Purple Fig, LLC (“Astro-Charts”, “us”, or “we”) provides services related to astrology (the “Services”) in connection with the Astro-Charts website: https://www.astro-charts.com (the “Site”).
PLEASE READ THESE TERMS BEFORE USING THE Astro-Charts WIDGETS, WIDGET CONTENT OR RELATED SERVICES.
2. Astro-Charts Widgets and Widget Content Generally, widgets are tools that you may place on your website, which allow visitors to your website to access and view content on or from another website. A widget is generally defined as a software element providing content or access to content, including feeds and data, which you can add, remove, resize and reposition. Graphic, text and search widgets may be comprised of static elements, such as trademarks, images, and icons, and dynamic elements, which include, but are not limited to, photographs, images, ratings, reviews, reports, questions, summaries, text, active links or other source identifiers, and employee or employer related information or other similar materials. Astro-Charts Widgets (“Astro-Charts Widgets” or “Widgets”) published by Astro-Charts provide access to content and Services from points outside of the Astro-Charts domain. Astro-Charts Widgets are small software modules operating within or connecting to Astro-Charts's environment and appearing on a device, website or platform of your designation, which provide you with access to a variety of information and Services. You acknowledge and agree that these modules may, without limitation, display Astro-Charts logos, images and text that link to the Site or to information and other content located on the Site, search boxes or forms that return or link to information from or on the Site, and attribution, branding or advertising for Astro-Charts and third party products (collectively, “Widget Content”). Astro-Charts Widgets consist of the Widget Content, as well as all software files or images incorporated in, or generated by, the Widgets and any and all data and embedded code that accompanies the Widgets, including any upgrades, enhancements, modifications, updates and revisions of such software and code.
3. Eligibility and Placement of Widgets Widgets may be placed on your websites, blogs, your pages at online social network or media sites (to the extent permitted by such sites), and other similar platforms. Astro-Charts prohibits the placement of Widgets on websites, platforms or devices that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Astro-Charts in its sole discretion. You must place each Widget in a context appropriate to the content of the Widget, and any reference to Astro-Charts or its products and services must be accurate.
4. License Subject to these Widget Terms, Astro-Charts hereby grants you a limited, non-exclusive, worldwide, royalty-free, revocable, terminable, personal, non-transferable, non-sublicensable, license solely for your personal and non-commercial use as permitted by these Widget Terms to download, access, display and use Astro-Charts Widgets on your website. Widgets are licensed as single units and their component parts may not be separated for individual use apart from the Widgets as a whole. You are not licensed to use Astro-Charts Widgets, Widget Content or related Services for any other purpose, and nothing in these Widgets Terms shall be deemed to grant you any rights, title or interest in the Widgets, Widget Content or related Services.
YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE, SYNDICATE OR OTHERWISE COMMERCIALIZE THE Astro-Charts WIDGETS OR WIDGET CONTENT IN ANY WAY WITHOUT WRITTEN NOTICE TO AND THE FURTHER EXPRESS WRITTEN CONSENT OF Astro-Charts.
5. Lawful Use You shall use the Widgets in a manner consistent with any and all applicable law and solely for lawful purposes. The Widgets are for personal, non-commercial use only. To inquire about a commercial license, please contact us.
6. Reservation of Rights and Control Astro-Charts has and shall retain absolute control over all Astro-Charts Widgets, Widget Content and related Services. Astro-Charts may change, modify, suspend, regulate, adjust or discontinue any aspect of Astro-Charts Widgets, in whole or in part, at any time without prior notice. Astro-Charts may also impose limits on certain features and services or restrict your access to parts or all of the Widgets, Widget Content and related Services without notice or liability. Astro-Charts reserves the right to discontinue providing any or all of the Astro-Charts Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the Astro-Charts Widgets and Widget Content for any reason including, without limitation, your violation of any provision of these Widgets Terms.
7. Support Updates and Modifications Astro-Charts may not offer any technical or maintenance support for Widgets. Astro-Charts may offer upgrades or updates to Astro-Charts Widgets at its sole discretion.
