Terms and Conditions
These Terms and Conditions (this “Agreement”) apply to all users (“you” or “User”) who
access and/or use the Spooky Chick LLC platform for online advice and services (the
"Monthly Horoscope & Horoscope Subscriptions").
Disclaimer - For Entertainment Purposes Only
Acceptable Use
Modification and Termination of Services
Fees and Payments
Privacy
Third-Party Websites
Disclaimers
Links and Advertisements
Intellectual Property
Limitation of Liability
Indemnification
Copyright Policy
Miscellaneous
Disclaimer - For Entertainment Purposes
Only
You are solely responsible for verifying a Psychic’s identity, qualifications, credentials,
biographics information, licenses held, and other information. Spooky Chick LLC is not
responsible for any such verification.
User acknowledges and agrees that Psychic Readers are neither employees nor agents
nor representatives of Spooky Chick LLC, and Spooky Chick LLC assumes no
responsibility for any act or omission of any such Psychic Reader.
Psychic Readers are not employees or agents of Spooky Chick LLC or any of its
affiliates. All Psychic Readers are independent contractors of Spooky Chick LLC, and
because they are independent contractors, Spooky Chick LLC does not control the
quality, relevancy, or accuracy of any advice provided by a Psychic Reader and does
not determine whether any Psychic Reader is qualified to provide any specific advice,
whether an Psychic Reader is categorized correctly or in the most appropriate category
to provide the advice sought by a User, or whether any postings on or transmissions
through the Virtual psychic Readings by a User or a Psychic Reader are accurate,
correct, relevant, or appropriate.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION,
INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY Psychic Reader IS
PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
The advice or information provided by attorneys, doctors, and other Psychic Readers in
fields requiring licensure and/or certification is provided for informational purposes only
and cannot be considered a substitute for an in-person meeting or a face-to-face
physical examination. Users should not rely on or make health, legal, financial, or other
decisions based on advise provided by any Psychic Reader. Spooky Chick LLC
strongly recommends that a User seeking medical or mental health advice see a
qualified professional in person.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO
YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL
EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY
MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
Acceptable Use
By accessing and/or using the Virtual psychic Readings, you represent, warrant, and
agree to the following:
• You are at least 18 years of age. If you are under the age of 18, you may not use
or register for the Virtual psychic Readings or provide any personal information to
us. Spooky Chick LLC reserves the right to immediately terminate any User
account and delete his or her information if it believes the User is under the age
of 18.
• The information you submit in your registration form is true, accurate, and
complete, and you will maintain and update this information during the term of
this Agreement so that it remains true, accurate, current, and complete.
• You will not undermine, disrupt, or manipulate the integrity of the User feedback
rating system on the Virtual psychic Readings. Spooky Chick LLC may, without
notice, remove old ratings or exclude ratings which Spooky Chick LLC in its sole
discretion believes compromises the integrity of the User feedback rating system.
• You will not interfere with or disrupt any Spooky Chick LLC servers, networks, or
equipment in connection with the Virtual psychic Readings.
• You will not attempt to gain unauthorized access to any computer system or
network connected to the Virtual psychic Readings.
• You will not transmit, upload, email, post, or otherwise make available through
the Virtual psychic Readings: (a) any junk mail, spam, or unsolicited email or
bulletin board postings; (b) any unlawful, harassing, libelous, abusive,
threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise
objectionable material of any kind; © any information or material that infringes a
third-party right, including but not limited to intellectual property rights and/or
privacy rights; (d) any software viruses, Trojan horses, worms, or any other
malicious application or code; or (d) any information or material which may
constitute or encourage conduct that is a criminal offense, a civil wrong, or
otherwise violates any applicable law.
• You will not violate any applicable laws, rules, regulations, or ethical codes.
• Spooky Chick LLC enables the transfer of files between Users and Psychic
Readers. When opening such file attachment, it is your responsibility to scan the
files with an anti-virus software application.
• You will not impersonate any person or entity or make any false statement
regarding your employment or affiliation with any person or entity.
• You will not stalk, threaten, or harass any Psychic Reader or User or infringe on
or attempt to infringe on their privacy.
• Spooky Chick LLC may choose to review the User’s personal profile and amend
any typing or spelling errors.
• Spooky Chick LLC may, in its sole discretion, (i) refuse to post or transmit; or (ii)
remove any content uploaded by User.
Modification and Termination of Services
Spooky Chick LLC may modify or discontinue, temporarily or permanently, any service
part of the Virtual psychic Readings, with or without notice to User without liability to
User or any third party. Spooky Chick LLC, in its sole discretion and for any reason,
may terminate User’s participation in the Virtual psychic Readings and refuse any and
all current or future use by User of the Virtual psychic Readings.
