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The only fact that the user enters our website constitutes a full acceptance by the user of the general terms in their entirety.2. Description of " Astrotheme " Services
Astrotheme.com is an Internet website dedicated to astrology (the " Website "). Through the global Internet and, as the case arises, through electronic mails, Astrotheme provides its Users with a number of free services related to astrology.
Astrotheme.com provides its Users with free horoscope services. On the other hand, it provides its subscribers with paying " Services " (Express Report and Career Report).3. Connection
To enter the Website and to use its Services, the User must have an access to the Internet, either directly or through devices enabling an access to Internet content. The cost of telephone communications connecting to the Internet network, as well as to the Website, will be borne exclusively by the User. In addition, the User must have all the required equipment to connect to the Internet network, especially a computer and a modem or any other connecting device and, as the case arises, a login and an electronic address.
4. Registration with Astrotheme's Personalized Services
To access our Personalized Services, the User must register in order to become a Member and fill out the form provided in the relevant pages of the Website.
In order to enable Astrotheme to offer efficient and personalized services to the User, the latter formally agrees (1) to give personal, updated, comprehensive and accurate information, according to Astrotheme's requests and (2) should the case arise, to update them using the pages provided.
All pieces of information requested and their updates are considered and thereafter referred to as " Registration Data ". Once he has registered, the Member must choose a password. The Member formally agrees that he must keep the password strictly confidential and that he remains solely responsible for the utilization of the password.
Astrotheme has the right to immediately cancel any Member's account and to permanently deny any User access to its Services in the following cases: - The Member provided false information when he registered - The User interfered with other Users of Astrotheme's Services - The User violated the present General Terms.
Astrotheme can also cancel a Member's account if it has been inactive for longer than ninety (90) consecutive working days.6. Personal Data. Processing of Personal Information
Astrotheme is allowed to collect personal data provided by Users when they register as Members or when they use the Website's services.
The User authorizes Astrotheme to set up, retain and update a database which includes personal information provided by the User.
In accordance with the provisions of the law number 78-17 of 6 January 1978 concerning informatics, database and liberty, the User is entitled to access, to oppose and to amend the personal data he provided in order to use the Website's Services. Therefore, the User can demand that these personal data be communicated to him, that they be deleted or that any inaccurate, incomplete or ambiguous information related to him be modified, completed, clarified, updated or deleted.
For any further information regarding the setting up, the conservation, updating and use of data, the User can contact Astrotheme and exercise his rights to access, modify and/or oppose by mail at the following address: Astrotheme, Subscribers Service, 36 rue Scheffer 75116 Paris, France.
Astrotheme will never sell information collected from its Users.
Cookies allow to gather information concerning each User's browsing, without specifically identifying him though. In case the User does not want to be identified by a cookie, he can disable the cookie function by clicking on the Disconnect link of the Welcome page. In that case, each time he wants to access his Astrotheme Personalized Services, he will need to key in his Login and Password.
If the User chooses not to accept cookies in his browser, the User will not have access to our Services in their entirety, since registration is needed prior to their utilization.
Astrotheme is not responsible for commercial practices implemented by other sites to which Users may have access through hyperlinks, logos, buttons etc. displayed on the Website.7. The User's Duties
The right to use our Services is granted to the User on a personal basis.
The User will not sell or make a commercial use of our Services without prior written authorization by Astrotheme. The utilization of our Services is subjected to and ruled by French laws and legislation.
The User is responsible for all the uses of his account, regardless of the fact that he has or has not expressly authorized them.
The User must immediately inform Astrotheme in writing of any fraudulent use of his account or in case of account violation, as soon as he is aware of it. In case of fraudulent use of account, Astrotheme has the right to suspend or to terminate the Member's personal account and to deny the Member immediate and future access to part of or all the Services.
The User acknowledges and accepts to bear alone the entire responsibility of the contents of his transmissions throughout the Website.
The User promises that he will not use the Website and its Services for illegal purposes and that he will not issue messages prejudicial to the public order and moral standards, libellous remarks and elements detrimental to other people's privacy; he will not issue messages, pieces of information that might harm in any possible way Astrotheme's rights and/or those of a third party, and in particular, he will not damage Astrotheme's property rights and/or those of a third person; he will inform Astrotheme of any violation which the User is aware of; he will not access nor attempt to access through illegal ways other networks or computer systems linked to the Website; he will not interfere in the use of our Services by other Users; he will not use the Website to transmit viruses, Trojans or any other harmful programmes.8. Guarantees
The User accepts and understands that the Services are provided as is. Astrotheme cannot be held responsible for the duration, the deletion, the wrong delivery or the non-recording of a User's communication.
