By using a Zodiac Psychics service platform, you consent to the terms of the applicable privacy statement.
When you register as an advisor you automatically become a site customer, therefore the provisions of Zodiac Psychics Terms of Service and Customer Agreement are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service
ZodiacPsychics.com provides a platform where an advisor may present their expertise and sell advice or services to interested Zodiac Psychics users ("Customers").
Disclaimer of Warranty and Limitation of Liability
THE advisor ACKNOWLEDGES AND AGREES THAT Zodiac Psychics IS BEING PROVIDED FOR USE AS IS, AND THEREFORE advisor WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS Zodiac Psychics IN RESPECT TO Zodiac Psychics MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE ADVISOR’S NEEDS. THE USE OF Zodiac Psychics website or app or platform IS ACCORDINGLY BEING MADE AT THE ADVISOR’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. Zodiac Psychics EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF an advisor DECIDES TO PROVIDE ADVISOR’S SERVICES THROUGH THE USE OF Zodiac Psychics, Advisor MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS advisor WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY THEIR PROFESSION, WHICHEVER IS HIGHER. THE advisor SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST Zodiac Psychics, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES advisor DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF Zodiac Psychics website or app or platform. Zodiac Psychics WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH Zodiac Psychics website or app or platform. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE ADVISOR’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL Zodiac Psychics, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY advisor 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. Zodiac Psychics, 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 Zodiac Psychics BY advisor THROUGH Zodiac Psychics.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. Advisor ACKNOWLEDGES AND AGREES THAT Zodiac Psychics DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY advisor (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE advisor AS TO ADVISOR’S QUALIFICATIONS AND ADVICE PROVIDED BY THE advisor) THROUGH THE Zodiac Psychics SERVICE AND advisor AGREES TO INDEMNIFY AND HOLD Zodiac Psychics HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. Zodiac Psychics WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN an advisor AND A MEMBER, INCLUDING advisor FEE AGREEMENT. Advisor WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. Advisor FURTHER ACKNOWLEDGES THAT advisor WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM advisor PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH Zodiac Psychics website or app or platform, Advisor HEREBY RELEASES Zodiac Psychics 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 advisor MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL advisor: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL the relevant emergency number at their country (e.g. 911 in the US) OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL advisor, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH Zodiac Psychics website or app or platform. IN ADDITION, YOU AGREE THAT YOU:
Additional Advisor Representations and Warranties
By submitting the advisor registration form, you, the advisor, represent, warrant and agree to the following:
You, the Advisor, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using Zodiac Psychics as an advisor, you will act according to the following rules:
The Site may contain interactive features (“Interactive Areas”) in which you may post or upload user-generated content, including but not limited to: messages, comments, photos, videos, other items or materials (collectively, “User Content”).
By posting or uploading User Content or participating in any Interactive Area within or connected to the Site, you agree to the following rules of conduct. You agree not to post, share, upload or transmit in any way User Content that:
Furthermore, by participating in any Interactive Area, you agree:
Zodiac does not tolerate conduct that restricts or inhibits anyone else from using or enjoying the Site, and reserves the right, in its sole discretion, to remove or edit User Content by you and to terminate Your Account for any reason.
Zodiac does not vouch for the accuracy or credibility of any User Content, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Site. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
The decision by Zodiac to monitor User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Zodiac in connection with or arising from use by you of Interactive Areas on the Site.
License To User Content
By submitting User Content to the Site, you automatically grant Zodiac and its parent companies, Psíquicos and Zodiac Live, the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not demand any personal identifiers to be used in connection to the User Content or any related works. (b) you do not object to the publication, use, modification, deletion and exploitation of the User Content by Zodiac or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Zodiac, and its licensees, successors and assigns, from any claims that you could otherwise assert against Zodiac by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
Advisor Earnings and Zodiac Psychics Fees
Zodiac Psychics will use reasonable efforts to process the customers credit cards for the amount agreed upon between the customer and Advisor within seven (7) working days from the execution date of each transaction. Zodiac Psychics commission structure (the "Zodiac Psychics Commission") will be as follows:
Zodiac Psychics service charge is applied on a per-session basis, after the customer has been invoiced and paid the final session fee. Service charges are calculated as follows:
Chat, Call and Email Sessions: Will be subject to a 68% service charge on all sessions. For customers whom you bring to Zodiac Psychics you will be charged a 40% service charge instead of 68% for the first 270 days. If a client is new to you, during their first 2 (two) minutes, no commission is paid to you, the advisor, for this time.
