Web Licensing Agreement
Astrology.ca hereby grants to the purchaser non-exclusive electronic rights license to publish Astrology.ca Daily Horoscopes on one web site or in one print publication only. An exception will be made to include a print publication and it’s affiliated web site, provided they are both branded under the same name.
Astrology.ca will provide the archive for a full year’s content, in the customer’s specified format, within two business days of receipt of payment (delivery time may vary, usually it will be within 12-24 hours).
Astrology.ca authorizes the purchaser to advertise the Horoscopes in advertising, press releases, marketing materials and periodic newsletters to the Subscriber’s subscriber base.
The purchaser will pay the Content Provider the sum of $240.00 (US Dollars) for permission to publish this content on one web site or print publication for a one year period.
Warranties, Indemnification and Limitation of Direct Liability
4.1. Warranties by each party. Each party to this Agreement represents and warrants to the other party that:
(i). Such party has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder;
(ii). The execution of this Agreement by such party, and the performance by such party of its obligations and duties hereunder, do not and will not violate any Agreement to which such party is a party or by which it is otherwise bound;
(iii). When executed and delivered by such party, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such Party in accordance with its terms; and
(iv). Such party acknowledges that the other party makes no representations, warranties or Agreements related to the subject matter hereof that are not expressly provided for in this Agreement.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys’ fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
Limitation of liability; disclaimer; indemnification
(a). Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
(b). No Additional Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Astrology.ca owns all copyright and trademarks to Astrology.ca Daily Horoscopes, and does license them to print publications, web sites, cellular providers and other parties.
No Inadvertent Waiver
No waiver of any breach of any provision of this Agreement constitutes a waiver of prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving party.
Neither party is liable for, and will not be considered in default or breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence, provided that the affected party will use best efforts to resume normal performance.
This Agreement is governed by the laws of the Province of Ontario Canada.
All notices, authorizations, and requests in connection with this Agreement will be deemed given on the date of purchase.
Relationship of Parties
Neither this Agreement, nor any terms and conditions contained herein may be construed as creating or constituting a joint venture or agency relationship or as granting a franchise.
This Agreement together with each exhibit hereto, which is incorporated herein by this reference, embodies the entire Agreement between the parties and supersedes all previous and contemporaneous Agreements, understandings and arrangements with respect to the subject matter hereof, whether oral or written, and may be amended only by a written instrument duly signed by authorized representatives of the Subscriber and The Content Provider.
By clicking on our PayPal button and completing this order, you acknowledge that you accept the terms of this agreement.