Below is an updated Terms of Service incorporating the LLC name and clarifying that you serve a global audience, including clients from the EU. It includes a brief note referencing data protection considerations for EU residents. As always, I’m not an attorney, and this is not legal advice. For full compliance (particularly regarding data privacy/GDPR), consult with a qualified legal professional.
Terms of Service
Last Updated: 12/30/2024
Welcome to MoondanceAstrology.com (the “Website”). Moondance Astrology is a trade name of Sixteen Moons, LLC, a Washington State Limited Liability Company (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Website, services, and content provided by Moondance Astrology. By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
1. Global Reach / EU Users
1.1 Global Audience
We provide astrological services and readings to individuals worldwide. By using our Website from any region or country, you acknowledge that you do so voluntarily and that you are responsible for compliance with local laws, as applicable.
1.2 EU Users and Data Protection
We recognize that users from the European Union (“EU”) may have specific data protection rights under the General Data Protection Regulation (“GDPR”). Please review our separate Privacy Policy (or relevant data protection statement) to understand how we collect, use, and protect personal data for EU residents. If you have any questions or wish to exercise your GDPR rights, please contact us at [Insert GDPR-Specific Email or pamela@moondanceastrology.com.
2. Eligibility
2.1 Age Requirement
You must be at least 13 years old to access or use the Website. If you are under 13, you may use the Website only with the involvement of a parent or guardian who consents and supervises your usage.
2.2 Parental Responsibility
If you are a parent or guardian allowing a minor to use the Website, you agree to these Terms on behalf of the minor and take full responsibility for supervising their usage.
3. Account Registration
3.1 Accuracy of Information
Some features on the Website may require you to create an account. You agree to provide accurate, current, and complete information during the registration process.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials (username/password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Intellectual Property
4.1 Ownership
All content on the Website—text, images, graphics, logos, designs, and any other materials—is the property of Sixteen Moons, LLC dba Moondance Astrology and is protected by copyright, trademark, and other intellectual property laws.
4.2 Restrictions on Use
You may not copy, reproduce, distribute, publish, display, modify, create derivative works from, transmit, or otherwise exploit any content on the Website without prior written permission from Sixteen Moons, LLC.
5. User Conduct
5.1 Prohibited Activities
You agree not to use the Website to:
• Engage in any unlawful or fraudulent activity
• Harass, threaten, or abuse other users
• Interfere with or disrupt the Website’s normal operations
• Transmit any viruses or harmful code
5.2 Compliance With Laws
You agree to comply with all applicable local, state, national, and international laws, including privacy and data protection laws relevant to your location, in connection with your use of the Website.
6. Third-Party Links
6.1 Disclaimer
The Website may contain links to third-party websites or resources. These links are provided for your convenience only.
6.2 No Liability
We are not responsible for the content, products, services, or availability of any linked sites. You acknowledge and agree that Moondance Astrology (Sixteen Moons, LLC) is not liable for any loss or damage that may arise from your use of these third-party resources.
7. Return and Refund Policy
7.1 Gift Certificates
• Gift certificates are non-refundable.
• They must be redeemed within the validity period specified on the certificate.
• Gift certificates cannot be exchanged for cash or used to purchase other gift certificates.
• Moondance Astrology is not responsible for lost or stolen gift certificates.
7.2 Readings
• All readings are non-refundable.
• If you are not satisfied with your reading, please contact us within seven (7) days of receiving it at [Insert Preferred Contact Method].
• We will make reasonable efforts to address your concerns; however, due to the nature of the service, refunds are not available.
7.3 Other Products
• For any other products available for purchase on the Website, refunds may be considered on a case-by-case basis.
• To request a refund, contact us within seven (7) days of receiving the product at support@moondanceastrology.com, providing a detailed reason for your request.
• We will review your request and respond within a reasonable timeframe.
8. Disclaimers and Limitation of Liability
8.1 As Is / As Available
The Website and its content are provided on an “as is” and “as available” basis. Moondance Astrology (Sixteen Moons, LLC) makes no warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2 Limitation of Liability
To the maximum extent permitted by law, Moondance Astrology (Sixteen Moons, LLC) shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of or inability to use the Website, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Moondance Astrology (Sixteen Moons, LLC), its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or related to:
• Your use of the Website
• Your violation of these Terms
• Your violation of any rights of a third party
10. Changes to the Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will endeavor to provide at least 30 days’ notice prior to the new Terms taking effect. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms.
11. Termination
11.1 Termination Right
We reserve the right, in our sole discretion, to terminate your access to the Website and your account at any time, without notice, for any reason, including but not limited to your breach of these Terms.
11.2 Effect of Termination
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including (without limitation) ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles. Any disputes arising from these Terms or your use of the Website shall be resolved exclusively in the courts of the State of Washington.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and be enforceable.
14. Entire Agreement
These Terms, together with any policies or operating rules posted on the Website, constitute the entire agreement and understanding between you and Moondance Astrology (Sixteen Moons, LLC). They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
15. Waiver
The failure of Moondance Astrology (Sixteen Moons, LLC) to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. Assignment
You may not assign your rights or delegate your obligations under these Terms without our prior written consent. Sixteen Moons, LLC may assign its rights and obligations under these Terms without restriction.
17. Force Majeure
Neither party shall be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to:
• Acts of God
• Acts of government
• Floods, fires, earthquakes
• Civil unrest
• Acts of terror
• Strikes or labor problems
• Computer or telecommunications failures
• Delays in obtaining supplies
18. Contact Information
If you have any questions or concerns about these Terms, the Website, or how we handle data (including GDPR-related inquiries), please contact us at:
• Email: pamela@moondanceastrology.com
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.