Terms of Use Agreement for Ruling Planets

Effective Date:  October 31, 2009

Welcome to RulingPlanets.com (the “Website”), an astrological entertainment service provided by Ruling Planets LLC (which is identified in this Agreement as “Ruling Planets, we, us or our”).  We hope that the Website entertains you by providing insight into how the planets may affect the world at large and your own affairs.  To use the Website, however, you must agree to and abide by these terms and conditions (the “Agreement”).  If you do not agree to the terms and conditions in this Agreement, then please do not use the Website.

A.    Your Agreement

For purposes of this Agreement, “you” means the person using the Website, if that user is not an individual, then “you” means your company, its officers, members, agents, successors and assigns.

By using the Website, you are indicating that you have read, understand and agree to be bound by the policies, terms and conditions set forth in this Agreement in their entirety without limitation or qualification, as well as all applicable laws and regulations, as if you had handwritten your name on a contract.    

B.    Modifications to this Agreement

Ruling Planets is always looking for ways to improve the Website and as a result we may revise this Agreement at any time.  By using the Website, you agree to be bound by the current form of this Agreement.  It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions.  Ruling Planets does not and will not assume any obligation to notify you of changes to this Agreement.  The current Agreement will supersede any prior communications or agreement with respect to the Website, unless such agreement expressly states that it is not superseded by this Agreement.  Ruling Planets reserves the right, but has no obligation, to make changes to the Website and to these terms and conditions at any time.  Any such modifications will become effective upon the date they are first posted to the Website.  

C.    Intellectual Property Ownership and Licenses

You understand and agree that the Website and all content provided on the Website, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of Ruling Planets, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed.  The Website is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C.§ 101, et. seq.) and international treaty provisions, and Ruling Planets owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of the Website.  All software used on the Website is the property of Ruling Planets or its licensors and is protected by U.S. and international copyright laws.  RULING PLANETS® is a registered trademark of Ruling Planets.  All other marks, names, and logos located on the Website are the property of their respective owners.  Your use of any trademark located on the Website without express permission of that trademark owner is strictly prohibited.  

Ruling Planets grants you a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Materials on the Website for personal, non-commercial use only, subject to and conditioned on your continued compliance with the terms and conditions in this Agreement.  This license is granted solely to allow you to use and enjoy the Website as permitted by this Agreement.  You agree not to remove, alter or obscure any proprietary notices provided in or with the Materials.  All rights not expressly granted in this Agreement are reserved.  

D.    Prohibited Conduct

You agree not to use the Website to:

  1. Harass, stalk bully or advocate harassing, stalking or bullying another person;
  2. Post content or information that is offensive, pornographic, hateful, threatening, defamatory or that creates a risk to anyone’s privacy or safety;
  3. Solicit personal information from anyone under 18 years of age;
  4. Upload or transmit unsolicited commercial messages (Spam), junk mail, pyramid schemes, chain letters or similar materials or information or viruses, worms or other malicious code;
  5. Violate a law or infringe anyone’s intellectual property rights, including copyrights, trademarks, patents and trade secrets, privacy or publicity rights, such as impersonating another person or entity or posting images of someone without their permission;
  6. Forge, manipulate alter or affect or attempt to forge, manipulate, alter or affect the Website, the Materials any feature or program of the Website or the Materials; 
  7. Interfere with, circumvent, disable or attempt to interfere with, circumvent or disable the Website, the proper working of the Website, security features of the Website, the equipment connected to the Website or any service provided on or through the Website;
  8. Impose an unreasonable or disproportionately large load on the infrastructure of the Website or Ruling Planets’ systems or networks, or any systems or networks connected to the Website; 
  9. Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website);
  10. Create a database by downloading and storing the Materials or any part thereof; and
  11. Violate this Agreement or encourage or assist anyone to violate this Agreement.

