Disclaimer/Limitation of Liability/Warranty
Disclaimer
The use of the Astrokhoj website, its services, and content is at the User’s own risk. The website and its content are provided on an “as-is” and “as-available” basis without any warranties, representations, or conditions of any kind, either express or implied, including but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.
Astrokhoj makes no warranties or representations about the accuracy or completeness of the content on the website or the content of any sites linked to this website. Astrokhoj assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website.
Limitation of Liability
In no event shall Astrokhoj, its affiliates, partners, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- The use or inability to use the website.
- Any unauthorized access to or use of our secure servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the website.
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Astrokhoj is advised of the possibility of such damages.
Warranty
Astrokhoj does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Astrokhoj will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Astrokhoj does not make any representations or warranties regarding the availability, accuracy, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the website by any user, information provider, or any other person or entity. You acknowledge that any reliance upon such information shall be at your sole risk.
No Professional Advice
The content on Astrokhoj’s website is for informational purposes only and should not be considered as professional advice. Users are encouraged to seek professional advice or consultation for specific issues or concerns.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnity
You agree to defend, indemnify, and hold Astrokhoj, its affiliates, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, your violation of these terms, or your violation of any rights of another.
Changes to the Disclaimer / Limitation of Liability / Warranty
Astrokhoj reserves the right to modify or replace any part of this Disclaimer / Limitation of Liability / Warranty without notice. It is your responsibility to check this page periodically for changes.your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The Website shall not be liable for any inaccuracy, error, or delay in, or omission of (a) any data, information, or message, or (b) the transmission or delivery of any such data, information, or message, or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay, or omission, non-performance, or interruption in any such data, information, or message. Under no circumstances shall the Website and/or the payment service providers, its employees, directors, and its third-party agents involved in processing, delivering, or managing the services, be liable for any direct, indirect, incidental, special, or consequential damages, or any damages whatsoever, including punitive or exemplary damages, arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the services
Indemnification
The User shall indemnify, defend, and hold harmless the Website and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Services, your violation of the Privacy Policy or these Terms of Service, or your violation of any third party’s rights, including without limitation, infringement by you or any other user of your account of any intellectual property or other right of any person or entity. These Terms of Service will inure to the benefit of the Website’s successors, assigns, and licensees.
Proprietary Rights To Content
The User acknowledges that the Content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in sponsor advertisements or distributed via email, commercially produced information presented to Member by the Website, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. The User is not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by the Website, its suppliers, or advertisers. Moreover, the content such as images, text, designs, etc., on all of the portals of the Website are taken from various online portals such as Google Images. Astrotalk Services Private Limited (Formerly Codeyeti Software Solutions Pvt. Ltd.) is not liable for any copyrights of that content or data.
Restricted Content
Child Endangerment
Our App prohibits users from creating, uploading, or distributing content that facilitates the exploitation or abuse of children, which will be subject to the immediate deletion of the account. This includes all child sexual abuse materials. To report content on the Astrotalk App that may exploit a child, click.
We prohibit the use of the Astrotalk app to endanger children. This includes but is not limited to the use of apps to promote predatory behavior towards children, such as:
- Inappropriate interaction targeted at a child (for example, groping or caressing).
- Child grooming (for example, befriending a child online to facilitate, either online or offline, sexual contact and/or exchanging sexual imagery with that child).
- Sexualization of a minor (for example, imagery that depicts, encourages, or promotes the sexual abuse of children or the portrayal of children in a manner that could result in the sexual exploitation of children).
- Sextortion (for example, threatening or blackmailing a child by using real or alleged access to a child’s intimate images).
- Trafficking of a child (for example, advertising or solicitation of a child for commercial sexual exploitation).
We will take appropriate action if we become aware of content with child sexual abuse materials.
In addition, content that appeals to children but contains adult themes is strictly prohibited, including but not limited to:
- Content with excessive violence, blood, and gore.
- Content that depicts or encourages harmful and dangerous activities.
We also don’t allow users that promote negative body or self-image, including apps that depict for entertainment purposes plastic surgery, weight loss, and other cosmetic adjustments to a person’s physical appearance.
Inappropriate Content
To ensure that Our App remains a safe and respectful platform, we’ve created standards defining and prohibiting content that is harmful or inappropriate for our users.
