California Psychics Terms of Use

Your right to use the Sites and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Sites and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the Sites or the Services, you agree:

The Company reserves the right, in its sole discretion, to immediately terminate your access to and use of the Sites or the Services, including your right to redeem any California Psychics Dollars, without right to refund, for any violation of these Terms of Use.

The Sites may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Sites does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Sites, or based on such third party’s participation or presence on the Sites, are solely between you and the third party. California Psychics makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Sites to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

The content on or delivered through the Sites, including, without limitation, all designs, text, messages, communications, documents, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Company’s licensors, and other files or information (“Content”), and the selection and arrangement thereof, is proprietary property and protected by copyright, trademark, and other intellectual property laws under both United States and foreign laws. Any use of Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company hereby authorizes you to view Content for non-commercial personal use only. You shall not record or otherwise copy any Content. Specifically, and without limiting the foregoing, you shall not use any audio recording or retention devices/technology in connection with Readings, and you will not otherwise record, copy, scan, or transcribe Readings, including Readings by phone, chat or direct message, without the prior written consent of the Company. All rights not expressly granted herein are reserved to Company and its licensors.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, post, reproduce, republish or retransmit any Content contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content, without the express written consent of the Company. No information or statement contained in these Terms of Use or the Sites shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party.

You may not, without Company’s written permission, “mirror” any Content contained in the Sites or any other server. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites through hacking, password mining or any other means. The Company may, at our sole discretion, limit, restrict, or terminate the access and use of the Sites of any users at any time, for any reason or for no reason at all, without prior notice or any notice.

In certain areas of the Site, California Psychics provides consumers the opportunity to leave reviews, provide testimonials, upload content (including text and images) and submit blog posts for publication to the Sites (“Submissions”). You acknowledge that you are responsible for any Submissions you provide to the Company or post, upload, input, submit, or transmit to the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites any content which is libelous, scandalous, inflammatory, defamatory, discriminatory, false, vulgar, obscene, pornographic, profane, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views, or disability, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Company, exposes Company or any of its licensors, partners, or customers to any liability or detriment of any type.

Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to the Company and the Sites, you automatically grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of the Sites to access, view, store, or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonials,” you acknowledge that you grant the Company the right to publicly display all or a part of such Submission on the Sites or in any other format or media at any time.

By posting or submitting content on or to the Sites (including the Company’s blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving the Company and its affiliates, agents and third party contractors the right to display or publish such content on the Sites and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Sites made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Sites, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and the Company, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company, its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by the Company and these Terms of Use.

We reserve the right to edit, remove or not publish Submissions without prior notice.

The Sites (including, without limitation, text, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising the Sites are also copyrighted works, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in the Sites.

If you are a copyright owner or agent thereof and believe that any Submission accessible on or from the Sites infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can reach our Copyright Agent as follows: By mail: Copyright Agent, California Psychics, 3746 Foothill Blvd. #1119, Glendale, CA 91214; or by e-mail at: copyrightagent@californiapsychics.com

Except as specifically provided otherwise herein, the interpretation and enforcement of these Terms of Use and any disputes related to or arising out of your agreements with the Company or use of the Sites or Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Notwithstanding the foregoing, the arbitration agreement set forth below shall be governed by the Federal Arbitration Act (as described further below).

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION IN ARBITRATION OR LITIGATION, AS WELL AS A RIGHT TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS & CONDITIONS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

Except as specifically provided herein, any dispute or claim relating in any way to your use of the Sites or Services, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. For the purposes of this Section, the terms “California Psychics,” “our,” “we,” or “us” include California Psychics, or any of their respective officers, directors, or employees. California Psychic’s subsidiaries, affiliates, and any of their officers, directors, or employees are intended to be third-party beneficiaries of this Arbitration Agreement.