You agree not to do any of the following without Ruling Planets’ written permission:

  1. Use, copy, republish, upload, distribute, collect, modify, transmit, or post the Materials or any part thereof in any medium;
  2. Modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Materials on the Website, in whole or in part;
  3. Mirror, frame or use framing techniques to enclose the Website, the Materials or any part thereof;
  4. Access or attempt to access the Website or collect or index information provided to the Website using any automated means, such as robots, spiders, scrapers, scripts, harvesting ‘bots, or the similar means or equivalent manual processes.  We grant operators of public search engines permission to use spiders and other automated means to collect and copy content from the Website solely to the extent necessary to create publicly available searchable indices of such content, excluding caching or archiving such content.  Ruling Planets reserves the right to revoke this permission at any time either generally or in specific cases;
  5. Solicit, trace or otherwise collect any information from users or visitors of the Website; 
  6. Use any metatags or any other “hidden text” using the Website, RULING PLANETS® or any other trademarks of Ruling Planets;
  7. Reverse engineer, decompile or otherwise extract source code provided on or through the Website; and
  8. Use the Website for commercial activities such as contests or advertising. 

E.    Accounts

Your Account

You understand and agree to the following terms with regard to your account on the Website:

  1. To provide complete and accurate information to create your account, to make payments and to keep your account information up-to-date;
  2. To choose a user name and password for your account.  You understand that it is your responsibility to choose a user name and password and to maintain the confidentiality of your password.  If you share your password with anyone it may jeopardize the security of your account.  You agree to notify Ruling Planets promptly if you become aware that your password or account has been used without your consent.  To do so, please contact us at www.rulingplanets.com/contact-us
  3. That Ruling Planets may refuse to grant you, and that you may not use, a user name that belongs to or is already being used by another user or that is offensive, in our sole discretion.  If you believe that another user’s user name infringes on your rights, then feel free to contact us at www.rulingplanets.com/contact-us
  4. Not to impersonate any other person, thing or entity through your user name;
  5. Not to access anyone else’s Website account without that person’s permission;
  6. Not to use the Website if you are a person who is barred from receiving Ruling Planets’ services under the laws of the U.S. or any other country; 
  7. That Ruling Planets may temporarily or permanently discontinue providing the Website at any time and that as a result you may be prevented from accessing the Website, your account, or information stored in your account; 
  8. To be solely responsible for all activities that occur under your account;
  9. That by using the Website you may be exposed to content and information that you find offensive, indecent or objectionable and that you use the Website at your own risk; 
  10. That any hardware and software required to use the Website is your responsibility; and
  11. In the event that the Website sends messages to your mobile device, that you are solely responsible for any rates and fees charged by your mobile carrier.  You also agree to update your mobile device account information within 48 hours of any deactivation of a mobile device so that a person who acquires your old number will not incur charges or receive your messages.

F.    Privacy

Ruling Planets agrees to treat your private information in accordance with the terms of our then-current privacy policy, which is incorporated herein for all purposes.  You agree to Ruling Planets’ use of your personal information in accordance with this privacy policy.

G.    Ruling Planets’ Rights

Ruling Planets reserves the following rights: 

  1. To terminate the account of anyone who violates this Agreement;
  2. To change or alter the Website, the form and nature of the Website or any services provided through the Website, including changes to the payment terms for some or all uses of the Website, at any time;
  3. To review, modify, filter, delete and remove any and all content and information from the Website;
  4. To update and download automatically any software provided on or through the Website;
  5. To cooperate with any law enforcement, court or government investigation or order requesting or directing Ruling Planets to disclose information or content or information that you provide, or if Ruling Planets decides that such disclosure is in its or its customers best interests;
  6. To display advertising and promotions, which may be targeted to certain users or sections of the Website that may not be identified as paid advertisements or promotions; and
  7. To provide you with notices, including those regarding this Agreement, by email, postings to your Website account or by other means.

You agree that the foregoing are rights of, but not obligations of, Ruling Planets and that Ruling Planets may, but is not obligated to exercise any of these rights.

H.    Advertising and Links to the Website

If you are interested in advertising on or linking to Ruling Planets, then contact us at www.rulingplanets.com/contact-us.
 
I.    Submissions

Ruling Planets does not accept and has no obligation to consider any unsolicited submissions or ideas, including ideas for advertising campaigns, promotions, new or improved products, services or technologies, enhancements, processes, materials, marketing plans or product or service names. Please do not submit such submissions or ideas.  We tell you this to avoid potential misunderstandings or disputes if one of our products or services seems similar to an idea that you submitted to Ruling Planets. If, despite our request that you not send us your submissions and ideas, you still submit them, then regardless of what other terms you provide the following terms shall apply to your submissions:

  1. Your submissions and their contents will automatically become the property of Ruling Planets, without any compensation to you;
  2. Ruling Planets may use, copy, create derivative works from or distribute your submissions, the ideas contained in the submission and the contents of a submission for any purpose and in any way in perpetuity; 
  3. Ruling Planets has no obligation to review or use the submission; and 
  4. Ruling Planets has no obligation to keep any submission confidential.