Sexual Content and Profanity Policy
At Astrokhoj, we are committed to maintaining a respectful and safe environment for all users. Our policy regarding sexual content and profanity is clear and non-negotiable. We do not tolerate accounts or content that contain or promote explicit sexual material or profanity. Here are the key aspects of our policy:
- Explicit Sexual Content: We strictly prohibit accounts or content that contain explicit sexual nudity, sexually suggestive poses, depictions of sex acts, or the sexual depiction of body parts. This includes content that promotes or solicits sexual acts in exchange for compensation.
- Lewd or Profane Content: Content that is lewd or profane, including the use of explicit language, slurs, or adult/sexual keywords in store listings or in-app, is not allowed.
- Sexual Aids and Themes: Content that promotes or contains sexual aids, guides, illegal sexual themes, or fetishes is in violation of our policy.
- Bestiality: Any content that depicts, describes, or encourages bestiality is strictly prohibited.
- Sex-Related Entertainment: We do not allow content related to sex-related entertainment or escort services, or any content that may be interpreted as soliciting sexual acts in exchange for compensation. This includes compensated dating or similar arrangements.
- Objectification: Content that degrades or objectifies people, such as apps claiming to undress people or see through clothing, even if labeled as pranks or entertainment, is not permitted.
- Threats and Exploitation: We do not tolerate content or behavior that threatens or exploits individuals in a sexual manner. This includes creepshots, hidden camera content, non-consensual sexual content created via deepfake or similar technology, or any form of assault content.
Enforcement: Violations of this policy give us the absolute right to delete accounts with immediate effect. We take these matters seriously to ensure a safe and respectful environment for all our users.
Our Commitment: We are committed to upholding these guidelines to create a positive and secure platform for everyone. Your cooperation in adhering to these rules is essential in achieving this goal.
Governing Law & Jurisdiction
At Astrokhoj, we value transparency and clarity in our terms of service. Here’s our policy on governing law and jurisdiction:
Dispute Resolution: In the event of any dispute, claim, or controversy arising from or related to these Terms of Usage, including any questions about its scope or applicability, or your use of our Application and the information it provides, the matter shall be resolved through arbitration in India. The arbitrator will be mutually appointed by both Members and our Website.
Arbitration Process: Arbitration proceedings will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration will be in New Delhi, and all proceedings, including any awards, will be conducted in the English language. The award reached through arbitration will be final and binding on all parties involved.
Court Jurisdiction: Despite the arbitration process, both parties retain the right to seek interim or preliminary relief from a court of competent jurisdiction in New Delhi to safeguard their rights while arbitration is ongoing.
Exclusive Jurisdiction: Both parties agree to submit to the exclusive jurisdiction of Indian courts located in New Delhi for any such legal proceedings. Any party that files an action contrary to this provision may be liable to cover the other party’s attorneys’ fees and costs, up to a maximum of One Lakh Rupees INR.
Governing Law: These Terms of Usage will be governed by and interpreted in accordance with the laws of India, without regard to any choice of law principles that might dictate the application of laws from a different state.
Invalid Provisions: If any provision or portion of these Terms of Usage or Privacy Policy is found to be unenforceable or invalid by a court of competent jurisdiction, that specific provision will be modified and interpreted to achieve its intended objectives within the bounds of applicable law. The remaining portions of these Terms of Usage or Privacy Policy will remain in full force and effect.
Headings: The headings used in these terms are for reference purposes only and do not define, limit, construe, or describe the scope or extent of each section.
Waiver: Any waiver of a provision in these Terms of Usage will only be effective if it is in writing and signed by Astrotalk.
Entire Agreement: These Terms of Usage constitute the entire agreement between the parties concerning the subject matter herein. They supersede and replace any prior or contemporaneous understandings or agreements, whether written or oral, on the same subject matter.
Conflict Resolution: Any dispute arising from these Terms of Usage and your use of our services will be interpreted and resolved under the laws of India, excluding conflict of laws rules. Both parties agree to submit any such dispute to the jurisdiction of a court located in New Delhi for actions where they seek injunctive or equitable relief to protect their copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
We are committed to ensuring a fair and transparent process for addressing any issues or disputes that may arise, and these terms outline the procedures to achieve that goal.
