Psychiccenter.com Terms of Service
THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE PSYCHICCENTER.COM SITE (THE "SITE") AND ASSOCIATED SERVICES.
WELCOME! WHEN USING THE SERVICES OR MERELY BROWSING THE SITE, YOU ("MEMBER" OR "YOU") AGREE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN ("TERMS OF SERVICE"). BY ACCESSING THE SITE OR ASSOCIATED SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
PSYCHICCENTER.COM ("PSYCHICCENTER.COM" OR "WE") MAY AMEND THESE TERMS OF SERVICE AT ANY TIME IN OUR DISCRETION. THESE CHANGES WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF THE SITE OR ASSOCIATED SERVICES. HOWEVER, IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS OF SERVICE, WE WILL NOTIFY EXISTING USERS BY INCLUDING A NOTICE OF THESE CHANGES IN THE NEWSLETTER THAT WE SEND TO OUR USERS AND/OR BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON THE SITE. THE AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE FOR EXISTING USERS ON THE EARLIER OF THIRTY (30) CALENDAR DAYS AFTER THEY ARE INITIALLY POSTED ON THE SITE OR THIRTY (30) CALENDAR DAYS FOLLOWING OUR DISPATCH OF OUR NEWSLETTER CONTAINING NOTICE OF THE CHANGES. IF THE LAST E-MAIL ADDRESS THAT YOU HAVE PROVIDED US IS NOT VALID, OR FOR ANY REASON IS NOT CAPABLE OF DELIVERING TO YOU THE NEWSLETTER DESCRIBED ABOVE, OUR DISPATCH OF THE NEWSLETTER CONTAINING SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE OF THE CHANGES DESCRIBED IN THE NEWSLETTER. IF YOU DO NOT AGREE TO THE REVISED TERMS OF SERVICE, YOU MUST DISCONTINUE USING THE SITE AND ASSOCIATED SERVICES. YOU AGREE THAT YOUR CONTINUED USE OF THIS SITE AFTER NOTICE OF SUCH AMENDMENT SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGE. THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED EXCEPT BY A WRITING SIGNED BY BOTH YOU AND PSYCHICCENTER.COM.
1. DESCRIPTION OF PSYCHICCENTER.COM: PsychicCenter.com provides astrological content, data, and telephone and e-mail consultations ("Content"). Content is available via the World Wide Web, e-mail, and phone. Although portions of the Content may be viewed simply by visiting the Site (the "General Services"), in order to access additional Content and services (including telephone-based services) from Psychiccenter.com (the "Personalized Services"), You need to register as a member of Psychiccenter.com. The General Services and the Personalized Services are referred to collectively in these Terms of Service as the "Services." In consideration for the Personalized Services, Member agrees to:
(1) provide certain current, complete, and accurate information about Member as prompted to do so by Psychiccenter.com and
(2) maintain and update this information as required to keep it current, complete and accurate. All information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as "Registration Data."
Some of the Services and Content are provided by third party suppliers and not by Psychiccenter.com.
2. MEMBER ELIGIBILITY: Psychiccenter.com only permits use of the Services by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended Psychiccenter.com members. In addition, Psychiccenter.com does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that are prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If you do not qualify, please do not use the Services.
3. MEMBER REGISTRATION DATA: Upon registration, including Your provision of Registration Data, You will receive a Psychiccenter.com identification ("Phone ID") and a PIN. You are entirely responsible if You do not maintain the confidentiality of Your Phone ID and PIN. You are responsible for all uses of Your account, whether or not actually or expressly authorized by you. You may change Your PIN by following instructions on the Site. You agree that Your account, Phone ID, and PIN may not be transferred or sold to another party. You agree to immediately notify Psychiccenter.com of any unauthorized use of Your account or any other breach of security known to You.
4. PAYMENT: You agree to pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Psychiccenter.com with valid and updated credit card information at the time You purchase any Services. You authorize Psychiccenter.com to charge Your credit card for all fees and charges due and payable as a result of Your purchase of such Services. Psychiccenter.com's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies or duties. All fees for the Services are non-refundable.