Additionally, Zodiac Psychics may have advisors participate in special offerings that include promotional pricing and/or targeted promotions. No commission is paid to the advisor for these special offerings.
Commission will not be paid for any calls or chats that are one minute or less.
Commission will not be paid for promotional offers and discounts given by Advisors.
Banking fees: The cost of transferring funds to your bank, Paypal, or Payoneer account will be deducted from the total amount paid to you. It is up to the Advisor to pay any fees incurred by their bank, Paypal or Payoneer for banking transactions.
Commission will only be paid from funds that were actually paid by clients. If a client reverses payment (refund/chargeback), this sum will be deducted from reader receivables.
To learn about the Zodiac Psychics referral system, please click here.
A "Live Session" includes a session between an Advisor and a Member via voice, chat, video or any other medium other than via e-mail or offline messages. The Zodiac Psychics Commission for Live Sessions remains at the rate identified above regardless of the session amount. The Zodiac Psychics Commission for e-mail sessions applies to each individual e-mail session, and not to accumulated advisor Fees. As a special incentive to advisors, the Zodiac Psychics Commission for Live Sessions (as identified in the above chart) is 20 percent for "Referred Members" on any transactions that occur after February 15, 2015. A "Referred Member" is a Member who has registered for the first time with the Site via the Advisor’s "Friendly URL" (the URL substantially similar to www.zodiacpsychics.com/expert screen name), provided the Referred Member also meets the following guidelines:
The Referred Member did not arrive at the "Friendly URL" via a search engine or Zodiac Psychics;
The Referred Member was not referred by a Zodiac Psychics Affiliate under the Affiliate Program or through any other Zodiac Psychics arrangement with a third party which gives benefits to third parties in connection with referrals of the Referred Member;
The Referred Member is more than 18 years old, enters a valid credit card or valid PayPal account details;
The Referred Member does not have any other accounts registered on Zodiac Psychics under a different name, e-mail address or phone number;
The Referred Member is not using an existing Member's credit card, PayPal or other payment account.
In addition to the above guidelines, Zodiac Psychics may, in its sole discretion, determine not to categorize a Member as a "Referred Member" if it believes there has been fraud or abuse, or if the Member is not genuinely a new Member or not genuinely referred from the Friendly URL. Zodiac Psychics reserves the right to modify the Zodiac Psychics Fees at any time without prior notice. However, Zodiac Psychics will use reasonable efforts to notify the Advisor in advance of any such change via e-mail and/or messages in the Advisor’s "Mailbox" found under the "My Zodiac Psychics" menu, and/or posting modifications to the Site.
The Banking Fee, App fees, and Zodiac Psychics Commission will be deducted from any advisor Fees or other payment that will be received by Zodiac Psychics and credited to the Advisor’s account immediately upon receipt of such payment. Within thirty (30) days following the end of each month, Zodiac Psychics will deliver payment to advisor as follows: the advisor Fees actually received by Zodiac Psychics in the prior month less the applicable Banking and App Fee and Zodiac Psychics Commission. If the payment to the Advisor for any given month would be less than (twenty-five dollars) $25, Zodiac Psychics may hold such payment to advisor until the amount due is equal to or exceeds (twenty-five dollars) $25. Zodiac Psychics will send the Advisor payment via the postal service in checks or via other payment methods as will become available (e.g. PayPal and/or debit cards). The Advisor alone is responsible for reporting and paying any applicable tax or tariffs levied on them in connection with fees receivable or received due to Advisor’s participation in Zodiac Psychics.com.
Notwithstanding the foregoing, the Advisor authorizes Zodiac Psychics to withhold, in its discretion, payments to the Advisor of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or, if Zodiac Psychics reasonably believes that fraudulent activity may have occurred in connection with payment, until Zodiac Psychics is able to verify that no such activity has occurred.
Zodiac Psychics billing system is not error-free, and Zodiac Psychics shall not be liable for any problems, miscalculations or malfunctions in processing Advisor Fees or other payments due to the Advisor. If the Advisor thinks that a mistake has occurred, they must send their complaint to Zodiac Psychics service department within 30 days of discovery of such mistake. If for any reason the Member has not paid the Advisor Fee or has paid but has later charged back such payment, no Advisor Fees will be paid to the Advisor for that transaction and if the money has already been sent to the Advisor, the Advisor is required to repay this amount to Zodiac Psychics, and Zodiac Psychics has the right to deduct this amount from the the Advisor’s account or from the following payments to be made from Zodiac Psychics to the Advisor. For Advisors who simultaneously participate as Members, Zodiac Psychics shall be entitled to transfer or set-off payments from an Advisor’s pending earnings against such Advisor’s outstanding balance as a Member.
