Last Updated: May 5th, 2016
Welcome to California Psychics. California Psychics provides psychic and astrological entertainment services ("Services"), including providing live psychic and astrology services, and publishing newsletters, blogs, horoscopes and other psychic and astrological content.
Your use of the Services and the California Psychics Web Site
The Services and the Sites are provided by Outlook Amusements, Inc. doing business as California Psychics (the "Company," "We," or "California Psychics") for entertainment purposes only. You must be eighteen (18) years of age or older to open an account ("Account") and get psychic readings and related services ("Readings"). You must be sixteen (16) years of age or older to sign up to receive horoscopes and newsletters. All credit and debit card purchases must be made by the card holder. At California Psychics we want you to enjoy and benefit from your Readings. 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, legal or financial professionals or other professional counselors. It is your responsibility to evaluate any information, opinion, advice or other content provided through the Sites or in conjunction with the Services.
We know that the privacy of your personal information is important to you. The personal information you submit to California Psychics is governed by the
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.
To sign-up to receive horoscopes and newsletters, you must be sixteen (16) years of age or older. To open an Account and access Readings, you must be eighteen (18) years of age or older.
To access Readings, you must create an Account. You certify that the information given to California Psychics upon opening your Account is true and complete. California Psychics will not be responsible for any false statements you make in the Account-opening process.
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.
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 California Psychics Dollars
To access any Services that require purchases, including Readings, you must purchase or receive "California Psychics Dollars" which will be deposited into your Account. Any balance associated with your Account will be denominated in California Psychics Dollars rather than U.S. Dollars or another currency. California Psychics Dollars can only be used to purchase or access Services.
California Psychics Dollars have no cash value and are not redeemable for cash except to the extent required by law. California Psychics Dollars are issued by the Company. However, the Company may in its discretion assign any obligations it may have with respect to California Psychics Dollars 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 California Psychics Dollars.
You may add California Psychics Dollars to your Account by purchasing a package of California Psychics Dollars (a "Package"). You may purchase a Package on the Sites, by calling our Customer Service, or through our automated phone system.
You may also receive promotional California Psychics Dollars through the Karma Rewards program or through other offers, customer accommodations, or for other reasons, as discussed further below.
To redeem your California Psychics Dollars for Services, your Account must be active.
Package purchases and California Psychics Dollars balances are not refundable (except in the limited instances explained below regarding Our Satisfaction Guarantee), and they may only be redeemed for Services.
Accounts only remain active and valid for a period of one year from the date of your last purchase of a Package or your most recent Reading. However, as noted above, your California Psychics Dollars do not expire and may be redeemed by you after your Account has become inactive, provided that you successfully reactivate your Account. You may reactivate your Account by calling our Customer Service.
Refusal of Services
Our Satisfaction Guarantee
We don't guarantee that readersâ 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 California Psychics Dollars in accordance with the following guidelines:
To request a credit, please call Customer Service at 1-800-279-1881
within 24 hours of the Reading in question. If you do not request a credit within 24 hours of the Reading, we reserve the right to refuse to issue a credit.
If you make a request within 24 hours, we will credit your Account in California Psychics Dollars for an amount determined at the sole discretion of California Psychics based on your Reading length and circumstances; provided, however, that no credit granted can exceed the California Psychics Dollar equivalent of a 15 minute Reading. Credit requests are limited to one unsatisfactory paid Reading per month.
This satisfaction guarantee is valid once per reader and does not apply to Readings with readers for whom you have received any credit in the past from this guarantee.
All Account credits under this guarantee are issued in California Psychic Dollars. No cash refunds will be provided for any reason.
For us to issue a credit to your Account, you must have an Account that is active and in good standing.
Only genuine issues relating to your satisfaction with the Reading in question (as determined at our sole discretion) will be considered for a credit request. We reserve the right to refuse to issue a credit.
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.
Karma Rewards Program and Bonus Points
California Psychics offers the Karma Rewards program for customers in conjunction with the Services. Details regarding the Karma Rewards program, including how to enroll, are available here:
Karma Rewards members are eligible to earn bonus points. Bonus points are earned through purchases of Packages (unless otherwise specifically provided) and are available for redemption 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 unredeemed bonus points will be eliminated. Bonus points are not transferable and are not redeemable for cash.