9. No Widget Modification You shall not modify any Widgets provided by Astro-Charts. Without limitation, you shall not (i) change any code provided by Astro-Charts; (ii) obscure or disable any element of the Widget; (iii) alter any links embedded within Astro-Charts Widgets; (iv) tag links to Astro-Charts from the Widget with a "nofollow" attribute; (v) redirect any links; (vi) otherwise prevent or discourage search engines from following or scoring any links; and (vii) insert any intermediate page, splash page or other content between Widget links and the applicable Astro-Charts web page. You shall not cause, direct, allow, permit or authorize any modification of the Astro-Charts Widgets, which includes separation into component parts or creation of derivative works.
10. No Disruption You will not (i) interfere with, disrupt, or create an undue burden on the networks, applications, systems or services connected to or supporting the Widgets; (ii) introduce or implement software or automated agents incorporating or in association with the Widgets, or access the Widgets, to strip, mine, compile or collect Widget Content; or (iii) interfere with, disrupt, or modify any data or functionality of the Widgets.
11. No Endorsement Astro-Charts Widgets, Widget Content, and related Services may not be used in any manner that would constitute an endorsement (whether expressed or implied) of any products, services, activities or brands contained on your website, devices or platform. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Astro-Charts.
12. Attribution and Marks Your web page title and other trademarks and logos must appear at least as prominent as Astro-Charts's trademarks and logos in the Widgets. You may not display Widgets in any manner that implies affiliation with, sponsorship, or endorsement by Astro-Charts.
13. Third Party Software, Hardware, and Services You agree that you are responsible for all third party software, hardware, and services used in connection with Astro-Charts Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with any Widgets is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
14. Restrictions and Limitations You may not do any of the following with any Astro-Charts Widgets, Widget Content or related Services:
- 1. Copy, modify, reproduce, republish, post, transmit, offer for sale, or redistribute Astro-Charts Widgets or Widget Content without the express prior written authorization or permission of Astro-Charts;
- 2. Sell, assign, sublicense, rent, lease, lend, distribute, export, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Astro-Charts Widgets or Widget Content, whether by operation of law or otherwise;
- 3. Decompile, reverse engineer, disassemble, rent, lease, loan, distribute, or create derivative works or improvements from Astro-Charts Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in Astro-Charts Widgets;
- 4. Obtain or attempt to obtain unauthorized access to Astro-Charts's network;
- 5. Incorporate Astro-Charts Widgets into any hardware or software device or platform that you are not authorized to use or otherwise modify;
- 6. Use, export, or re-export Astro-Charts Widgets or Widget Content in violation of applicable law or regulations;
- 7. Derive income from the use or provision of Astro-Charts Widgets or Widget Content, whether for direct commercial or monetary gain or otherwise, without Astro-Charts's prior, express, written permission;
- 8. Use Astro-Charts Widgets for any enterprise, commercial use, or other purpose for which Astro-Charts Widgets were not designed;
- 9. Use Astro-Charts Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
- 10. Display Astro-Charts Widgets or Widget Content on any website that disparages Astro-Charts or its products or services, or that infringes any Astro-Charts intellectual property or other rights; or
- 11. Directly or indirectly change, edit, add to or produce summaries of the Astro-Charts Widgets, any Widget Content or any Services on the Astro-Charts website.
15. Prohibitions You shall not, and shall not allow or authorize any third party to use or display any Astro-Charts Widgets on any website, device or platform that, in Astro-Charts's sole opinion, falls into any one or more of the following categories:
- 1. Sites that incite hatred or discriminate against any specific social group or exploit persons whether based on race, religion, gender, sexuality or any other attribute or belief;
- 2. Sites that promote, encourage or facilitate violence, disruptive behavior, terrorism or illegal activity, including activities that risk national security;
- 3. Sites which are unsuitable for family viewing or are misleading, libelous, pornographic, or defamatory, or which promote or make available otherwise objectionable content; or
- 4. Sites that disparage or in any manner tarnish or diminish the image or reputation of Astro-Charts or its affiliates.
16. You shall not, and shall not allow or authorize any third party to remove, deface, obscure, or alter Astro-Charts's. copyright notice, trademarks or other proprietary rights or attribution notices affixed to or provided as a part of any Widgets or any Widget Content, related Services, materials or documentation provided hereunder.