Zodiac Psychics Refund Policy
Zodiac Psychics reserves the right in its sole discretion to institute a chargeback policy as Zodiac Psychics deems appropriate. Zodiac Psychics reserves the right to hold your fees without notice for any transaction for which it believes in its sole discretion the Member or Member's bank may not fulfill their payment obligation. Zodiac Psychics reserves the right to hold funds for transactions it deems suspicious.
Username and Password
When you, the Advisor, create and open an account with Zodiac Psychics, you will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Zodiac Psychics of any unauthorized use of your password, username, e-mail or any other breach of security. Advisors are not permitted to use false identities or impersonate any other person or use a name that you are not legally authorized to use. Account sharing is not allowed and only the account owner can provide advice from the account. Zodiac Psychics encourages advisors to change their password at least once a month. Zodiac Psychics 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. You may be held liable for any losses incurred by Zodiac Psychics due to someone else’s use of your account or password.
The Advisor does not have to furnish the information required for registration in Zodiac Psychics.com. However, without that information, the Advisor will not be able to use Zodiac Psychics services. Zodiac Psychics is the sole owner of the information collected on this Site. Zodiac Psychics will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Zodiac Psychics may collect, process, and transfer any information, private or otherwise, so long as Zodiac Psychics does so for the purpose for which it was collected.
In order to use Zodiac Psychics.com, both Members and Advisors must first complete the application form and registration process. During registration, the Advisor is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Advisor about the services on Zodiac Psychics.com for which they have expressed interest, and is also used as the Advisor’s login information. The Advisor is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so Zodiac Psychics may provide a more personalized experience on the Platform. Based on account use, and other factors identified by Zodiac Psychics in its sole discretion, Zodiac Psychics may verify your identity and/or other background information in order for you to continue using the Site or Services or Platform. In such event, you agree to provide Zodiac Psychics with additional information that may be requested; you consent to Zodiac Psychics's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information; and you authorize Zodiac Psychics to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity. In such cases, the Advisor may decide whether they wish to provide such information or not.
The information furnished by the advisor during the registration process will be kept in Zodiac Psychics database. Zodiac Psychics will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Zodiac Psychics will therefore not be liable for any direct, indirect, consequential or incidental damage that the advisor may sustain due to unauthorized intrusion to the database. The Advisor consents to Zodiac Psychics collecting and processing the Advisor’s personal information for normal business use by Zodiac Psychics.
Advisor and Member Communication
Communications between Advisors and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Currently, chat communications between the Advisor and Zodiac Psychics servers are encrypted, but only if the advisor is using the most current version of Zodiac Psychics software. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
Zodiac Psychics may make a Public Board available to its Advisors and Members. The Public Board allows Members to post questions or service requests that can be viewed by all advisors. Requests may be posted anonymously. A Member can designate the length of time they wish to have their question remain "in view" on the public board. All postings, descriptions, etc. are public until a Member enters into a personal negotiation with an Advisor. All subsequent communications between the Member and Advisor, including both the negotiation phase and the actual relaying of service, are not available to other Zodiac Psychics Members and are confidential between the Advisor and Member. Transcripts of e-mail communications between Members and Advisors are stored on Zodiac Psychics servers for a certain amount of time and available for review by Advisors and, if a paid session, by Members. Transcripts of chat communications between Members and Advisors are stored on Zodiac Psychics servers for a certain amount of time and, if a paid session, available for review by advisors and Members. Zodiac Psychics clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
Zodiac Psychics Use of Data
Zodiac Psychics uses IP addresses to analyze trends, administer the site, track Advisor’s movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Advisor’s experience when using our site. Zodiac Psychics may also retain any e-mails, letters or other correspondence between the Advisor and Zodiac Psychics to ensure quality control and the best possible service, although it has no obligation to do so.
Zodiac Psychics may use the information furnished by the Advisor, as well as information that it collects regarding use patterns and transactions that are conducted through Zodiac Psychics.com, in order to improve Zodiac Psychics.com, to analyze statistical information regarding Zodiac Psychics.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Advisor personally.
Zodiac Psychics may, from time to time, send e-mail advertisements to Advisors, whether the material is its own or is commercial information furnished by third parties. The Advisor is given the opportunity to "opt-out" of having their information used for purposes not directly related to Zodiac Psychics.com at the point where Zodiac Psychics asks for such information. Zodiac Psychics registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Advisors can always choose to opt-out by following the appropriate mechanism from within the Advisor’s Zodiac Psychics account.