5. OUR ACCESS TO YOUR ACCOUNT: In order to ensure that Psychiccenter.com is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to Psychiccenter.com employees and agents accessing Your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
8. MEMBER BEHAVIOR AND RESTRICTIONS; COMPLIANCE WITH LAWS: Your right to use the Services is personal to You. You represent that You are an individual and that You are not a corporation or other business entity. You are permitted to use the Services and the Site Content solely for Your own personal use and You can maintain one account only. You agree not to record Your readings. You agree not to resell or make any commercial use of the Services or the Site Content without the express written consent of Psychiccenter.com. You may not remove any copyright or other proprietary notices contained in the Site Content. You are solely responsible for the contents of Your transmissions through Our Site. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:
(1) to comply with all U.S. laws regarding the transmission of technical data exported from the United States through the Service;
(2) not to use the Site or the Services for illegal purposes;
(3) not to interfere or disrupt networks connected to Psychiccenter.com;
(4) to comply with all applicable regulations, policies and procedures of networks connected to the Site;
(5) not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or the Site Content;
(6) to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. Psychiccenter.com makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies, and procedures. You will not use the Site for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with any other Psychiccenter.com members' use or enjoyment of the Site or Services; and
(7) You are responsible for any content that you upload, post, email, transmit or otherwise make available on the Site ("Make Available"), whether publicly posted or privately transmitted. You agree not to Make Available through the Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to Make Available any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. We may (but have no obligation to) to remove any of your content for any reason (or no reason). In addition, if we become aware of any possible violations by You of any provisions of the Terms of Service, we reserve the right to investigate such violations and we may, at our sole discretion, immediately terminate your license to use the Site, Services or Site Content, or change, alter, or remove your content, in whole or in part, without prior notice to you.
9. PROPRIETARY RIGHTS TO SITE CONTENT: You acknowledge that the content made available on the Site, including but not limited to Content, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, distributed via e-mail, or made available to Member by Psychiccenter.com, its suppliers, and/or advertisers ("Site Content"), may be protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Psychiccenter.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Site Content solely for your personal use in connection with viewing the Site and using the Services. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Site Content unless expressly authorized by Psychiccenter.com or its suppliers. Psychiccenter.com and its suppliers reserve all rights in and to the Site Content not expressly granted by these Terms of Service.
10. SUBMISSIONS. If you have any questions, suggestions, ideas, feedback, or recommendations about these Terms of Service, the practices of this Site, or your dealings with this Site, you can contact us by e-mail or U.S. mail using the contact information set forth in Section 16. Psychiccenter.com alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Site, the Site Content, or the Services and You hereby assign such submissions to Psychiccenter.com free of charge. Psychiccenter.com may use such submissions as it deems appropriate in its sole discretion.
11. THIRD PARTY SITES; THIRD PARTY CONTENT. The Site contains (or you may be sent through the Site or Services) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
12. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:
(A) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. PSYCHICCENTER.COM ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS;
(B) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, PSYCHICCENTER.COM MAY DELETE E-MAIL OR OTHER ACCOUNTS OR THE INFORMATION THEREIN IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS;
(C) USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SITE CONTENT AND/OR DATA FROM THE SERVICES;
(D) THE CONTENT AND SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PSYCHICCENTER.COM, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT OR SERVICES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PSYCHICCENTER.COM'S SITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH PSYCHICCENTER.COM'S SITE, AND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PSYCHICCENTER.COM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
(A) THE USE OF, OR THE INABILITY TO USE, THE SERVICES;
(B) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR
(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR DATA.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
14. NOTICE OF COPYRIGHT INFRINGEMENT. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site or in connection with the Services or Site Content, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
(3) A description of where the content that you claim is infringing is located on the Site;
(4) Information sufficient to permit Psychiccenter.com to contact You, such as Your physical address, telephone number and e-mail address;
(5) A statement by You that You have a good faith belief that the use of the content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(6) A statement by you that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
126 South Park
San Francisco CA 94107-1809
415 615 9028
415 615 9030
The Designated Agent should be contacted only if you believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to or from the Site, or in connection with the Services or the Site Content. All other inquiries directed to the Designated Agent will not be responded to. Such inquires should be made through the feedback procedure referenced in Section 10.
16. NOTICES. Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via e-mail or U.S. mail. Notice shall be deemed given 24 hours after an e-mail is sent, or 3 days after deposit in the U.S. mail, to Member at the address provided by Member in the Registration Data and to Psychiccenter.com at the address set forth below:
126 South Park
San Francisco CA 94107-1809
17. TERMINATION. We reserve the right, in our discretion, to terminate your registration on the Site or block access to the Site or Services provided to you. We reserve the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to You.
18. ARBITRATION; INJUNCTIVE RELIEF. Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the AAA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in California in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of California and venue in San Francisco, California for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand US dollars (US $1,000).
These Terms of Service were last revised in April 2010.