Bonus Points may be redeemed for promotional California Psychics Dollars, which will be applied to your Account in a similar manner to California Psychics Dollars that you purchase in a Package. For more details regarding the number of promotional California Psychics Dollars you are eligible to receive upon the redemption of bonus points, please consult our Karma Rewards FAQs, available here:
Any non-promotional California Psychics Dollars in your Account (i.e., those purchased as part of a Package) will be applied to your purchase of Services before any promotional California Psychics Dollars are applied.
DISCLAIMER â NO PROFESSIONAL ADVICE
Information provided through our Services, on the Sites, and in other California Psychics materials, including, but not limited to, information provided in newsletters, horoscopes, and Readings, is for entertainment purposes only.
Information from the Company or its affiliates or their employees or contractors, including, but not limited to, the readers, is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice because of something you have read on the Sites or information received through our Services. The Company is not engaged in the practice of medicine or law 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 Sites or in California Psychics materials or through our Services. The Company is not engaged in the business of providing financial or investment advice and its employees and contractors are not registered financial advisors. Your reliance on the information provided by the Company, by a California Psychics employee or contractor, by a third party moderator, by California Psychics sponsors, or by other users of the Sites 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 the Company, its employees, its contractors, or its sponsors, or otherwise available on the Sites, will be your sole and exclusive responsibility.
DISCLAIMER â NO MONITORING OF USAGE
Neither the Company 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. The Company 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 Sites or Services.
LIMITATION OF LIABILITY
The disclaimers and limitation of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The Sites and the information provided therein and the Services would not be provided without such disclaimers and limitations.
Any articles, press clippings or other third-party publications (collectively, "Publications") made available through the Sites are furnished by the Company for your convenience and entertainment. The Company 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 Sites, are those of the respective author(s) or publisher(s) and not of the Company or its affiliates.
The Company 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 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:
not to use the Sites or the Services for illegal purposes;
not to interfere with or disrupt networks connected to the Sites;
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 Sites or the Services to send electronic mail;
not to use the Sites 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 Sites 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 userâs access to or use of the Sites or the Services;
not to record Readings or use any audio recording or retention devices/technology in connection with Readings without the express written consent of the Company; and
not to speak or act in a manner that is deemed by a reader to be inappropriate, abusive, or threatening.
LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
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, âThird-Party Applicationsâ). 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 Companyâs 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 partyâs 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.
INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF SITES
MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)
You acknowledge that you are responsible for any information or material you provide to Company or post, upload, input, submit, or transmit to the Sites ("Submissions"), 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 collects 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 userâs 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.
Please note that the Company does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential.
These 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. By posting or submitting content on or to the Sites (including the Companyâs 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.
We reserve the right to edit, remove or not publish Submissions without prior notice.
NOTICE AND TAKEDOWN PROCEDURES
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. Â§ 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; (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:
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 (âDisputeâ), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
This agreement does not in any way alter your ability to bring concerns to the attention of the Companyâs Customer Service, or to raise any concerns with federal, state, or local agencies. The Federal Arbitration Act, federal arbitration law, and the laws of your home state of residence, without regard to conflict of laws principles, apply to this agreement and any dispute or claim between you and California Psychics.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2710 Gateway Oaks Dr, Suite 150, Sacramento, CA 95833. The arbitration will be conducted by the American Arbitration Association (AAA) pursuant to the Consumer Arbitration Rules then in effect (the âAAA Rulesâ), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at
or by calling 1-800-778-7879. 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.
You and Company are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Company, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees (âAdministrative Feesâ), under the following circumstances: (1) for any disputes totaling up to $2,500, Company will pay all Administrative Fees; and (2) for any dispute totaling over $2,500 and up to $10,000, the parties will adhere to the AAAâs Costs of Arbitration section of the Consumer Arbitration Rules, however, Company will pay all Administrative Fees upon you providing Company with a signed written notice indicating the basis for your inability to pay your portion of the Administrative Fees. If the claim is determined by the arbitrator to be frivolous, however, Company will not pay any portion of your Administrative Fees. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
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 partyâs claims with any other partyâs claims, and may not otherwise preside over any form of a representative or collective proceeding. If either party fails to comply with this arbitration provision relating to any Dispute, said breaching party shall be liable for the costs and attorneysâ fees incurred by the other party in enforcing compliance with the arbitration agreement.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also 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.