PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These Terms and Conditions of Use (“Agreement”) apply to all users who access and/or use the platform to provide or offer services (“Psychic”) or users who access and/or use the platform to receive products on the website owned and operated by PSYCHICWORLD.expert Inc. ("PSYCHICWORLD") and found at www.PSYCHICWORLD.expert ("Site" or "Platform").
BY USING THIS SERVICE YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets forth and contains the terms and conditions between you, the Psychic and/or a Client, and PSYCHICWORLD. By using any portion of this Site you agree to be bound by this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CONTINUE TO USE ANY PORTION OF THIS SITE. In such case you will not be able to register as an Psychic and/or a Client or otherwise use the Platform.
PSYCHICWORLD may modify this Agreement or any part hereof at any time as may be required for the provisions of services on the Site and for other legitimate business purposes. PSYCHICWORLD will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, you are encouraged to check the terms of this Agreement frequently. By using any portion of the Platform after any modifications to this Agreement have been made, you, the Client and/or Psychic agree to be bound by such modified Agreement.
PSYCHICWORLD grants Psychic and/or Client a limited, nonexclusive, revocable right to use the Site provided that Psychic and/or Client does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Site.
PSYCHICWORLD may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of PSYCHICWORLD, by email to the email address that we have on record, by regular mail or by posting on the Site. The date of receipt shall be deemed the date on which such notice is given. Notices sent to PSYCHICWORLD must be delivered via express delivery or regular mail to: PSYCHICWORLD, Inc. / Attn: Legal Department.
The Site contains copyrighted material, trade secrets and proprietary information owned by PSYCHICWORLD and/or its licensors. This Agreement does not grant to the Psychic and/or Client any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Site or any material or information appearing on the Site or any services offered by PSYCHICWORLD. The Psychic and/or Client may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of PSYCHICWORLD or its licensors. Furthermore, the Psychic and/or Client may not sub-license, assign, transfer, sell or make any other commercial use of this Site.
The Psychic and/or Client may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of PSYCHICWORLD or its licensors, or take any other action that infringes upon or impairs PSYCHICWORLD's trademark or other intellectual property rights.
PSYCHICWORLD or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Site and in any software, application, graphics, text and other materials used therein, including the organisation and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, PSYCHICWORLD or its suppliers shall retain all ownership rights in and to all content displayed on the Site, including copies of data transferred or received by Psychic and/or Client through the Site. This section shall survive expiration or termination of this Agreement.
Psychic and/or a Client agrees to forever indemnify, defend and hold harmless PSYCHICWORLD, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against PSYCHICWORLD or any employees, representatives, agents and affiliates or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (i) any breach of any representation, warranty, covenant or agreement to be performed by Psychic and/or a Client according to this Agreement; (ii) Psychic's provision of services to any third party; (iii) Client’s refusal to pay for services provided by Psychic; or (iv) any materials that Psychic and/or a Client has posted to PSYCHICWORLD.expert. This section shall survive expiration or termination of this Agreement.
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of PSYCHICWORLD. Any purported assignment without the prior written approval of PSYCHICWORLD will be null and void and of no force or effect.
PSYCHICWORLD reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Site, with or without notice. Psychic and/or Client agrees that PSYCHICWORLD shall not be liable to Psychic and/or Client or to any third party for any modification or discontinuance of any service offered by PSYCHICWORLD, or for any losses or damages that may result to Client or any third party from such discontinuation or interruption of service.
PSYCHICWORLD, in its sole discretion and for any reason, or no reason at all, may terminate Psychic’s and/or Client’s account and participation in the services and refuse any and all current or future use by Psychic and/or Client of the Site. The specific features and functionality of the Site are to be determined solely by PSYCHICWORLD and are subject to change or termination without notice.