Ruling Planets, however, encourages you to provide feedback regarding the Website and the services provided on the Website. We hope that you’ll want to send us such comments.  To do so, please use www.rulingplanets.com/contact-us. We ask that you only provide specific feedback on the Website’s existing products and service to help us satisfy your needs more effectively.  Any feedback you provide will be deemed to be non-confidential and Ruling Planets may use such information for any purpose and in any way.

In the event that you post or submit any of content, including but not limited to photographs, images, questions and other works of authorship, to the Website, you automatically grant to Ruling Planets, its successors and assigns a perpetual, irrevocable, nonexclusive, worldwide, sub-licensable, transferable, fully paid up license to use, copy, display, perform, modify, adapt, translate, create derivative works from and distribute such content on or through the Website and on or through any services associated with the Website or offered by Ruling Planets.  You also represent and warrant that you have the right to copy and post such content.

J.    Promotions and Purchases

The Website may, from time to time, include contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information concerning yourself.  Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age or geographic location.  You are responsible to read all Promotions’ rules to determine whether or not you are eligible to participate.  If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Website, which terms and conditions are made a part of this Agreement by this reference.  Note that any personal readings or other services that are purchased through the Website are non-refundable.

K.    Copyright and Trademark Infringement

Copyrights

Ruling Planets respects the intellectual property rights of others and expects the Website users to do so as well.  If you believe that your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at www.rulingplanets.com/contact-us and provide the following information:

1.    A description of the copyrighted work that you believe has been infringed;
2.    A description of what the allegedly infringing work is;
3.    A description of the location where the allegedly infringing work is located on the Website;
4.    An address and telephone number where you can be contacted, including an email address if possible;
5.    A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6.    A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
7.    A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

L.    Your Representations and Warranties

By using the Website, you represent and warrant that:

1.    You are 18 years of age or older, an emancipated minor or the parent or guardian of a minor who you are authorizing to use the Website;
2.    You understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
3.    You will use the Website in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement;
4.    Are authorized to sign for and bind the person or entity using the Website;
5.    Any content that you provide to the Website is original to you and does not violate the rights of any third party, including, without limitation, any intellectual property rights and rights of publicity and/or privacy;
6.    You will provide only true, accurate, complete and current information to the Website; and
7.    You will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from Ruling Planets or in any material that you post or submit for any purpose.

M.    Disclaimers

THE WEBSITE, MATERIALS AND INFORMATION, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE FOR ENTERTAINMENT PURPOSES ONLY AND ARE NOT INTENDED AS PROFESSIONAL ADVICE OR COUNSELING OF ANY SORT.  

You expressly agree that you use the Website at your own risk.  Neither Ruling Planets, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, sponsors, or licensors or the like (collectively, “Providers”) warrant that the Website will be uninterrupted or error-free, the results that may be obtained from the use of the Website, or the accuracy, completeness, reliability, security or currency of the Materials.  The Website and the Materials may contain errors, omission, inaccuracies, or outdated information.  Further, Ruling Planets does not warrant the reliability of, guarantee or endorse any advice, opinion, statement, advertisement or other information displayed or distributed through the Website.  Ruling Planets is not responsible in any way for any transaction between you and another user of the Website, including advertisers.  Ruling Planets reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or the Materials, but has no obligation to make any corrections.  Ruling Planets may make any other changes to the Website, the Materials and the products, programs, services or prices (if any) described in the Website at any time without notice.  

THE WEBSITE AND THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS ON THE WEBSITE ARE PROVIDED BY RULING PLANETS ON AN “AS IS,” “WHERE IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RULING PLANETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, PRODUCTS, INFORMATION, ADVERTISEMENTS OR THE MATERIALS PROVIDED ON OR THROUGH THE WEBSITE.  RULING PLANETS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, ADVERTISEMENTS AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AND ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent of such jurisdiction’s law applies to this agreement.

