NATURAL BORN PSYCHICS
Effective Date: ____July 14, 2016_____________
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
NATURAL BORN PSYCHICS MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT TSG MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
a. Directory of Psychics refers to the listing of all Psychics available for consult through links to their own individual websites.
b. Instant Reader is a Psychic who is listed as providing Instant Readings on the Website.
c. Instant Reading refers to Users contacting Psychics listed as Instant Readers via the pay-per-call services offered through the Website and Click4Advisor.
d. Psychic refers to any individual who submits a listing to the Website to be included in the Directory of Psychics and/or as an Instant Reader. Psychics include mediums, relationship empaths, clairvoyants, dream interpreters, spiritual coaches, alternative healers, and energy workers, etc.
e. User refers to any individual who accesses and uses the Website, but is not a Psychic.
f. User Generated Content refers to any and all content, including text, pictures, sounds, graphics, video, files, and other data uploaded to the Website by either Psychics or Users.
g. You / Your refers to both Psychics and Users.
2. About the Website
Natural Born Psychics is a psychic directory and pay-per-call platform that allows Users to find a Psychic for individual consultation or get Instant Readings. Users are able to select a Psychic from the Directory of Psychics to book a consultation with them through their individual websites or initiate an Instant Reading call with Psychics who are listed as Instant Readers. Through pay-per-call services provided by Click4Advisor, Users are able to instantly speak with a Psychic at an assigned dollar amount per hour. Users can also post questions to the message board, allowing Psychics to respond directly to Users via private message with a link to the Psychic’s profile. Overall, Natural Born Psychics aims to be both a Psychic and User friendly Website.
Please note that Natural Born Psychics is a Psychic directory and the listing of a Psychic on the Website does not equal an endorsement of any particular Psychic. Natural Born Psychics disclaims any representation or warranty as it relates to Psychic readings, advice, and communications. Natural Born Psychics will not be held liable or responsible for any readings, advice, or communication from a Psychic listed in the Directory of Psychics.
3. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Natural Born Psychics and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. The website is operated in Canada and the United States and Natural Born Psychics makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
4. Ownership of Website and License
You acknowledge and agree that Natural Born Psychics is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Natural Born Psychics.
Natural Born Psychics hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Natural Born Psychics, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Natural Born Psychics.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Natural Born Psychics marks are the property of Natural Born Psychics, including, but not limited to NATURAL BORN PSYCHICS and all Natural Born Psychics logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Natural Born Psychics. You are prohibited from using Natural Born Psychics’ trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Natural Born Psychics.
6. Account Registration; Payment; Termination
For Psychics, submitting a listing to the Directory of Psychics and using the Website is free. If Psychics choose to feature their listing, they can choose from different payment packages ranging from three months to a year in length. When submitting a listing, Psychics can either choose to only be listed in the Directory of Psychics or can additionally be listed as an Instant Reader. For Psychics who wish to be an Instant Reader, they must sign up for pay-per-call services through Click4Advisor. By using Click4Advisor’s pay-per-click services as a Psychic, you are subject to its separate Service Agreement found here: https://prodca.click4talk.com/c4a/admin/public_advisor_terms.php.
For Users, account registration and use of the Website is free. If Users choose to contact a Psychic from the Directory of Psychics, Users pay the Psychics individually. If Users choose to contact a Psychic for an Instant Reading through the pay-per-call services, Users must register an account with Click4Advisor and provide payment per minute through Click4Advisor. By using Click4Advisor’s pay-per-call services as a User, you are subject to its separate Service Agreement found here: https://prodca.click4talk.com/c4a/admin/public_user_terms.php.
You have a duty to ensure that the information that you provide through your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Account if and when that information changes. You are expressly prohibited from creating an Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Account to interfere with or disrupt a third party’s enjoyment and use of the Website.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact Natural Born Psychics immediately. You agree to hold harmless and indemnify Natural Born Psychics for any damages that arise out of or in relationship to the use of your Account.
Payment for Psychics’ featured listings purchased on the Website are processed through the third-party payment processor PayPal. When purchasing items in the Website’s store, you will be redirected to a third-party site for order and payment. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Natural Born Psychics will not be held liable for any user’s failure to complete a transaction entered into through the Website.
