Terms of Use

Last updated 2015 February 23

TERMS OF USE AND BINDING ARBITRATION

1. AGREEMENT TO TERMS FOR USE OF WEBSITE INCLUDING MANDATORY ARBITRATION

Your access to, and use of, www.astrology.blissxo.com ("Website") and your participation in the third party offers promoted on the Website ("Offers") or any other promotion on the Website is subject to the following Terms of Use and all applicable laws and regulations. The Website is owned and operated by BlissXO, LLC ("we" or "us"). By accessing and using the Website, you agree to abide by and be governed by these Terms of Use which incorporates the posted Privacy Policy as though fully set forth herein. If you do not agree and accept these Terms of Use or Privacy Policy, please do not use or visit the Website or participate in any promotion posted on the Website. You affirm and agree that you are at least 18 years of age. If you are not 18 years of age you are not authorized to use BlissXO.

The Website is intended for use in the United States only. If you access the site from outside the US, you agree that you are doing so at your own risk and initiative and are responsible for compliance with all applicable laws, regulations and rules. You agree that we are not liable for any consequences of your use of our Website outside the US. Mandatory Arbitration. These Terms of Use ("TOU") contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Website.

2. SPONSORED CONTENT AND OFFERS

We provide a platform for third parties to post their offers on the Website. All the ads and content related to freebies, coupons, deals, sweepstakes, forums, or shopping services belong to third party owners who are using our platform. Third parties provide the advertising materials you see on our platform as well as the content including eligibility, and what you need to do to obtain the promoted item. All sweepstakes posted on our Website are sponsored by third parties who will advise you on their website how to enter and no cost alternative means of entry as well as the rules governing the applicable sweepstake ("Sweepstakes Rules").

Although we review the offers on the platform daily, we are not always able to review the "Sponsored Content" as it does not appear on or through our platform until you click on it. We provide the platform, search services, personalized content and at times branded programming. When you sign up to receive our services by email, you agree that we may send you notices and advertisements by email and that these advertisements are necessary for us to provide our Services. You also agree to receive certain communications from us - such as service announcements, administrative messages and informational email newsletters.

3. INTELLECTUAL PROPERTY RIGHTS

The Website, the platform and its general content ("Content") is owned and copyrighted by us with all rights reserved. Third party owners who post their offers to our platform and Website own their respective trademarks, logos or service marks which are owned by the respective owners. Your use of any Content, without the written permission is strictly prohibited. As a user of the Website, we grant you a non-exclusive, non-transferable, revocable and limited license to access and use the Content for your own personal, non-commercial use in accordance with these Terms of Use. Except for content related to third parties, all rights, title and interest in and to the platform and Website are ours, including but not limited to the design, selection, arrangement, and "look and feel" of content and all rights not expressly granted to you with respect to our Website and its content shall be expressly reserved to us or our respective licensee. You may not use or frame any BlissXO name, trademark, logo or other proprietary materials, including images posted on the site, the content of any design, text, images or videos of any page, or form contained on a page, without our express prior written consent. Except as expressly stated in these Terms of Use, neither the Website, nor any part thereof, may be copied, reproduced, distributed, republished, re-posted, transmitted, downloaded, displayed, or distributed in any form or by any means, including without limitation, electronic, digital, recording, mechanical, photocopying or otherwise without our prior written consent. Notwithstanding these restrictions, we may permit users to share specific content or services by making a widget, button or other tool available for the express purpose of sharing such Content on a social media channel such as Facebook, Twitter, Pinterest, Google+, or personal/independent blog.

4. PRIVACY

Any personal data you transmit to us by electronic mail or otherwise will be used by us in accordance with our Posted Privacy Policy which is incorporated herein as though fully set forth. Any communication or material you transmit to us by electronic mail or otherwise, including but not limited to questions, comments, suggestions, or inquires will be treated as, non-confidential and non-proprietary.

5. DISCLAIMER OF WARRANTIES

THE WEBSITE, OUR PLATFORM, ANY SERVICE PROVIDED BY US, INCLUDING SPONSORED CONTENT OR SWEEPSTAKES, IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT: (i) THE WEBSITE, ANY SERVICE PROVIDED, PRIZES, SUBMISSIONS AND/OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY SERVICE PROVIDED AND/OR CONTENT PRESENTED ON OUR WEBSITE WILL BE ACCURATE OR RELIABLE. ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, INCLUDING SPONSORED OFFERS OR SWEEPSTAKES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE WEBSITE, ANY SERVICE PROVIDED, SWEEPSTAKES, SUBMISSIONS AND/OR CONTENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. THE WEBSITE AND/OR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING TELECOMMUNICATIONS SERVICE.