17. Ownership / Attribution Intellectual Property Astro-Charts retains all ownership and other rights to the Widgets, Widget Content and related Services. All rights, title, and interest in and to the Astro-Charts Widget, Widget Content and, including all intellectual property rights therein, shall remain the exclusive property of Astro-Charts and/or its licensors. You acknowledge and agree that the Astro-Charts Widgets and Widget Content are licensed, not sold. These Widget Terms do not grant any rights to any Astro-Charts code, content, logos or trademarks beyond the limited permission to display and use the Widgets and Widget Content as granted herein.
18. Trademarks and Copyright Astro-Charts Widgets, Widget Content and related Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws. Astro-Charts, its logos and all other product or service names, marks or slogans displayed on Astro-Charts Widgets or on the Site are registered and/or common law trademarks of Purple Fig, LLC. in the U.S. and/or other countries. Astro-Charts retains all ownership and other rights to the Astro-Charts logos, trademarks or similar materials. All other trademarks appearing in the Widget Content or related Services are the property of their respective owners. All content of the Astro-Charts website are: © 2019 Purple Fig, LLC. All rights reserved.
19. Indemnification You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or (i) arising out of your use of the Astro-Charts Widgets, Widget Content or related Services; (ii) arising from your breach of any provisions herein; or (iii) as a result of your violation of any law or the rights of a third party.
20. Your Representations and Warranties By accessing or using the Astro-Charts Widgets, Widget Content or Services, you represent and warrant that: (i) you are thirteen (13) years of age or older upon use; (ii) you have full power and authority to enter into this Agreement; (iii) your use of the Widgets is not for commercial purposes; ); (iv) you will comply with all applicable law with respect to your performance under these Terms; and (v) your use of Astro-Charts Widgets will not violate the rights of or any other obligation (including contractual obligation) you might have towards third parties.
21. Warranty Disclaimer THE Astro-Charts WIDGETS, WIDGET CONTENT AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU USE THE Astro-Charts WIDGETS, WIDGET CONTENT AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. Astro-Charts DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, COMPATIBILITY, ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, AND PERFORMANCE OF THE Astro-Charts WIDGETS, WIDGET CONTENT OR RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
22. Limitation of Liability THE Astro-Charts WIDGETS ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT Astro-Charts SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE Astro-Charts WIDGETS. Astro-Charts WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO ANY Astro-Charts WIDGETS, WIDGET CONTENT, OR RELATED SERVICES, OR ANY VIRUS OR OTHER CONTAMINATION OR ANY USE OR UNAVAILABILITY OF THE WIDGETS, WIDGET CONTENT, OR RELATED SERVICES, EVEN IF Astro-Charts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Astro-Charts WIDGETS, FROM INABILITY TO USE THE Astro-Charts WIDGETS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Astro-Charts WIDGETS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
23. Term and Termination This Agreement shall remain in full force and effect while you are using Astro-Charts Widgets or until terminated by either party. These Widget Terms terminate automatically if (i) you violate any terms hereof; (ii) Astro-Charts publicly posts a written notice of termination on Astro-Charts's website; or (iii) Astro-Charts sends a written notice of termination (including by email message) to you directly. The provisions of these Terms which by their nature would apply after the termination shall survive termination. Astro-Charts may terminate your license to use Widgets, Widget Content or related Services for any or no reason at any time by ceasing to provide the Widgets and Widget Content to you. You agree to cease using any Widgets, Widget Content and related Services and to remove all copies of any and all Widgets in use upon receiving notice of termination from Astro-Charts. Astro-Charts will not have any liability whatsoever to you for termination. You may terminate by discontinuing all use of Astro-Charts Widgets, all Astro-Charts Content and related services and by removing all related software or code from your website, all hard drives, networks and other storage media.
24. Modification This Agreement may be modified by us from time to time. Astro-Charts reserves the right to change these Widget Terms and you are responsible for regularly reviewing these terms. Your continued use of Astro-Charts Widgets, Widget Content or related Services after the effective date of such changes will mean you accept those changes.
26. Enforcement This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts located within Alameda County and the federal courts in the Northern District of California.
27. Contact In the event you receive any inquiries or questions which relate to Astro-Charts Widgets, Widget Content or Services, contact us promptly with such questions at: email@example.com
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