Fees and Payments
All interactions between you and a Psychic Reader will be billed through the Virtual
psychic Readings regardless of whether the interaction is online or offline. You agree to
abide by the pricing terms agreed upon with a Psychic Reader while using the Virtual
psychic Readings and to pay to Spooky Chick LLC all fees for services rendered to you
by Psychic Readers.
You may make payments by using the credit card, debit card, or PayPal account you
have on file with Spooky Chick LLC. You expressly authorize payments for all fees for
each transaction occurring under your account. All amounts displayed on the Virtual
psychic Readings are in US dollars, and You will be charged in USD. You will ensure
that all credit card and payment information you provide is accurate, correct, and kept
updated at all times, and that you are fully authorized to use such credit card and
payment information. You may be required to verify your account or payment method
via phone or email. Spooky Chick LLC may, at its sole discretion, choose to refund a
payment made by a User in certain limited circumstances.You must submit any request
for such a refund within seven (7) days of the end of the associated session with the
Psychic Reader.Refund requests should be emailed to morticia@spookychick.com with
“refund”in the subject line
Please note that Spooky Chick LLC will use reasonable efforts to process payments
after the end of each session and within seven (7) business days of each transaction;
however, there may be delays due to credit card and debit card payment processes.
Charges incurred over a several day period may be consolidated and charged as a
single charge. If a credit card charge is declined, Spooky Chick LLC may attempt to
charge any or all other cards you have on file (in one charge or in partial charges if
unable to charge the full amount) for the following 60-90 days.
Time charges are based on increments of a minute as measured on Spooky Chick
LLC’s servers. Any use of a partial minute is rounded up to a full minute. Spooky Chick
LLC’s billing system is not fault-free; therefore, Spooky Chick LLC shall not be liable for
any problems, miscalculations, or malfunctions in processing payments. If you believe
a mistake has occurred, please submit a ticket by emailing Morticia@spookychick.com
Privacy
Log-in Credentials. You are responsible for maintaining the confidentiality of your
password, username, and any other security information related to your account. You
are fully responsible for all activities that occur under your account.
Privacy Policy. By accessing and/or using the Virtual psychic Readings, you agree to
the terms of Spooky Chick LLC’s Privacy Policy.
Permitted Disclosures. Spooky Chick LLC may disclose User information, including, but
not limited to, personal information, transcripts, surveys, and recordings, to a third party
(including the appropriate authorities) if Spooky Chick LLC or an Psychic Reader
reasonably believes that disclosure (i) is necessary to comply with a legal process (such
as a court order, subpoena, search warrant, etc.) or other legal requirement of any
governmental authority; (ii) would potentially mitigate Spooky Chick LLC’s liability in an
actual or potential lawsuit; (iii) is necessary or appropriate to protect Spooky Chick
LLC’s rights or property, or the rights or property of any person or entity; (iv) is
necessary or appropriate to enforce this Agreement (including, but not limited to,
ensuring payment of fees by Users), or (v) is necessary to deter illegal behavior
(including, but not limited to, fraud), or (vi) is necessary because someone may be in
danger.
Your Information. You hereby grant Spooky Chick LLC an unlimited, irrevocable,
royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display,
publicly perform, create derivative works based on, on a worldwide basis, any
information or content that you post, transmit, deliver, or receive via the Virtual psychic
Readings.
Spooky Chick LLC may retain your information for the purposes and timeframes as set
out in Spooky Chick LLC’s Privacy Policy. Nevertheless, you acknowledge that Spooky
Chick LLC is not required to store information (including your transcripts, surveys, and
recordings) indefinitely.
Third-Party Websites
The Virtual psychic Readings, or a portion thereof, may also be made available via
third-party websites. If you have accessed the Virtual psychic Readings, or any portion
thereof, via a third-party website, such use may be subject to terms and conditions
imposed by such third party. Spooky Chick LLC is not responsible for any terms,
conditions, policies, acts, or omissions, of any such third parties.
Disclaimers
Spooky Chick LLC is not responsible for reviewing, endorsing, recommending, verifying,
evaluating, warranting, or guaranteeing the qualifications, expertise, claims, or
background of any Psychic Reader or any opinion, response, advise, prediction,
recommendation, information, or other service provided by any Psychic Reader.
Spooky Chick LLC shall not be deemed the provider of any of the Psychic services or
other information acquired through the Virtual psychic Readings.
User ACKNOWLEDGES AND AGREES THAT THE Virtual psychic Readings IS
PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND
AGAINST Spooky Chick LLC, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR
AGENTS WITH RESPECT TO THE Virtual psychic Readings. USE OF THE Virtual
psychic Readings IS AT THE User’S SOLE RISK. TO THE FULLEST EXTENT
ALLOWED BY LAW, Spooky Chick LLC 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.
