be deemed an acceptance of any changes.
1.4. 'My Super Horoscope' reserves the right discontinue Service or to change the content of Service in any way and at any time, with or without notice to you, without liability.
1.5. You agree to be bound by any application, forum, or application specific rules published within 'My Super Horoscope'.
1.6. Your use of 'My Super Horoscope' is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of copyrights. 'My Super Horoscope' reserves the right to terminate your access to the Service without notice if you violate these Terms.
1.7. You represent that you are 13 years old or older. Additionally, if you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agrees to the Terms.
1.8. 'My Super Horoscope' applications are currently provided via the Android Market, which has its own Terms of Service which you must agree to in order to access the Android Market.
2. Ownership of Intellectual Property
2.1. Unless otherwise specified in writing, all materials that are part of 'My Super Horoscope' are owned, controlled, or licensed by 'My Super Horoscope' and are protected by law from unauthorized use. The entire contents of 'My Super Horoscope' is copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. 'My Super Horoscope' logo may not be used without the express written permission.
'Horoscope' content is provided by Astrology.com and is not property of 'My Super Horoscope.' Please review their terms of service.
2.2. You do not acquire any ownership rights by using 'My Super Horoscope', downloading material from or uploading material to 'My Super Horoscope', or by purchasing any virtual goods.
2.3. You agree not to copy, redistribute, publish or otherwise exploit material from 'My Super Horoscope', except as expressly permitted herein, without the express prior written permission.
3. User Content
4.1. 'My Super Horoscope' may invite you to participate in functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to 'My Super Horoscope' and/or to or via 'My Super Horoscope', including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to 'My Super Horoscope' will be treated as non-confidential and non-proprietary.
4.2. You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without 'My Super Horoscope' incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
4.3. You grant to 'My Super Horoscope' the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
4.4. 'My Super Horoscope' has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but 'My Super Horoscope' does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
4.5. 'My Super Horoscope' has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. 'My Super Horoscope' may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that 'My Super Horoscope' reserves the right to treat User Content as content stored at the direction of users for which 'My Super Horoscope' will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to 'My Super Horoscope'' attention.
5. Usage Rules
5.1. As a condition of your use of and access to 'My Super Horoscope', you agree to comply with these usage rules, which are provided as an example rather than as a limitation.
5.2. You agree that your use of and conduct on 'My Super Horoscope' shall be lawful and your User Content will not:
5.2.1. include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
5.2.2. include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
5.2.3. defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
5.2.4. promote violence or describe how to perform a violent act
5.2.5. violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
5.2.6. be in violation of these Terms or the application rules of conduct (collectively "Content Restrictions").
5.3. You and your activities on 'My Super Horoscope' will not:
5.3.1. reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
5.3.2. attempt to impersonate any other party;
5.3.3. create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
5.3.4. trick, defraud or mislead 'My Super Horoscope' and other users, especially in any attempt to learn sensitive account information such as passwords;
5.3.5. make improper use of 'My Super Horoscope'' support services or submit false reports of abuse or misconduct;
5.3.6. engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme;
5.3.7. disparage, tarnish, or otherwise harm 'My Super Horoscope';
5.3.8. violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by 'My Super Horoscope';
5.3.9. disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
5.3.10. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
5.3.12. reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that 'My Super Horoscope' creates to generate web pages or any software or other products or processes accessible through 'My Super Horoscope';
5.3.13. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
5.3.14. except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses 'My Super Horoscope', or use or launch any unauthorized script or other software;
5.3.15. disguise the source of your User Content or other information you submit to 'My Super Horoscope' or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access 'My Super Horoscope';
5.3.16. interfere with or circumvent any security feature of 'My Super Horoscope' or any feature that restricts or enforces limitations on use of or access to 'My Super Horoscope';
5.3.17. sell any part of 'My Super Horoscope'' content including but not limited to photographs, Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
5.3.18. engage in cheating or any other activity deemed by 'My Super Horoscope' to be in conflict with the spirit or intent of the Service.
5.4. 'My Super Horoscope' does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the applications or their forums and, therefore, 'My Super Horoscope' specifically disclaims any responsibility with regard thereto.
6. Privacy and Protection of Personal Information.
7. Account Responsibility
7.2. Users that maintain more than one account on Facebook may access 'My Super Horoscope' from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or 'My Super Horoscope' has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 'My Super Horoscope' has the right to suspend or terminate your ability to use the Service and refuse any and all current or future use of the Service (or any portion thereof).
8. In-Application currencies/goods
8.1. 'My Super Horoscope' may include a virtual, in-application currency ("Virtual Currency") including, but not limited to coins, cash, or points, that may be purchased from 'My Super Horoscope' for "real world" money if you are a legal adult in your country of residence. The Service may also include virtual, in-application digital items ("Virtual Goods") that may be purchased from 'My Super Horoscope' for "real world" money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for "real world" money, goods or other items of monetary value from 'My Super Horoscope' or any other party.
8.2. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in 'My Super Horoscope', you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in 'My Super Horoscope'.
8.3. 'My Super Horoscope' has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and 'My Super Horoscope' shall have no liability to you or anyone for the exercise of such rights.
8.4. Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the application, you may not buy or sell any Virtual Currency or Virtual Goods for "real world" money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a ban from 'My Super Horoscope' and possible legal action.
8.5. You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in 'My Super Horoscope'' sole and absolute discretion, or if 'My Super Horoscope' discontinues providing the Service.
9. Disclaimers; Limitations; Waivers of Liability
9.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT THE 'My Super Horoscope' PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE 'My Super Horoscope' PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE 'My Super Horoscope' PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9.3. UNDER NO CIRCUMSTANCES WILL THE 'My Super Horoscope' PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID 'My Super Horoscope' IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
You agree to defend, indemnify and hold harmless the 'My Super Horoscope' from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s).
11. Governing Law/Waiver of Injunctive Relief
This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Colorado governing contracts entered into and to be fully performed in Colorado (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts located in Colorado.
11. Non-US users
'My Super Horoscope' operates from its offices in the United States. 'My Super Horoscope' makes no representation that Service is appropriate or available in other locations. The information provided on 'My Super Horoscope' is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject 'My Super Horoscope' to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access 'My Super Horoscope' from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.