PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.
Quick Guide to Contents:
General Definitions
Acceptance Procedure
By visiting and using the Sites or Services, you acknowledge that you have read the Terms of Use and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. PsychicTone reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the Sites and/or Services will be deemed to be your acceptance of and agreement to any such changed terms and conditions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), you must discontinue use of the Sites and the Services and immediately cancel your Account.
Privacy Policy
We know that the privacy of your personal information is important to you. The personal information you submit to PsychicTone is governed by the Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
Rules Of Service
Not for Use in Certain Jurisdictions.
The Services may not be used by residents of any jurisdiction where such use is prohibited.
Age
To sign-up to receive horoscopes and newsletters, you must be eighteen (18) years of age or older. To open an Account and access Readings, you must be eighteen (18) years of age or older.
Account
In order to access certain features of the PsychicTone Service, such as for a Customer to request advice or for an Advisor to offer Advisor Services through the PsychicTone Service, you must register to create an account ("Account") and become a Member. To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PsychicTone reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not to disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify PsychicTone of any unauthorized use of your Account.
Payment And Charges
You agree to pay for all Services, including Readings, purchased using your Account. Charges for Readings are calculated based on full-minute increments, and the length of a Reading is rounded up to the next full-minute at the end of each Reading. For all purchases of Services, you agree that you will use only credit cards, debit cards, PayPal accounts, or other payment mechanisms for which you are the card or account holder.
Auto-Recharge
The Auto-Recharge feature can be enabled when you buy PsychicTone Credit when you check the appropriate box. Your PsychicTone Credit balance will be recharged with any amount that you chose and by the payment method you chose when you first signed up for Auto-Recharge, unless you subsequently change the amount by accessing your Account. For example, the chosen recharge amount will be charged to your credit card each time your account balance goes below the threshold set in your PsychicTone account. If you do not want to enable Auto-Recharge, please uncheck the box. You can disable Auto-Recharge at any time from your Account.
Deactivation Of Your Account
Your account may be deactivated if your payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your membership subscription.
Confidentiality Of Account Information
You agree to maintain the confidentiality of your Account information, including your password (“Password”) and personal identification number (“PIN”), and to notify the Company of any unauthorized use of your Account, Password or PIN, or any other breach of security.
Accounts And PsychicTone Credits
To access any Services that require purchases, including Readings, you must purchase or receive “PsychicTone credits” which will be deposited into your Account. Any balance associated with your Account will be denominated in PsychicTone credits rather than U.S. Dollars or another currency. PsychicTone credits can only be used to purchase or access Services. PsychicTone credits have no cash value and are not redeemable for cash except to the extent required by law. PsychicTone credits are issued by the Company. However, the Company may in its discretion assign any obligations it may have with respect to PsychicTone credits to an affiliate or third party, without recourse. In the event of any such assignment, you agree that such assignee, and not the Company, shall be solely liable to you with respect to the PsychicTone credits.
Refusal Of Services
We reserve the right to refuse the provision of Services to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Sites or using our Services. Furthermore, a reader has the right to terminate the provision of Services at any time if a customer’s comments and/or behavior are deemed by the reader to be inappropriate, abusive, or threatening. Readers will report the termination to Customer Service and such a customer may be denied future access to the Sites and/or Services. Any such report made by a reader to us shall not be deemed a violation of our Privacy Policy.
Our Satisfaction Guarantee
We don't guarantee that readers’ predictions will come true, but we do our best to ensure that you enjoy the Readings. To ensure your satisfaction with your Reading experience, we offer a guarantee on your most recently paid Reading. Specifically, we will credit your Account with PsychicTone credits in accordance with the following guidelines:
Discounts And Offers
Unless otherwise specifically provided, all coupons, discounts and special offers are non-transferrable, valid for a limited period of time, can be used only once per customer, and may not be combined with any other coupon, discount or special offer. Unless otherwise specifically provided, introductory offers are valid only for new customers on their first purchase. There is a limit of one introductory offer per person, credit card, phone number, address, and email, and anyone who attempts to circumvent this limitation may be refused service and subject to liability.
PsychicTone Only Provides A Venue
The PsychicTone Service is a communications platform for enabling Transactions between Customers and Advisors. PsychicTone does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Advisor Services provided by Advisors, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. PsychicTone cannot confirm that the Users are who they claim to be. PsychicTone does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
User Responsibilities
PsychicTone does not select, screen, approve, endorse or limit its Advisors. We do not make any warranty of quality or fitness and under no circumstances may PsychicTone be held liable for the actions or omissions of any Advisor performing Advisor Services for you. Information on the Website, including but not limited to information posted publicly on the Site, and other User Content does not reflect any endorsement or approval by PsychicTone. PsychicTone does not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Content or the qualifications of those posting User Content. PsychicTone SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
Advisors
You acknowledge that Advisors are not the employees or agents of PsychicTone. All Advisors who offer their services to perform consulting services for other users operate independently from PsychicTone. PsychicTone reserves the right to remove any Advisor account from the PsychicTone website.
Advisor Policy:
Advisors must:
- Continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information listed;
- Promise not to misrepresent yourself or create a misleading profile listing;
- Not provide any Advisor Services which require a professional license, such as a physician, other health practitioner, attorney, accountant or financial planner, unless you have a valid professional license in the relevant jurisdiction(s) and such license allows for providing Advisor Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional services, you may not provide such services through the Site.
- If an Advisor profile and phone extension receive no activity for 3 months or longer;
- If an Advisor profile receives below average ratings from Customers;
- If PsychicTone learns that an Advisor is violating the email protocols set forth in the CAN-SPAM act, such as by engaging in bulk email spamming or using emailing programs and email list generators to promote your services.
General Restrictions And Prohibitons
All Users agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Not use any audio recording or retention devices/technology in connection with Readings, and you will not otherwise make any recordings, copies, scans, or transcriptions of Readings, including Readings by phone, chat, without the prior written consent of the Company.
- Use, display, mirror or frame the PsychicTone Service, or any individual element within the PsychicTone Service, PsychicTone's name, any PsychicTone trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PsychicTone's express written consent;
- Access, tamper with, or use non-public areas of the PsychicTone Service, PsychicTone's computer systems, or the technical delivery systems of PsychicTone's providers;
- Attempt to probe, scan, or test the vulnerability of any PsychicTone system or network or breach any security or authentication measures;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or chain letters;
- Use the PsychicTone Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PsychicTone Service or Service Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the PsychicTone Service;
- Collect or store any personally identifiable information from the PsychicTone Service from other users of the PsychicTone Service without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Copyright and IP Policy And Reporting Infringement
PsychicTone respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
- Identification of the copyrighted or trademarked work that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
- 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/trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Links To Third-Party Websites
The PsychicTone Service may contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by PsychicTone. You acknowledge and agree that PsychicTone has no control over and is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PsychicTone of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources. You expressly relieve PsychicTone from any and all liability arising from your use of any third-party website or services or third party content.
No Waiver
Severability
No Agency
Termination
Disclaimers
THE PSYCHICTONE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PSYCHICTONE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PSYCHICTONE MAKES NO WARRANTY THAT THE PSYCHICTONE SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PSYCHICTONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, PSYCHICTONE SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE PSYCHICTONE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PSYCHICTONE SERVICE.