Terms & Conditions | freshpsychic

TERMS OF USE (FULL)

In these terms, “Ryn W.”, “we”, “us” and “our” means FreshPsychic.com. These terms apply to your use of the website at www.freshpsychic.com and all of its contents, and also apply to any products, services, or software offered on or through the site (Site).

PLEASE READ THESE ENTIRE TERMS. IF YOU DO NOT AGREE TO THEM, DO NOT USE THE SITE. By accessing or using the Site in any manner, whether automated or otherwise, you agree to be bound by these terms.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THESE TERMS, WE CAN TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

LICENCE TO USE THE SITE AND CONTENT ON THE SITE

You acknowledge that the Site, the content posted, and all materials available, on the Site by us, our affiliates and our users (together with the Site, the Content), and the underlying software and technologies used to operate the Site, are all subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).

We grant you a limited, non-transferable licence to access and use the Site and the Content solely for your personal, non-commercial purposes. You may not use the Site or any Content in a manner that constitutes an infringement of our rights, or the rights of any other person, or that has not been authorized by us. More specifically, unless explicitly authorized in these terms or by the owner of the relevant Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material, including tarot images, from the Site. You may, however, from time to time, download and/or print one copy of individual pages from the Site for your personal non-commercial use, provided that you keep intact all copyright and other proprietary notices.

We retain all right, title, and interest in and to the Site and the Content, and nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorize you to exercise any Intellectual Property Rights unless we expressly agree otherwise.

Except as provided in these terms, permission to reprint or electronically reproduce the Site or the Content, in whole or in part, whether by automated or manual means (including through the use of any robot, spider, scraper or similar technology) is prohibited, unless you obtain our prior written consent.

We may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Site without notice.
SOCIAL SIGN IN AND MEMBERSHIP

In order to access certain features on the Site, you may need to do any or all of the following: Register as a member; sign in via your social media account; or verify that you are over 18 years old.

Your use of any social sign-in is subject to the terms and conditions of your account with the third party social media service provider in addition to these terms.

In order to register as a member, you must provide us with accurate and up to date registration information including certain demographic information including your gender, year of birth, zip/post code and country and/or personally identifiable information such as your name and email address. You may wish to nominate a display name which is different to your real name. However, you must not impersonate the identity of someone else (which includes using anyone else’s display name or password) or use a vulgar or offensive username. In some instances, we may require you to provide your real name or other identifying information.

If you provide any information that it untrue, incomplete, inaccurate or not current, we may suspend, terminate and refuse your current or future use of the Site or any Content
COMMUNICATIONS

You understand that you may receive communications from us such as announcements, advertisements, and other direct marketing materials. This will only apply if you have registered or subscribed to receive such promotional materials. If you no longer wish to receive such information, please let us know either by email or by unsubscribing at any time and your request will be actioned as soon as reasonably possible. We may, however, continue to send you business-related communications. You agree that these communications are not unsolicited commercial email advertisements and you agree to receive them. You will not be able to opt out of receiving such communications.

DISCLAIMER

Except where expressly specified, the content on the Site is provided for your information only. It is not intended as advice and you should not rely upon it as such.

INTERACTIVE FEATURES

The Site may include a variety of features, such as forums, bulletin boards, blogs, comment fields, chat rooms, and email services, which allow feedback to us and real-time interactive between users, and other features which allow users to communicate with others.

CONTENT YOU SUBMIT VIA THE SITE

Where requested, we encourage you and our other users to contribute to the Site by submitting Content, comments, participating in the Site discussion forums and, where appropriate, uploading information, materials and photos (collectively, Submissions).

You retain copyright and any other rights you already hold in any Submissions. By submitting, posting or displaying the Submissions, you give us, and anyone authorized by us, a perpetual, irrevocable, worldwide, royalty-free, unrestricted and non-exclusive licence to use, reproduce, adapt, modify, translate, create derivative works from, publish, transmit, exploit, publicly perform, publicly display and distribute the Submissions, in whole or part, in any form, manner or medium (including by email or other electronic means), now known or later developed, for any purpose.  Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of you Submissions by name, email address or screen name, as we deem appropriate.

You warrant to us that you have all the rights, power and authority necessary to grant the licence of your Submissions above, and that our use of your Submissions in accordance with these terms will not infringe the rights (including Intellectual Property Rights) of any person or entity or breach any applicable law.

It is a condition of your use of the Site that you do not submit, post, display or otherwise contribute to the Site any of the following:any content including any comment, review, message, data, information, text, music, sound, photo, graphic, code or any other material, that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or which discriminates against or vilifies any group or individual or which would be rated R, RC or X by the Australian Classification Board or its equivalent in another jurisdiction;

content that may infringe any trade secret or Intellectual Property Rights of any person or entity;

content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;

unsolicited promotions, including self-promotion of any nature, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, solicitations or the promotion of fund raising or charitable causes (unless in response to a written request made by us);

content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; or

private information of any third party, including, surname (family name), addresses, phone numbers, email addresses and credit card numbers.

You understand and agree that by using the Site, you may be exposed to Submissions that you find offensive, indecent or objectionable, and that, in this respect, you use the Site at your own risk. We reserve the right, in our sole discretion and for any reason, to pre-screen, monitor, review, flag, filter, modify, refuse or remove any or all Submissions (or any part of them) from the Site, but we have no obligation to do so, and we will not be responsible or liable for any of the Submissions. In order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors, we may disclose any Submission and the circumstances surrounding its transmission to any third party.

You understand and agree that we neither endorse, nor are we responsible for, the accuracy and/or reliability of any Submission opinion, advice or statement made anywhere on the Site by anyone other than our authorized representatives acting in their official capacities.

You must abide by any additional guidelines that may be posted on the Site by us.