PSYCHICWORLD is designed to help Clients find Psychics in particular areas of interest and ask questions directly from such Psychic. PSYCHICWORLD enables a Client to negotiate and communicate directly with the Psychic and pay for the services purchased by the Client from such Psychic ("Transaction"). Each Client is solely responsible for every Transaction occurring under his or her account. Client acknowledges and agrees that Psychics are neither employees nor agents nor representatives of PSYCHICWORLD and that PSYCHICWORLD assumes no responsibility for any act or omission of any such Psychic.
PSYCHICWORLD makes no representation or warranty whatsoever as to (i) the accuracy or availability of the Site, (ii) the willingness or ability of any Psychic to give advice, (iii) whether the Client shall find an Psychic's advice relevant, useful, accurate or satisfactory, (iv) whether the advice of the Psychic will be responsive or relevant to the Client's question, or (v) whether the Psychic's advice will otherwise be suitable to the Client's needs. PSYCHICWORLD does not verify the skills, degrees, qualifications, credentials or background of any Psychics. It is strongly recommended that the Client independently verify the skills, degrees, qualifications, credentials and background of each Psychic from whom he or she receives or contemplates to receive advice or services.
PSYCHICWORLD my assign some form of a “Rating” to any and all Psychics. Client acknowledges that a “Rating” and the other information contained in an Psychics profile, such as descriptions of a professional's areas of practice or specialisation, and other data, summaries or descriptions on PSYCHICWORLD, are based on the data obtained by or submitted to PSYCHICWORLD which may be incomplete or inaccurate, and may rely on automated and/or proprietary interpretations of the information gathered by or submitted to PSYCHICWORLD. A “Rating” reflects PSYCHICWORLD’s assessment of a given Psychic, based upon the information obtained by or submitted to PSYCHICWORLD; someone else's assessment of the same professional may be different or based upon different information. Neither “Ratings”, professional information nor any of the other information contained on PSYCHICWORLD are an endorsement of any particular professional or are a guarantee of a professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of any matter in which such Psychic is involved.
Information furnished by Psychics is intended for general information purposes and/or entertainment purposes only. Any consultation with an Psychic via the Site cannot and does not replace a meeting with a professional. Client is encouraged to verify the information furnished by Psychics. Any reliance on such information is done at the Client's full and sole risk and liability.
PSYCHICWORLD DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR Psychic ADVICE PROVIDED AND PSYCHICWORLD WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY CLIENT DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. ANY TRANSACTION WITH ANY Psychic IS ENTERED INTO THE CLIENT’S SOLE RISK AND TO THE COMPLETE EXONERATION OF PSYCHICWORLD.
Client warrants and agrees to the following:
By posting or submitting content on our site, You grant PSYCHICWORLD a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to use, copy, publicly perform, digitally perform, publicly display and distribute (through multiple tiers) such contributed content, and to sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your contributed content.
All contact between you, the Client, and any Psychic(s) must be conducted only through the PSYCHICWORLD platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the PSYCHICWORLD platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event PSYCHICWORLD suspects or determines any such unauthorised contact, PSYCHICWORLD reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
The information furnished by you in the registration form is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.
PSYCHICWORLD is not involved in any transactions between you and any Psychic.
You are solely responsible for verifying the Psychic's identity, qualifications, credentials, biographic information, licenses held and other information.
PSYCHICWORLD is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Psychics.
PSYCHICWORLD does not control the quality, relevance or accuracy of any advice provided by an Psychic, and PSYCHICWORLD does not determine whether any Psychic is qualified to provide any specific advice, whether an Psychic is categorised correctly or in the most appropriate category to provide the advice sought by a Client, or whether any postings on PSYCHICWORLD or any transmissions through the foregoing by a Client or an Psychic is accurate, correct, relevant or appropriate.
All interactions between you and an Psychic will be billed through PSYCHICWORLD regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an Psychic while using the Site and to pay to PSYCHICWORLD all fees for services rendered to you by Psychics.
Client will not interfere with or disrupt, or attempt to interfere with or disrupt, any PSYCHICWORLD servers, networks or equipment connected to a Site.
