PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE AND/OR USE THE SERVICE.



Welcome to PsychicTone. PsychicTone provides psychic and astrological entertainment services (“Services”), including providing live psychic and astrology services, and publishing newsletters, horoscopes and other psychic and astrological content.
Your use of the Services and the PsychicTone Web Site (www.PsychicTone.com) and applications (collectively, the “Sites”), including, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the Sites and related materials, is governed by these terms and conditions of use (“Terms of Use”), and is subject to arbitration (as set forth below).
The Services and the Sites are provided by PsychicTone. doing business as PsychicTone (the “Company,” “We,” or “PsychicTone”) 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 eighteen (18) years of age or older to sign up to receive horoscopes and newsletters. All purchases of Services using credit cards, debit cards, PayPal accounts, or other payment mechanisms shall only be made by the card or account holder. At PsychicTone 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.
PsychicTone reserves the right to modify these Terms of Service at any time and will make reasonable efforts to notify users when it has done so.

Quick Guide to Contents:



General Definitions
"Advisor" refers to a person who offers advice and information ("Advisor Services") to Customers on the PsychicTone site.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"Credit" refers to the currency used on our site. Customers buy Credit in order to initiate a Transaction and get advice from our Advisors.
"Customer" refers to a person is seeking advice on a specific topic.
"Transaction" means any live conversation or call that occurs between a Customer and Advisor through the PsychicTone Service.
"User" means any user of the PsychicTone Service, and may be a Customer or an Advisor. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are an Advisor, the provisions in this Agreement regarding Advisors apply to you.

Acceptance Procedure

By visiting and using the Sites or Services, you acknowledge that you have read the Terms of Use and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. PsychicTone reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the Sites and/or Services will be deemed to be your acceptance of and agreement to any such changed terms and conditions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), you must discontinue use of the Sites and the Services and immediately cancel your Account.

Privacy Policy

We know that the privacy of your personal information is important to you. The personal information you submit to PsychicTone is governed by the Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Rules Of Service

Not for Use in Certain Jurisdictions.

The Services may not be used by residents of any jurisdiction where such use is prohibited.

Age

To sign-up to receive horoscopes and newsletters, you must be eighteen (18) years of age or older. To open an Account and access Readings, you must be eighteen (18) years of age or older.

Account

In order to access certain features of the PsychicTone Service, such as for a Customer to request advice or for an Advisor to offer Advisor Services through the PsychicTone Service, you must register to create an account ("Account") and become a Member. To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PsychicTone reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not to disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify PsychicTone of any unauthorized use of your Account.


Payment And Charges

You agree to pay for all Services, including Readings, purchased using your Account. Charges for Readings are calculated based on full-minute increments, and the length of a Reading is rounded up to the next full-minute at the end of each Reading. For all purchases of Services, you agree that you will use only credit cards, debit cards, PayPal accounts, or other payment mechanisms for which you are the card or account holder.

In order for a customer to make a Transaction or speak to an Advisor via the PsychicTone Service, you need to buy Credits. For each Transaction, a certain amount of Credit will be deducted from your account. Unused Credit will be kept in your account for future use for up to 24 months. You can purchase PsychicTone Credit using any payment method made available to you by PsychicTone which includes all major credit cards.

Auto-Recharge

The Auto-Recharge feature can be enabled when you buy PsychicTone Credit when you check the appropriate box. Your PsychicTone Credit balance will be recharged with any amount that you chose and by the payment method you chose when you first signed up for Auto-Recharge, unless you subsequently change the amount by accessing your Account. For example, the chosen recharge amount will be charged to your credit card each time your account balance goes below the threshold set in your PsychicTone account. If you do not want to enable Auto-Recharge, please uncheck the box. You can disable Auto-Recharge at any time from your Account.


Deactivation Of Your Account

Your account may be deactivated if your payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your membership subscription.


Confidentiality Of Account Information

You agree to maintain the confidentiality of your Account information, including your password (“Password”) and personal identification number (“PIN”), and to notify the Company of any unauthorized use of your Account, Password or PIN, or any other breach of security.


Accounts And PsychicTone Credits

To access any Services that require purchases, including Readings, you must purchase or receive “PsychicTone credits” which will be deposited into your Account. Any balance associated with your Account will be denominated in PsychicTone credits rather than U.S. Dollars or another currency. PsychicTone credits can only be used to purchase or access Services. PsychicTone credits have no cash value and are not redeemable for cash except to the extent required by law. PsychicTone credits are issued by the Company. However, the Company may in its discretion assign any obligations it may have with respect to PsychicTone credits to an affiliate or third party, without recourse. In the event of any such assignment, you agree that such assignee, and not the Company, shall be solely liable to you with respect to the PsychicTone credits.

PsychicTone credits never expire, but the Company reserves the right to impose service fees, maintenance fees, inactivity fees or similar fees against the outstanding balance of your PsychicTone credits by providing advance notice of such fees in these Terms of Use, or by providing advanced direct notice to you by email.
You may add PsychicTone credits to your Account by purchasing a package of PsychicTone credits (a “Package”). You may purchase a Package on the Site through our automated phone system.
To redeem your PsychicTone credits for Services, your Account must be active.
Package purchases and PsychicTone credits 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 PsychicTone credits 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 contacting our Customer Service.