You acknowledge that each user of the Site is responsible for their own Submissions, and as a result, we have no control over the truth, accuracy or completeness of any Submissions.

LINKING TO THIS SITE

We encourage you to provide links to this Site. While you may use the name of the Site in the text of any such link, you may not, without our prior written consent: (i) frame or inline link the Site or any Content; (ii) incorporate into another website or other product or service any part of the Site, Content or intellectual property; or (iii) use any of our logos or trademarks.

You must not represent or imply (i) that any part of the Site belongs to anyone other than us; or (ii) sponsorship of any site by us or the Site.

If we notify you that we object to the manner in which you provide links to this Site, you must immediately cease providing such links.

GENERAL RESTRICTIONS

It is a condition of your use of the Site that you do not:

violate any applicable laws;

purchase, download or copy any Content and use such purchase, download or copy to pirate that Content;

resell or redistribute any Content on its own or as part of a compilation, whether claimed as your own property or properly attributed;

interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;

distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;

disclose any password associated with an account you use to access the Site (and you will be solely and personally responsible for all activities that occur under your account);

gain unauthorized access to the Site, or any account, computer system or network connected to the Site, by means such as hacking, password mining or other illicit means;

obtain or attempt to obtain Content or any materials or information through any means not intentionally made available through the Site;

collect, store or use any email address or other personal data about other users of the Site;

use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;

use the Site for any purpose that is threatening, libelous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights;

modify or delete any Content and/or communications on the Site; or

engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site.

WARRANTIES AND INDEMNITY

You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

IT IS AN ESSENTIAL PRE-CONDITION TO YOUR USE OF THE SITE THAT YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT ARE AT YOUR SOLE RISK AND THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE SITE AND THE CONTENT AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE SITE AND THE CONTENT TO MEET YOUR REQUIREMENTS); OR

YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

IN PARTICULAR, WE MAKE NO WARRANTY THAT (1) YOUR USE OF THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (2) THE SITE AND/OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OF USING THE SITE AND/OR THE CONTENT WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OFFERED ON OR THROUGH THE SITE OR THE CONTENT WILL MEET YOUR EXPECTATIONS; OR (5) THAT ANY ERRORS WILL BE CORRECTED.

If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation (including Schedule 2 of the Australian Consumer Code), the common law or otherwise) and cannot be excluded (“Non-Excludable Term“), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following, at our option:

in relation to goods, supplying the goods to you again, the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or

in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER, OR IN RELATION TO, THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE SITE IS LIMITED TO $100. OUR LIABILITY TO YOU WILL ALSO BE REDUCED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD PARTY) CONTRIBUTE TO, OR CAUSE, THE LOSS OR LIABILITY.

SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF:

YOUR ACCESS TO AND USE OF THE SITE; OR
YOUR INABILITY TO USE THE SITE, ANY CONTENT OR ANY PRODUCTS, SERVICES OR THIRD PARTY MATERIAL, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE (EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES),

FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE RELEVANT JURISDICTION.)

The limitations and exclusions above apply regardless of whether the liability arises in contract, tort, or equity, under statute, under an indemnity or on any other basis.

You must indemnify, defend and hold harmless us and our affiliates, and each of our respective directors, officers, employees, agents and contractors (and each of their successors and assigns), from and against any and all claims, causes of action, loss, damage, liability, cost or expense (including legal fees on a full indemnity basis) suffered or incurred:

in connection with a claim brought against any of them, to the extent that such third party claim arises out of, or is related to, your breach of any obligation or warranty in these terms or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party; or
as a result of or relating to your breach of any obligation, warranty, representation or covenant in these terms or your failure to comply with any laws.

We cannot be responsible for any loss, corruption or interception of data sent to or from the Site that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

ONLINE COMMERCE

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

All sales are billed in USD.

All sales are final. We do not provide refunds, unless clearly stated.

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies.

When you purchase third party products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

TERMINATION

We may, under certain circumstances and without prior notice, immediately terminate your account, any associated username or access to the Site, any Content or any services. Causes for termination include: (1) breaches of these terms or other policies or rules; (2) extended periods of inactivity; (3) your engagement in fraudulent or illegal activity; (4) unexpected technical or security issues; and (5) requests by law enforcement or other government agencies.

VARIATION

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Site and/or the services. The revised terms will take effect when they are posted. By continuing to use the Site after we post any such changes, you accept the revised terms. Any new features, services, and/or enhancements are subject to these terms. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Site, any Content or the services.

LINKS AND ADVERTISEMENTS

The Site may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. Some of the links we provide are “affiliate links”. This means if you click on the link and purchase the item connected to that link, we will receive an affiliate commission. We are not responsible for, and do not endorse, the content, information, opinions, advice, products or services or accuracy of any other sites linked to the Site or advertising or promotional material published on the Site. You should contact the relevant third party directly if have any questions.

In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for the offer.

Where the Site includes products of third parties available for purchase, the prices and product description are the responsibility of the retailer.

We will never share your personal information with any person or institution for any resaon, unless ordered to do so by legal notice of the court(s).

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringes your copyright, you, or your agent may send us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

GENERAL

Neither these terms, nor any rights of obligations under them, may be assigned by you without our prior written consent.

If any part of these terms is:

held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or

inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary, and the remainder will remain in full force and effect.
These terms are governed by the laws of Victoria, Australia. Disputes between the parties will be resolved by the courts in Victoria, Australia. You and we agree that neither of us will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
These terms constitute the entire agreement between us and you in relation to the Site and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between us and you in relation to the Site.

Your use of the Site is conducted electronically and we may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices.

The word “including” when used in these terms is not a term of limitation.

CONTACTING US

If you have any questions regarding these terms, you can contact us at:

By Email (preferred):
freshpsychic@gmail.com

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