Spooky Chick LLC does not assume, and will not be liable for: (1) the accuracy or
availability of the Virtual psychic Readings; or (2) any damages or injury arising from or
related to the Virtual psychic Readings and/or any opinion, response, advice, prediction,
recommendation, information, and/or other service provided or not provided by any
Psychic Reader. Spooky Chick LLC does not guarantee that Spooky Chick LLC’s
service will be uninterrupted or that it will be timely, secure, or error-free.
Links and Advertisements
The Sites may contain links or other content (including advertisements on its own behalf
or paid advertisements on behalf of third parties) related to web sites, products and/or
services offered by third parties and Company has no control over any such linked
content or anything provided by any such third party. The User acknowledges and
agrees that Company is not responsible for such third party links, content, web sites,
products or services and will not be responsible or liable for anything related thereto and
agrees that Company will not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged by or in connection with the use of or reliance on any
such link, web site, content, product and/or service.
Intellectual Property
The Sites contain copyrighted material, trade secrets, trademarks, patents and other
proprietary information owned by Company (“Intellectual Property”), one of its affiliated
companies, or its licensors. This Agreement does not grant to the User any rights to any
Intellectual Property appearing on the Sites or any services offered by Company. The
User may not create any derivative or similar work or technology based upon any
Intellectual Property of Company, an affiliated company, or its licensors. User may not
sub-license, assign, transfer, sell or make any other commercial use of his or her
Usership in the Sites.
Company, its affiliated companies or its suppliers are the sole owners of all Intellectual
Property. Except as otherwise expressly set forth or provided in this Agreement,
Company, its affiliated companies or its suppliers shall retain all ownership rights in and
to all Intellectual Property and content displayed on the Sites, including copies of data
transferred or received by User through the Sites. This section shall survive expiration
or termination of this Agreement.
Limitation of Liability
User EXPRESSLY UNDERSTANDS AND AGREES THAT SPOOKY CHICK LLC, ITS
AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT
BE LIABLE TO 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). User FURTHER EXPRESSLY UNDERSTANDS
AND AGREES THAT: (A) SPOOKY CHICK LLC, ITS AFFILIATES AND THE
FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS
AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING
WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES
WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY
User TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH
PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) SPOOKY
CHICK LLC DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR
ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR
SERVICES BY THE User AND User AGREES TO INDEMNIFY, DEFEND AND HOLD
SPOOKY CHICK LLC 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.
Indemnification
User shall defend, indemnify and hold Company, its affiliates and its and their officers,
directors, employees, consultants, representatives and agents (collectively, the
“Indemnified Parties”) harmless from 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
an Indemnified Party related to: (a) any breach of any representation, warranty,
covenant or agreement made or to be performed by User according to this Agreement;
(b) User’s refusal to pay for services provided by any Psychic Reader; © any content
User submits, posts or transmits through a Site and/or the Virtual psychic Readings or
otherwise provided by User; and (d) User’s use of any Site and/or the Virtual psychic
Readings. This section shall survive expiration or termination of this Agreement.
Copyright Policy
Company respects the intellectual property of others, and we ask our users to do the
same. Company may terminate the account or access of users who infringe the
intellectual property rights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide the following information:
• an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• a description of the copyrighted work, including the location where the
copyrighted work exists;
• your telephone number, and email address;
• a statement by you that you have a good faith belief that the use is not
authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
Company’s Copyright Agent for Notice of claims of copyright infringement can be
reached as follows:
By mail: Copyright Agent
Spooky Chick LLC Inc. Legal Department
By email: spookychickworld@gmail.com
Miscellaneous
Company may provide notices or other communications to you regarding changes to
this Agreement and/or changes to any aspect of the Virtual psychic Readings or Sites,
by email to the email address that we have on record, by regular mail or by posting on
the Site and/or the Virtual psychic Readings. The date of receipt shall be deemed the
date on which such notice is given. Notices sent to Company must be delivered via
Spooky Chick LLC Inc.
Attn: Legal Department
spookychickworld@gmail.com
You shall not assign your rights or obligations pursuant to this Agreement without the
prior, written consent of Company.
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 authorized in writing by the
party to be bound. This Agreement shall be interpreted only in accordance with the laws
of the State of New Jersey(excluding any rules governing choice of laws), and any legal
proceeding arising out of this Agreement will occur exclusively in the courts located in
Trenton,NJ. 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 Company and User with respect to the subject matter hereof, and
User has not relied upon any promises or representations by Company with respect to
the subject matter except as set forth herein. Persons and entities who live in a territory
that is prohibited by law from entering into trade relations with the United States are not
permitted to use or access the Virtual psychic Readings or the Sites.
No amendment to this Agreement will be effective unless made in writing. 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.