The following sets forth the terms and conditions under which BirthTime ("BirthTime" or "WE" or "OUR") offers you access to our services.
When using BirthTime's services, you ("MEMBER" or "YOU" or "YOUR") agree to the terms and conditions described herein ("TERMS OF SERVICE").
These terms of service may be amended by BirthTime at any time in our discretion by posting the amended terms on our website. If you became a member prior to the posting of amended terms on our website, the amended terms shall automatically be effective 30 days after they are initially posted on our site. You agree that your continued use of this website after such amendment shall signify your acceptance of such change. This agreement may not be otherwise amended except by a writing signed by both YOU and BirthTime.
DESCRIPTION OF BirthTime: BirthTime provides astrological content,
reports, data, and telephone and e-mail consultations ("Content") via
the World Wide Web (http://birthtime.info and http://birthtime.net),
electronic mail, and telephone. Although portions of the Content may be
viewed simply by visiting the BirthTime site (the "General Services"),
in order to access the personalized astrological zone and/or receive
additional Content and services (including telephone-based services)
from BirthTime (the "Personalized Services"), You need to register as a
member of BirthTime to receive certain 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 BirthTime 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 original sign-up, and all updates thereto, are referred to in these Terms of Service as "Registration Data."
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 are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended BirthTime members. In addition, BirthTime does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that are prohibited by law, regulation, treaty or administrative act from entering into trade relations with Austria or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Syria and Sudan. If you do not qualify, please do not use the Services.
3. MEMBER REGISTRATION DATA: Upon registration, including Your provision of Registration Data, You will choose or receive an BirthTime identification ("ID") and a password. You are entirely responsible if You do not maintain the confidentiality of Your BirthTime ID and password. You are responsible for all uses of Your account, whether or not actually or expressly authorized by you. You may change Your password by following instructions on the Website. You agree that Your account, ID, and password may not be transferred or sold to another party. You agree to immediately notify BirthTime of any unauthorized use of Your account or any other breach of security known to You.
4. OUR ACCESS TO YOUR ACCOUNT: In order to ensure that BirthTime is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to BirthTime 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.
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 BirthTime. 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 Austrian laws regarding the transmission of technical data exported through the Service;
(2) not to use the Website or the Services for illegal purposes;
(3) not to interfere or disrupt networks connected to BirthTime;
(4) to comply with all applicable regulations, policies and procedures of networks connected to the BirthTime Website; and
(5) to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. BirthTime 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 BirthTime 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 BirthTime any unlawful, harassing, libellous, 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 with any other BirthTime members' use or enjoyment of the Website or Services.
8. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:
(A) THE SERVICES ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. BIRTHTIME 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, BIRTHTIME MAY DELETE E-MAIL OR OTHER ACCOUNTS OR THE INFORMATION THEREIN IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS;
(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) THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND BIRTHTIME, 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 BIRTHTIME'S WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH BIRTHTIME'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 YOU FROM BIRTHTIME OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
(A) THE USE OF OR THE INABILITY TO USE THE SERVICES;
(B) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BIRTHTIME'S SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BIRTHTIME'S SERVICES; OR
(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR DATA.
11. PROPRIETARY RIGHTS TO CONTENT: You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via e-mail, commercially produced information presented to Member by BirthTime, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by BirthTime, its suppliers, or advertisers.
12. 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 e-mail or mail. Notice shall be deemed given 24 hours after an e-mail is sent, or 3 days after deposit in the mail, to Member at the address provided by Member in the Registration Data and to BirthTime at the address set forth below:
Heinz Krug, Hofsteigstr. 10, 6922 Wolfurt, Austria
13. EXTERNAL REFERENCES AND LINKS
In its ruling of 12 May 1998 the first-instance district court of Hamburg provides that in the event of installing a link, the home page owner can, should the need arise, also be held responsible for the content of the linked page. This can - according to the district court - only be prevented by explicitly distancing oneself from this content. We have placed links on different pages of this home page to other web pages. The following applies to all these links:
"Neither BirthTime nor its Internet editorial department nor the website owner, have any influence on the organisation and/or contents of any of the linked pages on this web page. BirthTime furthermore would like to stress the fact that it completely rejects any responsibility for the contents of all linked web pages to this home page and further does not necessarily share the same point of view as shown in these linked web pages."
This statement is declared valid for all links placed on our home page, as well as for any web site connected to this web page through Internet links and banners. These web site links are listed as a convenience to our visitors. If you use these links, we take no responsibility and give no guarantees, warranties or representations, implied or otherwise, for the content or accuracy of these third-party sites.
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 ADR Chambers International ("ADR"). The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the ADR, and judgement 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 Austria in order to protect the rights of such party pending the completion of any arbitration here under, and both parties agree to submit to the exclusive jurisdiction of the courts of Austria and venue in Bregenz 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 US dollars (US $1,000).
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