Some jurisdictions may not allow the exclusion of implied warranties. Without limiting the foregoing, we neither warrant nor represent that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any emails, transmissions, posts, and the like that may be on the Website, we assume no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Website.

6. EXCLUSION OF LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF OUR AFFILIATES, PARENT COMPANIES, OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. ACCESS AND USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Both you and we acknowledge that we have entered into this agreement in reliance upon the limitations of liability and disclaimer of warranties and damages as set forth above and that the same form an essential basis of the bargain between us. We and you agree that the limitation and exclusions of liability and disclaimers in this Agreement shall survive and apply even if found to have failed their essential purpose.

7. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by JAMS, and conducted under The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes ("JAMS Rules") then in effect at the time of the dispute. You may obtain copies of the JAMS Rules and forms and instructions for initiating arbitration by visiting the JAMS website at www.jamsadr.com. If for any reason JAMS is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration we will promptly reimburse you for any standard filing fee which may have been required under JAMS' Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys" fees and costs to us including the filing fee.

If we have a dispute, we will submit our dispute for resolution by arbitration before JAMS in Wyoming. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration.

There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.

8. LINKS TO THIRD PARTY WEBSITES

All offers on the Website or through commercial email [including sweepstakes] that contain links to websites are owned or operated by parties other than us. These links are provided for your convenience only. We do not control, and are not responsible for, the content or privacy policies on or the security of such websites and disclaim any responsibility relating to such websites. Neither do we endorse the content, or any products or services available, on such websites.

Descriptions of, or references to, products, services, or publications within our website does not imply endorsement of that product, service, or publication. We make no warranty of any kind with respect to the subject matter provided by these third parties, the products they list, or the completeness or accuracy of the information they provide. BlissXO specifically disclaims all warranties, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose as to these third party products, service and websites.

No information or advice obtained by you from a posting on our Website shall create any warranty not expressed stated in these Terms of Use. We are not responsible or liable for the availability, usefulness or accuracy or any information made available through the Website, and shall not be responsible for any investment, medical, health, financial, or other decision based on such information.

9. REVISIONS TO THE TERMS

We may revise these Terms of Use at any time in the future to (i) improve or modify the Website or any services provided thereon or through, (ii) reflect future developments in our data information gathering, storing and release practices, (iii) comply with applicable laws, and (iv) changes in our business structure. Accordingly, you should review these Terms of Use from time to time to check for updates as no further notice other than posting will be provided to you. Your continued use of the Website and/or participation in a Sweepstakes shall evidence your acceptance of any changes. All changes shall be implemented from the date of posting forward.

10. GENERAL PROVISIONS

These Terms of Use and incorporated Privacy Policy constitute the entire agreement between you and us in connection with your use of the Website and supersedes all prior agreements between the parties regarding the subject matter contained herein. Delaware law governs the performance and interpretation of this Agreement, without regard to any conflicts of law provisions. If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. No failure of either party to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights. If you violate these Terms of Use, or otherwise create legal exposure or risk for BlissXO, we will stop providing all or part of BlissXO Service to you. You may be notified by email or at the next time you attempt to access your account, or your access may be stopped without notice. In the event we terminate your account all pending offers, prizes or sweepstakes you have entered will be terminated and cancel. You may also delete your account in full by contacting BlissXO via the Contact link at the bottom of the site.

11. DIGITAL MILLENIUM COPYRIGHT ACT COMPLIANCE

It is the policy of BlissXO to promptly process and investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 ("DMCA").

Pursuant to the DMCA, BlissXO has designated an agent to receive notification of alleged copyright infringement occurring on Web pages or computer servers. If you believe that your copyrighted work is being infringed on a BlissXO site, please notify our designated agent by postal mail at:

Copyright Compliance
BlissXO.com LLC
228 Park Ave S, New York, NY #77649
New York, NY 10003

We will review your claim and respond as it deems appropriate, which may include temporary or permanent removal of the allegedly infringing Content from the Site. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.

12. CONTACT INFORMATION

BlissXO.com, LLC
228 Park Ave S, New York, NY #77649
New York, NY 10003

13. ELECTRONIC SIGNATURE

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND OUR PRIVACY POLICY, ALL OF WHICH ARE INCORPORATED BY REFERENCE HEREIN, AND EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL FORCE AND EFFECT AS A WRITTEN DOCUMENT SIGNED BY YOU. ANY USE OF THIS WEBSITE BY YOU AFTER ANY AMENDMENTS OR MODIFICATIONS TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS AND THE AMENDMENT OF THE AGREEMENT BETWEEN US TO INCORPORATE SUCH AMENDED TERMS AND CONDITIONS.