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FOR ENTERTAINMENT ONLY
THIS SERVICE IS PROVIDED BY OUTLOOK AMUSEMENTS, INC. FOR ENTERTAINMENT
PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE PREMIUM
AREAS OF THIS SERVICE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD
HOLDER. AT CALIFORNIA PSYCHICS WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR
READING. OUR PSYCHICS MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL ADVICE.
HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS
BY MEDICAL OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT
IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER
CONTENT AVAILABLE THROUGH CALIFORNIA PSYCHICS.
The use of the California Psychics website and services is governed by these
Terms of Use. By using California Psychics, you acknowledge that you have read
the Terms of Use and the disclaimers contained therein and that you accept
and agree to be bound by the terms thereof.
ACCEPTANCE PROCEDURE
By accessing materials on the California Psychics Web Site (the “Web
Site”) you agree with these Terms of Use. The Web Site includes, without
limitation, all content, information, text, questions, comments, ideas, graphics,
images, tools, and software programs contained in the web site and related
materials.
California Psychics reserves the right, at its sole discretion, to change these
Terms of Use from time to time, and your access to the Web Site will be deemed
to be your acceptance of and agreement to any such changed terms and conditions.
PRIVACY POLICY
California Psychics knows that the privacy of your personal information is
important to you. Therefore, we have established a Privacy
Policy which is part of this Agreement.
OUR SERVICES
The Web Site provides astrological content, reports, information, and access
to telephone and e-mail consultations (“Content”). Although the
Content may be viewed via a standard Internet connection and the Web Site and
certain e-mail/offerings are free and open to the public, certain premium services
may require registration and/or payment (the “Services”). Premium
Services are available to individuals over the age of 18. In addition, California
Psychics does not permit use of the Services by residents of any jurisdiction
that may prohibit our Services. You certify that the information given to California
Psychics on registration is true and complete. California Psychics will not
be responsible for any false statements made in registration.
RULES OF SERVICE
Introductory offers are only valid for new customers on their
first purchase. There is a limit of one introductory offer per person, credit
card, phone number, address and email. Any violators of this rule will be refused
service.
Note that accounts only remain active and valid for a period of one year from
the date of the last purchase transaction or psychic reading.
We reserve the right to refuse service to any person for any reason. We also
reserve the right to pursue legal action against any person who commits fraud
on our Web Site. Furthermore, a psychic reader has the right to terminate a
call at anytime if a customer’s comments and/or behavior is 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. Any such report made by a reader to us shall not be deemed a
violation of our Privacy Policy.
Your First Reading
If you feel you have not made a bond with your reader within the first three
to four minutes, hang up and call us at 1.800.573.4784. We
will give you those minutes back – or their equivalent value – at
no charge and refer you to another reader. This option is only available
to you one time and on your first reading. For first time readers,
this offer is also limited to one person – adding or “conferencing” additional
participants is prohibited. Once you have made a bond with a particular psychic,
you are free to speak with other psychics, but we will not refund your minutes
if you don't make a connection.
Our Guarantee
We offer a full, money back guarantee on your first or most
recent reading. However, once we have refunded your purchase, we reserve the
right to block you from using our service in the future. If you're ever
not satisfied with your California Psychics experience, call
our Customer Care Team at 1.800.573.4784 or send us an email
to help@californiapsychics.com.
Remember: We don't guarantee that our psychics' predictions will come true,
but we do our best to ensure that you enjoy the reading.
Discounts & Bonus Points
Unless otherwise noted, all coupons, discounts and special offers are valid
for a limited period of time, can be used only once and may not be combined.
Only Karma Rewards members are eligible for bonus points. Points are only earned
through purchases (unless otherwise specifically stated) and are valid
only as long as you remain a Karma Rewards member and have a valid and active
account. If your account is terminated, invalid, and/or inactive, your
Karma Rewards (or legacy VIP) points will be eliminated.
We reserve the right to change these Rules of Service, discounts on other bonus
point promotions at anytime without notice.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CALIFORNIA PSYCHICS, OUTLOOK
AMUSEMENTS, INC., NOR ANY OF ITS OR THEIR AFFILIATES (INCLUDING PARENT OR SUBSIDIARY
COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR
CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY
THIRD PARTY'S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON
ANY INFORMATION. IN PARTICULAR, CALIFORNIA PSYCHICS AND ITS AFFILIATED ENTITIES
WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR
INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT
LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN
AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE
OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION, WHETHER
BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY
IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT
APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE
TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE
TERMS.
HEALTH AND FINANCIAL INFORMATION DISCLAIMER
INFORMATION PROVIDED ON THE WEB SITE AND IN CALIFORNIA PSYCHICS MATERIALS,
INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN HOROSCOPES, TELEPHONE
AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS
POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.