Client will not attempt to gain unauthorised access to any other computer system or network connected to the Site.
Client will not transmit, upload, email, post or otherwise make available through the Service or the Site: (i) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (ii) any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Client will not transmit, upload, email, post or otherwise make available: (i) any information or material that infringes upon a third party right, especially intellectual property rights; (ii) any third party advertisements, including banner exchange services; (iii) any software viruses, worms or any other malicious application or code; or (iv) any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law.
PSYCHICWORLD enables the transfer of files between Clients and Psychics. When opening such file attachments received from Psychics it is the Client's responsibility to scan them with an anti-virus software application prior to opening them.
Client will not impersonate any person or entity, or make any false statements regarding his or her employment, agency, or affiliation with any person or entity.
Client will not stalk, threaten or harass any Psychic or infringe upon or attempt to infringe upon their privacy.
PSYCHICWORLD may elect, but is not required, to review the Client's personal profile and amend any typing or spelling errors. PSYCHICWORLD does not examine the validity or accuracy of the details in the Client's personal profile or in any of the Client's postings or transmissions. Without derogating from the above or any other term of this Agreement, PSYCHICWORLD may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Client and/or remove any content violating this Agreement. The Client will bear all the risks associated with the uploading and transmitting of material while utilising PSYCHICWORLD’s services, including reliance on its accuracy, reliability or legality.
When you, the Client, create and open an account with PSYCHICWORLD, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify PSYCHICWORLD of any unauthorised use of Client's password, user name, e-mail, or any other breach of security. PSYCHICWORLD encourages Client to change their password at least once a month. PSYCHICWORLD will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. PSYCHICWORLD will hold you liable and responsible for any losses incurred by PSYCHICWORLD due to someone else's use of your account or password.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Nevada (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Nevada. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between PSYCHICWORLD and Psychic and/or Client with respect to the subject matter hereof, and Psychic and/or Client has not relied upon any promises or representations by PSYCHICWORLD with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access PSYCHICWORLD.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Client and Psychic acknowledge that the term 'Psychic', as it pertains to lawyers associated with PSYCHICWORLD, is a generic term and does not in any way, shape, or form, connote any specific or general Psychics or specialty of the lawyer nor should it be construed to imply that any lawyer associated with PSYCHICWORLD has been certified as a legal Psychic or a specialist in any area of law. Furthermore, any and all lawyers associated with PSYCHICWORLD do not hold themselves out to be a legal Psychic or specialist unless specifically stated by the lawyer in his or her profile. Client and Psychic hereby acknowledge that PSYCHICWORLD shall have no liability for any interpretation from the use of the word “Psychic” by PSYCHICWORLD to describe any professional.
If you, the Client, elect to interact with any Psychic in the Future and/or other entertainment-related fields, the Client relationship (as with all other Psychics) is strictly with the Psychic. ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICTION, INFORMATION AND/OR OTHER SERVICE PROVIDED BY ANY SUCH Psychic IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
Client hereby releases and agrees to hold harmless PSYCHICWORLD, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, prediction, information and/or service of any Psychic in the Future and/or other entertainment-related fields.
If a Client chooses to interact through PSYCHICWORLD with any medical professional, mental health professional, physician, attorney or other Psychic in a field requiring certain state or federal licensure and/or certification, the Client relationship (as with all other Psychics) is strictly with the Psychic. PSYCHICWORLD is not involved in any way with the substance of that relationship or the advice or information given therein, and PSYCHICWORLD does not validate the information or advice provided to you by such Psychic. The advice or information provided by lawyers, medical professionals, mental health professionals, and/or physicians is provided for informational purposes only and CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE CLIENT BY A DOCTOR OR OTHER HEALTH OR LEGAL PROFESSIONAL. Clients should not rely on or make health decisions based on advice provided by any Psychic on PSYCHICWORLD. PSYCHICWORLD strongly recommends that a Client seeking medical or mental health advice make an appointment for an examination in person with a qualified professional.