This Agreement does not in any way alter your ability to bring concerns to the attention of the Company’s Customer Service, or to raise any concerns with federal, state, or local agencies.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

Mandatory Pre-Arbitration and Informal Dispute Resolution. You and California Psychics agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, you and California Psychics agree to engage cooperatively to try and resolve any Dispute informally prior to you or California Psychics initiating an arbitration proceeding.

The party initiating the Dispute must send a letter providing details of the Dispute to the other party (“Pre-Dispute Notice”), including at least the following information: (1) the initiating party’s name and contact information (address, telephone number, email address, and account number if applicable); (2) sufficient information to enable you or California Psychics to identify any transaction at issue (including any receipts or purchase details); (3) the nature and basis of the Dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel) and sent to our registered agent Capitol Corporate Services, Inc., 455 Capitol Mall Complex STE 217, Sacramento, CA 95814. Our notice to you must be personally signed by a California Psychics representative (and our attorney if we are represented by legal counsel) and will be sent to the most recent contact information you have provided us.

For a period of 60 days from the date of receipt of a completed Pre-Dispute Notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute.

If requested by us in connection with a Pre-Dispute Notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by an attorney, your attorney may also participate) in a good-faith effort to resolve informally the Dispute. If requested by you in connection with a Pre-Dispute Notice initiated by us, we agree to have a California Psychics representative personally participate in an individualized, telephone dispute resolution conference (and if California Psychics is represented by counsel, California Psychics counsel may also participate) in a good-faith effort to resolve informally the Dispute. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process.

Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution.

If the sufficiency of a Pre-Dispute Notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

Arbitration Rules. Upon completion of the mandatory pre-Dispute process, the parties may initiate formal arbitration proceedings pursuant to American Arbitration Association (“AAA”) Consumer Arbitration Rules then in effect (the “AAA Rules”), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

The payment of any filing, administrative, or arbitrator fees will be governed by the applicable AAA Rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose. You and California Psychics agree that the parties have a shared interest in reducing the fees and costs, and increasing the efficiencies, associated with arbitration. Therefore, you or California Psychics may elect to engage with the arbitration administrator regarding fees, and you and California Psychics agree that the parties (and their counsel, if the parties are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties. If the value of relief sought is less than $10,000, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, subject to the discretion of the arbitrator to conduct an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator requires otherwise.

We each expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of AAA would allow such an action. We each expressly waive our rights to file or participate in a class action or seek relief on a class or representative basis. Further, and unless we each expressly agree in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If for any reason the class, consolidated, or representative action waiver is found to be unenforceable, the class, consolidated, or representative action may only be heard in court and may not be arbitrated under this Agreement. If either party fails to comply with this arbitration provision relating to any Dispute, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CALIFORNIA PSYCHICS WAIVE THE RIGHT TO A JURY TRIAL. YOU AND CALIFORNIA PSYCHICS ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR IN LITIGATION IN COURT.

We both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any suit, cause of action, or legal proceeding arising under or relating to the Sites or your use of any Service that is not addressed through arbitration or in small claims courts as provided above, shall be (i) governed by the laws of the State of California without respect to its choice (or conflict) of laws rules, and (ii) in the exclusive jurisdiction and venue of the state courts of California, situated in Los Angeles County, California or the federal courts situated in the Central District of California.

Severance and Survival. If any portion of this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Except as otherwise provided in this Dispute Resolution section, this Arbitration Agreement will survive any termination of the Terms of Use or of your access to the Services. This Arbitration Agreement survives after your relationship with California Psychics ends.

We reserve the right to modify or discontinue the Sites or Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. When changes are made to these Terms, we will make a copy of the new Terms available to you on our website.

If you do not agree to our changes, you can stop using the Sites or Services at any time. You agree that California Psychics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or Services. You acknowledge that California Psychics reserves the right to deactivate accounts, cancel orders, and/or refuse to accept orders from users that violate the Terms of Use or for such other reason as determined by California Psychics.

These Terms of Use constitute the sole agreement between you and the Company and its affiliated entities relating to your use and our provision of the Sites and the Services and the subject matter hereof.