THESE TERMS OF USE (“TERMS OF USE”) SET FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE SUPERHOROSCOPES.COM (“OUR WEBSITE”) AND ANY SERVICES ON OUR WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. BY USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THE PROVISIONS CONTAINED IN THESE TERMS OF USE. WE MAY AMEND THESE TERMS OF USE FROM TIME TO TIME BY POSTING SUCH AMENDED TERMS, AND YOU AGREE TO BE BOUND BY ANY SUCH AMENDMENTS. THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE REGULARLY. IF THESE TERMS OF USE OR ANY AMENDMENTS ARE UNACCEPTABLE, YOU MUST DISCONTINUE YOUR USE OF OUR WEBSITE IMMEDIATELY. AS USED IN THESE TERMS OF USE, “WE”, “OUR”, AND “US” REFERS TO MIVA DIRECT, INC.

1. GENERAL

1. Our website provides free horoscopes and other astrological content for entertainment purposes only. We reserve the right to modify, suspend, or discontinue our website or the content of our website (or any part thereof) at any time for any or no reason with or without notice and without liability.
2. You shall not use or attempt to use our website for any improper or unlawful purpose including, without limitation, to violate any of our policies, procedures, or requirements, or to interfere with, disrupt, or breach the security of our website or any of our servers or networks. You are responsible for ensuring that your use of our website does not violate any applicable local, state, federal, international or other law, rule, or regulation including, without limitation, those of the U.S. Securities and Exchange Commission, any national or international stock exchange, and any law regarding the transmission of technical data exported from the United States of America or any other country.
3. You should review our privacy policy before using our website, which is incorporated into these Terms of Use by reference.

2. OWNERSHIP

All materials contained on our website including but not limited to text, images, and graphics are protected under applicable laws relating to intellectual property rights, such as copyright, patent, and trademark laws. No part of our website may be reproduced, copied, modified, republished, or transmitted in any manner by any means without our written permission. You shall not modify our website or sell, lease, loan, distribute or create any derivative works from it.

3. LINKS

Our website may contain links to third-party websites that are not under our control. We assume no responsibility for your decision to utilize any third-party links on our website, or for the accuracy or usefulness of any materials contained on any such sites. Such third-party sites may contain material that is inappropriate, illegal, offensive or otherwise objectionable in some way. You assume all risks, direct and indirect, for following links from our website, either in search results, banner advertisements, or other links.

4. INTELLECTUAL PROPERTY

We grant you a limited, non-exclusive, revocable, non-sublicensable license to use our website for personal, informational, and non-commercial purposes only. Except as expressly set forth herein, nothing contained on our website confers any license, right, title, or interest in or to our intellectual property or any third-party's intellectual property (including but not limited to patents, copyrights and trademarks) in any form by implication, estoppel, or otherwise.

5. INFRINGEMENT

We respect the intellectual property rights of others. In compliance with 17 U.S.C. § 512, if you believe our website infringes your intellectual property rights, please contact us (in writing, including your name, address, and telephone number, and providing a description and the location of the alleged infringing material) at the address stated at the end of these Terms of Use so that we may review any alleged infringement.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold us and our directors, officers, employees, agents, contractors, affiliates, parent company, subsidiaries, successors and assigns harmless from any and all third-party losses, claims, demands, liabilities, damages, costs or expenses of any kind or nature (including but not limited to reasonable attorneys' fees and costs of litigation) resulting from your use of our website, your violation of these Terms of Use, or your violation of any rights of any third party.

7. DISCLAIMER OF WARRANTIES

OUR WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY TYPE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; ANY WARRANTY THAT ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SECURE, OR ERROR-FREE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF OUR WEBSITE FOR YOUR PURPOSES OR EXPECTATIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CERTAIN PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, CONTENT PROVIDERS, AFFILIATES, PARENT COMPANY, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), LOSS OF DATA, REVENUE, OR CUSTOMER GOODWILL, OR FOR FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR WEBSITE OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR WEBSITE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE.

9. THIRD PARTY BENEFICIARIES

Except as may be specifically set forth in these Terms of Use, there are no third party beneficiaries to these Terms of Use.

10. PARTIAL INVALIDITY

If any provision of these Terms of Use for any reason shall be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of these Terms of Use; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.

11. WAIVER

The failure by us to enforce any provision of these Terms of Use will not be deemed a waiver of such provision or any other provision.

12. GOVERNING LAW AND JURISDICTION

The laws of the state of New York, U.S.A. govern all matters arising out of these Terms of Use, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. Any dispute or claim arising out of or in relation to these Terms of Use, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of the state of New York, U.S.A. and of any federal court located in the state of New York, U.S.A.

13. ENTIRE AGREEMENT

These Terms of Use (and any other notices, policies, procedures, agreements, and terms and conditions concluded with you in writing offline) contain the entire understanding with respect to your use of our website and our relationship with you and supersede all prior understandings and agreements, whether written or oral, and all prior dealings in relation to your use of our website. Section headings in these Terms of Use are solely for the purpose of reference, and will not affect the meaning or interpretation of these Terms of Use.

14. CONTACT

If you have questions or concerns regarding these Terms of Use, please contact us at the following address:

MIVA Direct, Inc.
143 Varick Street
New York, NY 10013

Last Updated: February 4, 2008