Client acknowledge that any and all lawyers may be bound by state regulations, rules or laws that prohibit lawyers from practicing law or giving legal advice to Clients in states in which a lawyer is not licensed to practice law. Client and/or Psychic assume all liability from any situation in which a lawyer violates this or any other regulation, rule or law.
PSYCHICWORLD does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to, any mental health professional, medical professional, physician, attorney or other professional or Psychic on the site. Client understands that it is his or her responsibility to check the certification and/or licensing of the medical professional, mental health professional, physician, attorney or other professional Psychic with the applicable state licensing board or authorities in the Psychic's state or country.
Client understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Psychic may have been accessed through PSYCHICWORLD, PSYCHICWORLD cannot predict or assess the competence of, or appropriateness for Client's needs, of the professional or other Psychic. Client also acknowledges and agrees that Client takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Psychic through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other Psychic, and that the role of PSYCHICWORLD is strictly limited to providing access to such professionals and other Psychics for Client's consideration.
Client hereby releases and agrees to hold harmless PSYCHICWORLD and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Psychic in a field requiring licensure and/or certification, who may be accessed through PSYCHICWORLD or any related Site.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA.
All Transactions between the Client and the Psychic are to be processed through PSYCHICWORLD. Client is obligated to report to PSYCHICWORLD in cases when he or she was billed directly by an Psychic (i.e. not through PSYCHICWORLD). Such report should include a description of the service that was rendered by the Psychic and the price charged. Client is prohibited from seeking any communication, advice, or Transaction with an Psychic to be performed outside of the PSYCHICWORLD Platform.
Client is solely responsible for paying all fees incurred from any and all interactions with an PSYCHICWORLD Psychic. Client shall also be responsible to reimburse PSYCHICWORLD for any expenses incurred by PSYCHICWORLD to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Client's account disputed in violation of this Agreement. Client shall ensure that all credit card and payment information presented by Client is accurate and correct and kept updated at all times and that Client is fully authorised to use such credit card and payment information for purposes of paying for services made available via PSYCHICWORLD. A Client may make payments by charging the fees to the credit or debit card or the PayPal account on file. Each Client hereby expressly authorises payments for all fees for each Transaction occurring under the Client's account.
PSYCHICWORLD will use reasonable efforts to process the payments due from the Client according to the terms agreed upon between Client and an Psychic within five (5) working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several day period may be consolidated and charged as a single charge to the Client's credit card or debit card. As a result, it is recommended that Clients keep track of their own usage. The Client's credit card statement will read ALW*psychicworld442033188334.
Time charges to Clients are based on increments of a minute as measured on PSYCHICWORLD's servers. Charges to Clients are rounded up so that any part of a minute is considered a full minute of time charges. PSYCHICWORLD shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Client. If the Client thinks that a mistake has occurred he or she may send his or her complaint to customerservice@PSYCHICWORLD.expert.
While Clients are solely responsible and liable for all uses of PSYCHICWORLD (including, but not limited to, the selection of Psychics, communications with Psychics and fee arrangements with Psychics), and while Clients assume the risk that any communications with an Psychic may or may not address a Client's questions or otherwise be satisfactory, relevant or acceptable to the Client, in certain limited circumstances PSYCHICWORLD may elect to refund a payment made by a Client for a communication session with an Psychic by contacting us at: refund(@)psychicworld(dot)com. All such refund requests will be fully investigated by an PSYCHICWORLD customer service representative and will be determined by PSYCHICWORLD on a case by case basis. All refund decisions will be made at the sole discretion of PSYCHICWORLD and such determinations will be final.
PSYCHICWORLD does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, Psychics, claims or background of any Psychic or any opinion, response, advice, prediction, recommendation, information or other service provided by any Psychic. Nothing contained in this Agreement or on PSYCHICWORLD shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (i) any opinion, response, advice, prediction, recommendation, information or other service provided by any Psychic or otherwise made available on PSYCHICWORLD; (ii) any Psychic; or (iii) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Psychic, including, but not limited to, any biographical information, qualifications, or other information disseminated by any Psychic or contained in or made available on PSYCHICWORLD.