INFORMATION FROM CALIFORNIA PSYCHICS IS NOT INTENDED TO BE A SUBSTITUTE FOR
(A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL
FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE. NEVER DISREGARD OR DELAY SEEKING
PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE
OR INFORMATION RECEIVED THROUGH OUR SERVICES. CALIFORNIA PSYCHICS IS NOT ENGAGED
IN THE PRACTICE OF MEDICINE AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC
PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION
THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE CALIFORNIA PSYCHICS WEB
SITE OR IN CALIFORNIA PSYCHICS MATERIALS OR SERVICES. CALIFORNIA PSYCHICS IS
NOT ENGAGED IN THE BUSINSS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND
ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON
THE INFORMATION PROVIDED BY CALIFORNIA PSYCHICS, BY A CALIFORNIA PSYCHICS EMPLOYEE
OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY CALIFORNIA PSYCHICS SPONSORS
OR BY OTHER USERS OF THE CALIFORNIA PSYCHICS WEB SITE OR SERVICES IS SOLELY
AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE
BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY CALIFORNIA PSYCHICS
OR ITS SPONSORS OR OTHERWISE ON THE WEB SITE WILL BE YOUR SOLE AND EXCLUSIVE
RESPONSIBILITY.
GENERAL DISCLAIMER
THE INFORMATION PROVIDED ON, FROM OR THROUGH CALIFORNIA PSYCHICS, ITS SERVICES
AND THE WEB SITE IS PROVIDED "AS-IS" AND "AS AVAILABLE," AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE WEB SITE AND RELATED
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
CALIFORNIA PSYCHICS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF THE WEB SITE AND SERVICES AND ANY SUCH INFORMATION OR SERVICE.
IN PARTICULAR, AND WITHOUT LIMITATION, CALIFORNIA PSYCHICS AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE
IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CALIFORNIA PSYCHICS
AND YOU. THE WEB SITE AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM CALIFORNIA PSYCHICS THROUGH THE WEB SITE
OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THESE TERMS OF USE. CALIFORNIA PSYCHICS MAKES NO WARRANTY OR REPRESENTATION
THAT AVAILABILITY OR USE OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. NEITHER OUTLOOK AMUSEMENTS, INC., NOR ANY OF ITS AFFILIATES
HAS ANY RESPONSIBILITY OR OBLIGATION TO NOTIFY YOU OF YOUR ACCUMULATED CHARGES
OR OTHER EXPENSES WITH US. THE AMOUNT OF TIME YOU SPEND WITH THE READERS
WILL BE REFLECTED IN YOUR CHARGES AND IS SOLELY AT YOUR OWN ELECTION OR CHOICE. OUTLOOK
AMUSEMENTS, INC, DOES NOT MONITOR USAGE PATTERNS AND IS UNDER NO OBLIGATION
TO ANY CUSTOMER TO TAKE ANY ACTION OR TO REFRAIN FROM TAKING ANY ACTION WITH
RESPECT TO USAGE OF THE WEB SITE OR SERVICES.
THIRD-PARTY INFORMATION
Any articles, press clippings or other third-party publications (collectively, "Publications")
made available through the Web Site are furnished by California Psychics for
your convenience and entertainment. California Psychics is a distributor (and
not a publisher) of content supplied by third parties (including users). Any
opinions, advice, statements, services, offers or other information made available
by third parties, including psychics, information providers or any user of
the Web Site, are those of the respective author(s) or publisher(s) and not
of California Psychics or its affiliates. CALIFORNIA PSYCHICS DISCLAIMS ANY
REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS
IS ACCURATE OR COMPLETE.
RESTRICTIONS; COMPLIANCE WITH LAWS
Your right to use the Web Site and the Services is personal to you. You are
solely responsible for the contents of your transmissions through the Web Site
and your use of the Services is subject to all applicable local, state, national
and international laws and regulations. By using the Web Site or the Services,
you agree:
- not to use the Web Site or the Services for illegal purposes;
- not to interfere with or disrupt networks connected to the Web Site;
- to comply with all applicable regulations, laws, statutes, etc., regarding
your use of the Services, including, but not limited to, laws and regulations
relating to the use of the Web Site or the Services to send electronic mail;
- not to use the Web Site or the Services to send chain mail, junk mail,
spamming or any use of distribution lists to any person who has not given
specific permission for such use;
- not to use the Web Site or the Services for the transmission of any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material
or communication of any kind or any nature;
- not to interfere with any other user’s access to or use of the Web
Site or the Services.
- not to record or use any audio recording or retention devices/technology
without the express written consent of Outlook Amusements, Inc.
- not to speak or act in a manner that is deemed by a psychic reader(s) to
be inappropriate, abusive, or threatening.