N.    Limitation of Liabilities

YOU AGREE THAT RULING PLANETS AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS, ADVERTISEMENTS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH THE WEBSITE, (3) YOUR USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE AND/OR THE MATERIALS, (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR ON THE WEBSITE, (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE, (6) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING YOU STORED THEREIN, (7) ANY INTERRUPTION OR CESSATION OF THE WEBSITE OR TRANSMISSIONS TO OR FROM THE WEBSITE, (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, REGARDLESS OF WHETHER RULING PLANETS OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.  Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

O.    Indemnification

You agree to indemnify, defend and hold harmless Ruling Planets and its Providers from and against any and all claims, damages, obligations and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the Website, violation of this Agreement, violation of any law or regulation, or violation of any third party right, including intellectual property, proprietary and privacy rights.

P.    Governing Law

This Agreement is made in English and is governed by the laws of the state of Utah, without giving effect to its conflict of law provisions.  This is the case regardless of whether you reside or transact business with Ruling Planets in Utah or elsewhere.  You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Salt Lake County, Utah.  You agree that the Website is a passive site that does not give rise to specific or general personal jurisdiction over Ruling Planets in any jurisdiction other than Utah.

If a translation of this Agreement is made available to you it is for convenience only and any contradiction between the English version and the translation will be governed by the English language version.

Q.    Disputes

Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate Ruling Planets’ or its licensor’s intellectual property rights, Ruling Planets may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association using a single arbitrator.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.  If the prior sentence prohibiting joinder and class arbitration is held unenforceable, then the entire first paragraph of this Section Q will also be unenforceable.

You are responsible for your use of the Website, including all interactions with other users of the Website.  Ruling Planets is not an arbiter of user disputes.  Ruling Planets reserves the right, but has no obligation, to become involved in any such dispute.

R.    Limitations on Claims

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.

S.    Termination

Without limiting its other remedies, Ruling Planets may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate this Agreement and your access to the Website and your account if you fail to comply with any term or condition of this Agreement.  Ruling Planets may take such actions without providing you prior notice or a refund of any pre-paid fees and at its sole discretion.  Upon such violation, you agree to terminate access to the Website.  Upon termination, those provisions of this Agreement that expressly or by their nature survive will continue in full force and effect.

T.    Hyperlink Disclaimers

As a convenience to you, Ruling Planets may provide links to third party websites, advertisements, applications or content (collectively, “Linked Sites”).  If you go to Linked Sites, you will leave the Website and will be governed by that site’s terms of use.  If you decide to visit or use any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  We encourage you to read the terms of use and privacy policy for all Linked Sites that you elect to visit.  

Linked Sites are not maintained, controlled or otherwise governed by Ruling Planets.  Ruling Planets does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site.  A link to a Linked Site does not imply that Ruling Planets sponsors, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright of Ruling Planets or any of its affiliates.  Ruling Planets is neither responsible for nor will it be liable under any theory based upon any information, product and/or content found on any Linked Site or any site(s) linked to or from any Linked Site.  Ruling Planets reserves the right to discontinue any Linked Site at any time without prior notice.  

U.    Geographic Scope of Use
 
Ruling Planets makes no representation that the Website or the Materials are appropriate or available for use at locations outside of the United States.  Access to the Website and the Materials from territories where they are illegal is prohibited.  You may not use the Website or export the Materials in violation of U.S. export laws and regulations.  If you access the Website from locations outside of the U.S., you are responsible for compliance with all local laws.  

V.    Entire Agreement and Assignment

This Agreement, together with all documents and policies referenced herein, constitutes the entire agreement between Ruling Planets and you with respect the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ruling Planets with respect to the Website, except for any separate written agreement between you and Ruling Planets that by its terms is not superseded by this Agreement.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

You may not assign this Agreement or any part of this Agreement without the express written consent of Ruling Planets.  You agree that Ruling Planets may assign this Agreement or any part of this Agreement at any time and for any reason without your consent.

W.    Severability

In the event that any provision in or obligation under this Agreement is held invalid, illegal or unenforceable, the validity, legality or enforceability of other provisions in or obligations under this Agreement will not in any way be affected or impaired thereby.

X.    Our Policy Concerning Children

The Website is not intended for use by children.  If you are under 13 years of age, you may use the Website only with the involvement and permission of a parent or guardian.

Y.    Notice for California Users

This notice is for California users of the Website:  The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (914) 445-1254 or (800) 952-5210.