CLIENT ACKNOWLEDGES AND AGREES THAT THE SITE IS PROVIDED "AS IS", AND THEREFORE CLIENT WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST PSYCHICWORLD, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE OR ANY Psychic. THE USE OF THE SITE IS AT THE CLIENT'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, PSYCHICWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
PSYCHICWORLD expressly disclaims all representations and warranties related to information posted or transmitted by Psychics. If a Client decides to rely on information provided by an Psychic, Client must exercise a high level of care. The Client shall not have any claim or demand against PSYCHICWORLD, its affiliates, and/or any of the foregoing's officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice Client receives, uses and/or relies on. PSYCHICWORLD will not be deemed the provider of any Psychic's services or other information acquired through PSYCHICWORLD. The purchase of the services of any Psychic is entirely at the Client's sole risk. PSYCHICWORLD does not assume, and will not be liable for: (i) the accuracy or availability of PSYCHICWORLD; or (ii) any damages or injury arising from or related to the Site and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Psychic.
PSYCHICWORLD will not be liable for enforcing any agreement that was made between an Psychic and a Client, including a Client fee agreement. Client will be solely responsible for any agreement made with an Psychic. In the event of a dispute regarding any Transaction conducted via PSYCHICWORLD, the Client hereby relieves PSYCHICWORLD, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Client may have against one or more of the above.
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT PSYCHICWORLD, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). CLIENT FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) PSYCHICWORLD, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY CLIENT TO PsychicS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (B) PSYCHICWORLD DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN Psychic IN CONNECTION WITH PAYMENT FOR SERVICES BY THE CLIENT AND CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD PSYCHICWORLD HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE. In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to PSYCHICWORLD will be capped at $100. This section (limitation of liability) shall survive termination or expiration of this Agreement.
PSYCHICWORLD.expert provides a platform where an Psychic may present his or her Psychics and sell advice or services to interested PSYCHICWORLD users ("Clients"). Psychic, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. Psychic represents, warrants and declares that while you are using PSYCHICWORLD.expert as an Psychic, you will act according to the following rules:
Psychic represents and warrants that it maintains and will continue to maintain all necessary certifications, memberships, including, without limitation, with any applicable professional order and maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Psychic, including, without limitation, professional liability insurance applicable to the legal and medical professions;
Psychic will be solely responsible for the services provided to Clients and to the verification of Clients’ identity and other information delivered to you by Clients;
As a platform where Psychic can offer services, PSYCHICWORLD is not involved in any transactions between Psychic and Clients. PSYCHICWORLD does not control the accuracy of any postings on the Site or transmissions through it by Clients. In addition, PSYCHICWORLD cannot and will not make any effort to verify the identity of any of its Clients;
Psychic agrees that any information or content that Psychic posts or transmits through PSYCHICWORLD.expert will not be considered Psychic’s confidential information, but rather this information, whether personal in nature or not, shall be owned by PSYCHICWORLD. Psychic further agrees and consents to the Psychic’s chats or transcripts, being captured in any format, controlled, processed and shared by PSYCHICWORLD with third parties as designated solely by PSYCHICWORLD;
Psychic grants PSYCHICWORLD an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis. Psychic will not attempt to provide any service that he or she is not qualified to provide, even if requested to do so by a Client. Psychic will not answer questions from the public board in fields that are not within Psychic’s fields of Psychics;
Psychic will not mislead Clients to believe that he or she can provide a service which is outside Psychic’s fields of Psychics;
All interactions between Psychic and Client will be billed exclusively through PSYCHICWORLD regardless if the interaction is online or offline;
Psychic agrees to abide by the pricing terms agreed upon with Clients while utilising PSYCHICWORLD.expert;