California Psychics reserves the right, in its sole discretion, to immediately
terminate your access to and use of the Web Site or the Services without right
to refund, for any violation of these Terms of Use.
Important Note: It is a violation of our Terms of Use for you
to be in direct contact with any of our psychics outside the online service
or to ask any of our psychics for their direct contact information - if you
do so in violation of these terms, Outlook Amusements, Inc. bears no liability
for any resulting actions, and your ability to use our services may be revoked.
Any such activities in violation of our Terms of Use, may be reported to
Outlook Amusements, Inc. by our psychics and any such reports shall not be
deemed a violation of our Privacy Policy.
LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
Certain links on the Web Site will let you leave the Web Site. These linked
sites, for example those of our sponsors, are not under the control of California
Psychics, and California Psychics is not responsible for the contents of any
linked site or any link contained in a linked site. These links are provided
for your convenience, and the inclusion of any link does not imply a recommendation
or endorsement by California Psychics of any such linked site or the products
therein.
INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF WEB SITE
The contents of the Web Site, including, without limitation, all designs, text,
graphics, other files, and the selection and arrangement thereof, are copyrighted
and proprietary property. California Psychics hereby authorizes you to copy
(electronically or in hard copy) materials published on the Web Site or in
print for non-commercial personal use only, provided that any copy of these
documents which you make shall retain all copyright and other proprietary notices
and any disclaimer contained on the documents. Except as expressly provided
above, you may not otherwise copy, display, download, distribute, modify, reproduce,
republish or retransmit any information, text or documents contained in the
Web Site or any portion thereof in any electronic medium or in hard copy, or
create any derivative work based on such images, text or documents, without
the express written consent of California Psychics.
No information or statement contained in these Terms of Use or the Web Site
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 California Psychics, its affiliates, or any
third party.
California Psychics may, at our discretion, limit or restrict the access and
use of the Web Site of any users who infringe the intellectual property rights
in the manner described above.
MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)
You acknowledge that you are responsible for any submission you make (“Submissions”),
including the legality, reliability, appropriateness, originality and copyright
of any such material. You may not upload to, distribute, or otherwise publish
through the Web Site any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, 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. If
you send Submissions consisting of “testimonial” e-mails, you acknowledge
that you grant Outlook Amusements, Inc. the right to publicly display all or
a part of such Submission on the Web Site at any time.
Submissions shall be deemed to be non-confidential and non-proprietary. California
Psychics 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 California Psychics and the Web Site, you automatically grant to Outlook
Amusements, Inc. 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 California Psychics
to access, view, store or reproduce the Submissions for that user’s personal
use. Please note that California Psychics does not want to receive
Submissions containing confidential information from you and any Submissions
received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall
not include personally identifiable information, which shall be treated by
California Psychics in accordance with our Privacy Statement.
This Web Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Outlook Amusements, Inc., 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 this Web Site are also copyrighted works, and Outlook Amusements, Inc., 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 this Web Site. By posting or submitting content on or to the Web Site (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Outlook Amusements, Inc, and its affiliates, agents and third party contractors the right to display or publish such content on the Web Site 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 Web Site 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 Web Site, 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 Outlook Amusements, Inc., 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 Outlook Amusements, Inc., 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 and Conditions; 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 Outlook Amusements, Inc. and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Outlook Amusements, Inc. all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Outlook Amusements, Inc., this Web Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
We reserve the right to edit, remove or not publish Submissions without prior notice.
If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. ยง 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 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; (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.
Our Copyright Agent, Cynthia J. Larose, Esq., can be reached as follows: By mail: c/o Mintz Levin, 1 Financial Center, Boston, MA 02111; or by email at: cjlarose@mintz.com
INDEMNIFICATION
You agree to indemnify, defend and hold harmless California Psychics, Outlook
Amusements, Inc. its and their affiliates and suppliers from any liability,
loss, claim and expense (including attorneys' reasonable fees) related to (i)
your violation of these Terms, and (ii) your use of this Web Site or the Services.
MISCELLANEOUS
These Terms constitute the sole agreement between you and California Psychics
and its affiliated entities relating to your use and our provision of the Web
Site and the Services and the subject matter hereof. The laws of the State
of California govern these Terms in all respects, without giving effect to
conflicts of laws principles. Any dispute or controversy between you and California
Psychics and its affiliated entities, or arising under or concerning performance
or breach of these Terms, shall be brought exclusively in the state and federal
courts having jurisdiction over Los Angeles County, California and you irrevocably
consent to the exclusive personal jurisdiction and venue of those courts for
such purpose. Any cause of action brought by you against California Psychics
or its affiliated entities must be instituted within one (1) year after the
cause of action arises or be deemed forever waived and barred.
This Terms of Use statement was last updated on January 31, 2008
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