You may terminate your Account with the Website at any time by contacting firstname.lastname@example.org. Natural Born Psychics reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
7. User Generated Content
Natural Born Psychics may provide Psychics and Users with the ability to submit User Generated Content to the Website, which may include but is not limited to message board posts, blog posts, articles, and photos. Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including message board posts and articles, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Natural Born Psychics does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Natural Born Psychics a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Website. Natural Born Psychics acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Natural Born Psychics does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Natural Born Psychics reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Natural Born Psychics also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
8. Section 230 of Communications Decency Act
You acknowledge and agree that Natural Born Psychics is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Natural Born Psychics may edit, remove, or control the content displayed through the Website, you agree that Natural Born Psychics will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
9. Third Party Links
Natural Born Psychics utilizes a third-party website, Click4Advisor, to provide pay-per-call services for Instant Readings. Natural Born Psychics’ shop also redirects users to various third-party websites to process purchases. You understand that the Website contains links to third-party websites, applications, or services that Natural Born Psychics does not own or control. You agree that Natural Born Psychics will not be held responsible or liable for the content of third party websites, applications, or services and that Natural Born Psychics’ inclusion of those websites, applications, or services within its Website does not constitute Natural Born Psychics’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
10. No Endorsement
Natural Born Psychics utilizes Click4Advisor for pay-per-call services, who may occasionally provide advertising and promotional materials to Natural Born Psychics for use on the Website. Natural Born Psychics’ shop also redirects users to various third-party websites to process purchases. Natural Born Psychics does not endorse or recommend any commercial product, process, or service. Natural Born Psychics also does not endorse or recommend any Psychic listed in the Directory of Psychics and does not endorse any Psychic’s readings or advice. The views and opinions of Psychics, Users, and others expressed on this Website do not necessarily state or reflect those of Natural Born Psychics and are not intended to be used for advertising or product endorsement purposes.
11. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Natural Born Psychics’ technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Natural Born Psychics by sending an email to email@example.com.
12. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Natural Born Psychics may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
13. Disclaimer of Warranties
NATURAL BORN PSYCHICS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE. NATURAL BORN PSYCHICS PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
NATURAL BORN PSYCHICS WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. NATURAL BORN PSYCHICS DOES NOT GUARANTEE THE ACCURACY OF PSYCHIC READINGS OR ADVICE AND WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY COMMUNICATION OR INFORMATION CONTAINED WITHIN THOSE READINGS OR ADVICE.
NATURAL BORN PSYCHICS IS A SERVICES PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. NATURAL BORN PSYCHICS RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. NATURAL BORN PSYCHICS WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
14. Limitation of Liability
NATURAL BORN PSYCHICS WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT NATURAL BORN PSYCHICS CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO NATURAL BORN PSYCHICS, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. NATURAL BORN PSYCHICS IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Natural Born Psychics, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Natural Born Psychics under the terms of this Agreement will not provide you with the right to control Natural Born Psychics’ defense, and Natural Born Psychics reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Natural Born Psychics.
16. No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Natural Born Psychics may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
17. Resolution of Dispute and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Florida without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Natural Born Psychics or the Website, in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Sarasota County, Florida. You agree that any claim or dispute that you may have against Natural Born Psychics or the Website will be exclusively resolved through arbitration.
YOU AND NATURAL BORN PSYCHICS AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM NATURAL BORN PSYCHICS, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN SARASOTA, FLORIDA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF FLORIDA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND NATURAL BORN PSYCHICS AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF FLORIDA. YOU AND NATURAL BORN PSYCHICS AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
20. No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
21. Child Online Privacy Protection Act
22. Limitation on Actions
NATURAL BORN PSYCHICS AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NATURAL BORN PSYCHICS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
23. Reservation of Rights
All rights not expressly granted herein are reserved to Natural Born Psychics.
Any notice required by this Agreement must be in writing to:
Natural Born Psychics
4283 Express Lane
Sarasota, FL 34249
With a copy e-mailed to: firstname.lastname@example.org.
This Agreement is enforced by the Internet Lawyers of Traverse Legal, PLC.