All contact between Psychics and any Client(s) must be conducted only through the PSYCHICWORLD platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the PSYCHICWORLD platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. Any fees or charges payable by a Client in relation to any dealings with the Psychic conducted outside of the PSYCHICWORLD Platform shall also be the sole property of PSYCHICWORLD which shall have full recourse over same. In the event PSYCHICWORLD suspects or determines any such unauthorised contact, PSYCHICWORLD reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion;
Psychic will not take any actions which may undermine, disrupt or manipulate the integrity of the Client feedback (rating) system on the Site. PSYCHICWORLD also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Client feedback system;
Psychic will not interfere with or disrupt the PSYCHICWORLD.expert site or servers or networks connected to the Site;
Psychic will not attempt to gain unauthorised access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
Psychic will not transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
Psychic will not disobey or breach this Agreement or any other applicable instructions conveyed by PSYCHICWORLD or its officers;
Psychic will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Psychic will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law;
Psychic will not impersonate any person or entity, or make any false statement regarding Psychic’s employment, agency or affiliation with any person or entity;
Psychic will not stalk, threaten or harass Clients or other Psychics or invade or attempt to invade their privacy;
Psychic will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Psychic will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
Psychic will not disclose any information that was provided to Psychic by a Client and will use his or her best efforts to guard Client's privacy; and
Psychic agrees to comply with all applicable laws regarding use of this Site. Psychic may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of PSYCHICWORLD or others. Psychic agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Psychic may not attempt to gain unauthorised access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
PSYCHICWORLD may review the Psychic's personal profile and amend any errors. PSYCHICWORLD cannot and will not verify or examine the truthfulness or accuracy of the details in the Psychic’s personal profile, credentials, qualifications, or any of Psychic’s postings or transmissions. However, PSYCHICWORLD may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Psychic. Without derogating from the above, PSYCHICWORLD may remove any content violating this Agreement. The Psychic will bear all the risks associated with the uploading and transmitting material utilising PSYCHICWORLD.expert, including reliance on its accuracy, reliability or legality.
PSYCHICWORLD my assign some form of a “Rating” to any and all Psychics. Psychic acknowledges that a “Rating” and the other information contained in an Psychics profile, such as descriptions of a professional's areas of practice or specialisation, and other data, summaries or descriptions on PSYCHICWORLD, are based on the data obtained by or submitted to PSYCHICWORLD which may be incomplete or inaccurate, and may rely on automated and/or proprietary interpretations of the information gathered by or submitted to PSYCHICWORLD. A “Rating” reflects PSYCHICWORLD’s assessment of a given Psychic, based upon the information obtained by or submitted to PSYCHICWORLD; someone else's assessment of the same professional may be different or based upon different information. Neither “Ratings”, Professional Information nor any of the other information contained on PSYCHICWORLD are an endorsement of any particular professional or are a guarantee of a professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
The Site may contain links or other content related to websites, products and/or services offered by third parties. PSYCHICWORLD has no control over any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. The Client acknowledges and agrees that PSYCHICWORLD is not responsible for the availability of such third party links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Client warrants and agrees that PSYCHICWORLD will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. PSYCHICWORLD encourages the Client to, at a minimum, be aware when he or she leaves the Site and to review the privacy practices related to third party sites.
PSYCHICWORLD may include on the Site advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Client may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Client acknowledges and agrees that PSYCHICWORLD is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers. The Client is wholly liable for all communications and transactions with advertisers.