Refusal Of Services

We reserve the right to refuse the provision of Services to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Sites or using our Services. Furthermore, a reader has the right to terminate the provision of Services at any time if a customer’s comments and/or behavior are deemed by the reader to be inappropriate, abusive, or threatening. Readers will report the termination to Customer Service and such a customer may be denied future access to the Sites and/or Services. Any such report made by a reader to us shall not be deemed a violation of our Privacy Policy.

Our Satisfaction Guarantee

We don't guarantee that readers’ predictions will come true, but we do our best to ensure that you enjoy the Readings. To ensure your satisfaction with your Reading experience, we offer a guarantee on your most recently paid Reading. Specifically, we will credit your Account with PsychicTone credits in accordance with the following guidelines:

To request a credit, please contact Customer Service at info@psychictone.com 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 PsychicTone credits for an amount determined at the sole discretion of PsychicTone based on the circumstances. For phone and chat Readings, any such amount will be based on the length of the Reading; provided, however, that no credit granted can exceed the PsychicTone Dollar equivalent of a 10 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 PsychicTone credits. 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 and subject to liability.

PsychicTone Only Provides A Venue

The PsychicTone Service is a communications platform for enabling Transactions between Customers and Advisors. PsychicTone does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Advisor Services provided by Advisors, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. PsychicTone cannot confirm that the Users are who they claim to be. PsychicTone does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.


User Responsibilities

PsychicTone does not select, screen, approve, endorse or limit its Advisors. We do not make any warranty of quality or fitness and under no circumstances may PsychicTone be held liable for the actions or omissions of any Advisor performing Advisor Services for you. Information on the Website, including but not limited to information posted publicly on the Site, and other User Content does not reflect any endorsement or approval by PsychicTone. PsychicTone does not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Content or the qualifications of those posting User Content. PsychicTone SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.


Advisors

You acknowledge that Advisors are not the employees or agents of PsychicTone. All Advisors who offer their services to perform consulting services for other users operate independently from PsychicTone. PsychicTone reserves the right to remove any Advisor account from the PsychicTone website.

Advisor Policy:

Beyond the terms and conditions of the Terms of Service, Advisors agree to comply with the below requirements in providing Advisor Services. Without limiting any other remedies PsychicTone may have, PsychicTone may immediately terminate your membership and use of the service without notice if we believe that you have violated any of the following requirements.

Advisors must:

PsychicTone also specifically reserves the right to remove an Advisor account from our Service for any of the following reasons:


General Restrictions And Prohibitons

All Users agree not to do any of the following:

PsychicTone will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that PsychicTone has no obligation to monitor your access to or use of the PsychicTone Service, or to review or edit any Content Members post, but has the right to do so for the purpose of operating the PsychicTone Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. PsychicTone reserves the right, at any time and without prior notice, to remove or disable access to any Content, that PsychicTone, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the PsychicTone Service.


Copyright and IP Policy And Reporting Infringement

PsychicTone respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:

  1. Identification of the copyrighted or trademarked work that you claim has been infringed;
  2. Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
  3. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
  4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
  5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
You can send us your copyright or trademark notices by email to: Privacy@psychictone.com


Links To Third-Party Websites

The PsychicTone Service may contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by PsychicTone. You acknowledge and agree that PsychicTone has no control over and is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PsychicTone of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources. You expressly relieve PsychicTone from any and all liability arising from your use of any third-party website or services or third party content.


No Waiver
The failure of PsychicTone to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PsychicTone. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.

Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency
You and PsychicTone are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Termination
If you breach any of these Terms of Service, PsychicTone will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. PsychicTone reserves the right to revoke your access to and use of the PsychicTone Service at any time, with or without cause. In the event PsychicTone terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder.

Disclaimers

THE PSYCHICTONE SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PSYCHICTONE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PSYCHICTONE MAKES NO WARRANTY THAT THE PSYCHICTONE SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PSYCHICTONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, PSYCHICTONE SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE PSYCHICTONE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PSYCHICTONE SERVICE.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PSYCHICTONE OR THROUGH THE PSYCHICTONE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PSYCHICTONE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PSYCHICTONE SERVICE. YOU UNDERSTAND THAT PSYCHICTONE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE PSYCHICTONE SERVICE, NOR DOES PsychicTone MAKE ANY ATTEMPT TO VERIFY THE ACCURACY OF CONTENT POSTED BY THE USERS OF THE PsychicTone SERVICE. PSYCHICTONE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PSYCHICTONE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PSYCHICTONE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PSYCHICTONE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PSYCHICTONE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity
You agree to defend, indemnify, and hold PsychicTone and its successors and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the PsychicTone Service, or your violation of these Terms of Service.

Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PsychicTone SERVICE REMAINS WITH YOU. NEITHER PsychicTone NOR ANY OTHER person or entity involved in creating, producing, or delivering the PsychicTone Service will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, PsychicTone SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PsychicTone SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE TERMS OF PsychicTone SERVICE or from the use OF or inability to use the PsychicTone Service, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the PsychicTone SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PsychicTone SERVICE, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not PsychicTone has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of PsychicTone used herein are trademarks of PsychicTone. PsychicTone and the PsychicTone Logo are registered trademarks with the United States Patent and Trademark Office (USPTO) and are property of PsychicTone. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Assignment
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without PsychicTone's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. PsychicTone may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Entire Agreement
These Terms of Service constitute the entire and exclusive understanding and agreement between PsychicTone and you regarding the PsychicTone Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between PsychicTone and you regarding the PsychicTone Service.

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