The utilization of the Services is at the risks of the sole User who is solely responsible for any damage done to his computer or the loss of data that might result from downloading the Content.
Astrotheme gives no guarantee of any kind, be it expressly or implicitly, including, but not limited to, declarations and results that may be obtained through the Services.9. Limitations of Responsibility
Astrotheme is not responsible for direct or indirect damages of any nature, including any kind of loss of profit, but not limited to the following list, ensued from:
9.1 Astrotheme is not responsible for direct or indirect damages of any nature, including any kind of loss of profit, but not limited to the following list, ensued from:
9.1.1 the use or the impossibility of using the Services,
9.1.2 any kind of goods or services purchased or obtained through the Website, or any messages received, or any dealings made and concluded through Astrotheme Services,
9.1.3 the loss due to a non-authorized access or the alteration of transmissions or data of an Internet surfer, or
9.1.4 the cost generated by substituted goods or services supplied, and this, even though Astrotheme has been warned of the possibility of such damages;
9.2 In case of any contentious or erroneous information on the website pages of www.astrotheme.fr: should you think that an information may be detrimental to the reputation of a person or a group of persons, or that it seems wrong or contentious to you, please do not hesitate to let us know by e-mail, and we will immediately withdraw the said information upon your request. The whole amount of information is hereby released in good faith and in line with the normal practice of any Astrology website: interpretation of astrological themes, information read in the media such as the birth dates of people leading a public life, articles already published on the internet, etc. With the vocation of being a website of counsel and assistance, not a controversial website, Astrotheme would like to avoid any harm to the honour of an individual or a corporate body.
9.3 Photograph Copyright: all astrological services involving well-known persons or celebrities are entirely free: we will IMMEDIATELY remove a photo JUST AT THE REQUEST of its author. These services are free, so we do not wish to buy any photographs. We would appreciate your understanding. Should any difficulty prevent us from continuing to release photos of celebrities, we will then make do with releasing astrological information and charts of them, which is quite a penalty to all the Users of this website.10. Indemnification.
The User undertakes to guarantee Astrotheme, as well as its sister companies or affiliates, against any damage, complaint or request (including, but not limited to this list, all lawyers and counsels' fees) from a third party due to the dispatch, release or transmission of the Content of this Website, the use of its Services, the violation of the present General Terms or the rights of other people
11. Astrotheme's Proprietary Rights.
The User acknowledges and accepts that the Content, which includes, but is not limited to texts, software, music, sounds, photographs, videos, drawings or any other materials contained in the advertisements sponsored or released through electronic mail, commercial information produced and presented by Astrotheme, its suppliers or advertisers, are protected by the French intellectual property rights, the trademark right, the licence right or any other right acknowledged by the enforced law. The User is not allowed to copy, use, reproduce, distribute or create derivative works from the Content without obtaining the formal agreement of Astrotheme, its suppliers or advertisers.
12. Duration of the General Terms
The General Terms are effective from the acceptance by the User and will continue for an indeterminate period, except in the case of termination as stipulated under Article 7 of the General Terms.
13. Modification of the Services and/or the General Terms
At any moment, Astrotheme has the right to modify, to interrupt, temporarily of permanently, all or parts of the Services and it will inform the User accordingly. Astrotheme cannot be held responsible vis-à-vis the User, or whoever, for any modification, suspension or interruption of its Services.
At any moment, Astrotheme has the right to amend the provisions of the General Terms.
In case of contradiction between the provisions of the General Terms and any amendment that would be made to them, particularly with a view to abiding by the national laws and regulations in force, the amendments shall prevail.14. Notification
All notifications must be made in writing and sent by mail at the following address: Astrotheme, Subscribers Service, 36 rue Scheffer 75116 Paris, France. Telephone: (33) 0950225454
The present General Terms constitute the entire agreement made between Astrotheme and the User regarding the use of Services and replace any previous agreement that might have been reached between the User and Astrotheme.
16. Applicable Law and Competent Jurisdiction
These General Terms are governed by French laws. Should any dispute arise from the present General Terms, exclusive competence is given to the Tribunal de Commerce of Paris, except in the case of disputes with persons who are not merchants and for whom the rules of legal competence apply.