THE Psychic ACKNOWLEDGES AND AGREES THAT PSYCHICWORLD.expert IS BEING PROVIDED FOR USE AS IS, AND THEREFORE Psychic WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS PSYCHICWORLD IN RESPECT TO PSYCHICWORLD.expert'S CLIENTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE Psychic'S NEEDS. THE USE OF PSYCHICWORLD.expert IS ACCORDINGLY BEING MADE AT THE Psychic'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. PSYCHICWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS CLIENTS. IF AN Psychic DECIDES TO PROVIDE Psychic’S SERVICES THROUGH THE USE OF PSYCHICWORLD.expert, Psychic MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS Psychic WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE Psychic SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST PSYCHICWORLD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES Psychic DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF PSYCHICWORLD.expert. PSYCHICWORLD WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH PSYCHICWORLD.expert. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE Psychic'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL PSYCHICWORLD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY Psychic FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. PSYCHICWORLD, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO PSYCHICWORLD BY Psychic THROUGH PSYCHICWORLD.expert IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. Psychic ACKNOWLEDGES AND AGREES THAT PSYCHICWORLD DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY ANY PERSON IN CONNECTION WITH PROVISION OF ANY SERVICES BY Psychic (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE Psychic AS TO Psychic’S QUALIFICATIONS AND ADVICE PROVIDED BY THE Psychic) THROUGH THE PSYCHICWORLD SERVICE AND Psychic AGREES TO INDEMNIFY AND HOLD PSYCHICWORLD HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. PSYCHICWORLD WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN Psychic AND A CLIENT, INCLUDING Psychic FEE AGREEMENT. Psychic WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CLIENT. Psychic FURTHER ACKNOWLEDGES THAT Psychic WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY CLIENT TO WHOM Psychic PROVIDES SERVICES AND WHERE THAT CLIENT SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH PSYCHICWORLD.expert, Psychic HEREBY RELEASES PSYCHICWORLD AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH Psychic MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL Psychic: THE ADVICE OR INFORMATION YOU PROVIDE TO CLIENTS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE CLIENT BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE CLIENT TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL Psychic, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY CLIENT THROUGH PSYCHICWORLD.expert. IN ADDITION, YOU AGREE THAT YOU:
Will not prescribe or dispense medicines;
Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Client;
Will recommend that Clients seek the advice of a physician who can perform an in-person physical examination;
Will advise Clients that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only; Additional Psychic Representations and Warranties.
By registering as an Psychic on PSYCHICWORLD, you, the Psychic, represent, warrant and agree to the following:
You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medical or legal information unless you are a licensed professional in good standing in the relevant field of Psychics and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
At all times you, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in PSYCHICWORLD, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorised or licensed or in good standing to do so.
You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
You will not misrepresent yourself or create a misleading name or listing.
If you are a lawyer, you acknowledge that you may be bound by state regulations, rules or laws that prohibit you from practicing law or giving legal advice to Clients in states in which a lawyer is not licensed to practice law. You assume all liability from any situation which violates this or any similar regulation, rule or law.
Psychic is fully responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. Psychic will be fully responsible for all activities that occur under your account, user name or password. Psychic may not use the account, username or password of someone else at any time. Psychic will immediately notify PSYCHICWORLD of any unauthorised use of your password, user name, e-mail or any other breach of security. PSYCHICWORLD encourages Psychics to change their password at least once a month. PSYCHICWORLD will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Psychic may be held liable for any losses incurred by PSYCHICWORLD due to someone else’s use of your account or password.
Psychic does not have to furnish the information required for registration in PSYCHICWORLD.expert. However, without that information, Psychic will not be able to use PSYCHICWORLD's services. PSYCHICWORLD, Inc. is the sole owner of the information collected on this Site. By consenting to this Agreement, you agree and acknowledge that PSYCHICWORLD may collect, process, and transfer any information, private or otherwise, so long as PSYCHICWORLD does so for the purpose for which it was collected.
By utilising PSYCHICWORLD.expert Psychics and Clients can negotiate and enter into a contract for advice. PSYCHICWORLD does not screen or edit the content of communications between Psychics and Clients, but PSYCHICWORLD may screen, copy, transmit and review all communications conducted by or through PSYCHICWORLD.expert for technical support and/or in order to uphold the terms of this Agreement. All communications between Psychics and Clients are NOT encrypted and thus may be subject to unauthorized interception and monitoring and thus may be at risk.
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