Terms and Conditions

TERMS AND CONDITIONS

KNOWTHEZODIAC (“KTZ App”) TERMS AND CONDITIONS

This web/mobile application is owned and operated by KnowTheZodiac (“we” or “us”). Specifically, it outlines the types of information that we gather about you and information and collection practices while you are using the Android/Google Play: https://play.google.com/store/ apps/details?id=com.appvengers.ktz&hl=en&gl=US or iOS: https://apps.apple.com/us/app/ knowthezodiac/id1460820737 (the “App”)

By using the App, you agree to be bound by these Terms (“Terms of Service” or “Terms and Conditions”) and to use the App in accordance with these Terms and Conditions, our Privacy Policy and any additional terms and conditions that may apply to specific portions of the App.

Accessing the App, in any manner, whether automated or otherwise, constitutes use of the App and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the App, from time to time, in which case we will post the revised Terms of Service within the App. By continuing to use the App after we post any such changes, you accept the Terms of Service, as modified.

2. Intellectual Property Rights

A)
Our Limited License to You. This App and all the materials available on the App are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The App is provided solely for your personal noncommercial use. You may not use the App or the materials available on the App in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the App. You may, however, from time to time, download and/or print one copy of individual pages of the App for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

3. Disclaimers

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE App AND BY COMPANY AND ANY THIRD-PARTY APPS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EX- TENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE APP OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS APP, INCLUDING COMMENT FIELDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE App OR MATERIALS ON THIS APP OR ON THIRD-PARTY APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Company its affiliates, their suc- cessors, transferees, assignees and licensees and their respective parent and subsidiary compa- nies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

4. APP purchases

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the App. You agree to use the App and to purchase services or products through the App for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

By using the App, you agree to pay monthly subscription fees to access premium features. If you do not pay the subscription fees, we reserve the right to suspend your account.

5. Currency

All sales are billed in United States Dollars (“USD”) as required by law.

6. Refund Policy

There are no Refunds issued for products or services purchased through our App. However, phone consultations may be rescheduled one time by contacting hello@knowthezodiac.com.

7. Interactive Features

A)

Participant Responsibility. It is a condition of your use of the App that you do not:

  • Restrict or inhibit any other user from using and enjoying the App.
  • Use the App to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the App or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the App.
  • Use the App to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the App, or any account, computer system, or network connected to this App, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this App.
  • Use the App to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the App to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the App to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the App to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the App to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the App.
  • Purchase, download or copy any products or services from this App and use to pirate said content.

B) Accuracy of Astrological Information. You understand and agree, We are not responsible for the accuracy of astrological forecasts or other information provided by KTZ. These forecasts are based on astrological calculations that may not be 100% accurate. We are not responsible for any direct or indirect damages caused by the use of these forecasts.

C) Registration. To access certain features of the App, we may ask you to provide certain demographic information including your name, email address, and mailing address. In addition, if you elect to sign-up for a particular feature of the App, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the App’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

D) Passwords. To use certain features of the App, you will need a username and password, which you will receive through the App’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of securi- ty, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

8. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLI- GENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE IN- ABILITY TO USE, THE App, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE App, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY AC- KNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OF- FENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE App, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE App, OR WITH ANY OF THE App’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE App AND THE PRODUCTS, SERVICES AND/OR MATE- RIALS. THIS App IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

You acknowledge and agree that no representation has been made by Company or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this App.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

9. Other

A) DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company in- fringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: hello@knowthezodiac.com.

B) Assignment. This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Not-withstanding the foregoing, all rights and obligations under this Agreement may be freely as signed by Company to any affiliated entity or any of its wholly owned subsidiaries.

C) Choice of Law. These Terms of Use shall be governed by and construed in accordance with the state of California. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrighted by KnowTheZodiac ALL rights reserved. No part of this App or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from KnowTheZodiac.

10. Contacting Us

If there are any questions regarding these Terms and Conditions, you may contact us at : hello@knowthezodiac.com.