Zodiac Psychics may use the details of transactions executed through Zodiac Psychics.com for promotional and informational purposes and publish their details on Zodiac Psychics.com, provided that such publication will not identify the Advisor or Member in any means other than their Screen Name. If the Advisor elects to use Zodiac Psychics referral service for informing a friend about the Site, Zodiac Psychics asks the Advisor for the friend's name and e-mail address. Zodiac Psychics will automatically send the friend a one-time e-mail inviting them to visit the Site. Zodiac Psychics stores this information for the sole purpose of sending this e-mail. The friend may contact Zodiac Psychics to request the removal of this information from its database. Currently, Zodiac Psychics does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. Zodiac Psychics will use a credit card processing company to bill users for use of the Zodiac Psychics service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.
Zodiac Psychics reserves the right to partner with another party to provide specific services. When the Advisor signs up for these services, Zodiac Psychics will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
Zodiac Psychics may, in its discretion, create co-branded websites with its partners. In such case, the Advisor listings may appear in the co-branded site, but Zodiac Psychics will not transfer any personally identifiable information about the Advisor to the other website without receiving the Advisor’s prior consent. The co-branded sites are maintained on Zodiac Psychics servers. Unless the Advisor agrees otherwise all personally identifiable information is stored solely by Zodiac Psychics. Zodiac Psychics does record the partner website from which a visitor has linked to Zodiac Psychics. If a visitor registers to become a Member and/or an Advisor, Zodiac Psychics may track the partner's name, in order to further the relationships Zodiac Psychics has with its partners.
Processing of Personal Data of Customer by Advisor
All information disclosed to you as an Advisor by a Customer should be treated as personal information in terms of the European General Data Protection Regulation (EU) 2016/679 of 27 April 2016 27th, 2016 (“GDPR”) and, therefore, according to the GDPR be always processed in a strictly private and confidential manner. Such information must not be shared, posted, or disclosed to any individual (including other Advisors), company, entity, group, publication, forum, website, or any other place, whatsoever, if not permitted under the GDPR.
You acknowledge that you will maintain compliance with the rules of the GDPR. You moreover acknowledge that you are liable for compliance with the rules of the GDPR. This includes but is not limited to the rights to which Customers are entitled by Articles 12, 15 to -22 and 34 GDPR.
You are not to do anything that might infringe upon the Customer’s privacy rights, including but not limited to:
Failure to comply with the rules of GDPR my expose you to monetary fines or other penalties by government authorities within the EU, as well as termination of your Advisor contract.
The Full text of GDPR can be found here: GDPR
Zodiac Psychics makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Zodiac Psychics may include in Zodiac Psychics.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Advisor may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. The Advisor acknowledges and agrees that Zodiac Psychics is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. The Advisor is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications And Termination
Zodiac Psychics reserves the right to modify or discontinue, temporarily or permanently, the services in Zodiac Psychics.com, with or without notice to the Advisor. The Advisor agrees that Zodiac Psychics shall not be liable to the Advisor or any third party for any modification or discontinuance to Zodiac Psychics.com's services, or for any losses or damages that may result to the Advisor or their Members from such discontinuation or interruption of service.
Zodiac Psychics services depend upon different factors such as: software, hardware and communications networks of Zodiac Psychics, its contractors and suppliers. Hence, Zodiac Psychics cannot guarantee that Zodiac Psychics.com will not be interrupted, or that it will be timely, secure or error-free.
Zodiac Psychics, in its sole discretion and for any reason, may terminate the Advisor’s participation in Zodiac Psychics.com and refuse any and all current or future use by the Advisor of Zodiac Psychics.com.
Termination of Account by advisor
The Advisor may terminate their Agreement with Zodiac Psychics at any time by sending a signed notice to Zodiac Psychics via mail or fax. E-mail will not be accepted. Zodiac Psychics shall invalidate the Advisor’s username and password within thirty (30) days of receiving such notice. The Advisor may inactivate their own account for any desired period of time from within their Zodiac Psychics account. Notwithstanding termination, all obligations of the Advisor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Zodiac Psychics is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Zodiac Psychics.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
The Advisor may not operate robots or spiders to scan the Zodiac Psychics.com database. The Advisor may use "deep linking" only to their personal web page within Zodiac Psychics.com but not to any other part thereof. The Advisor may not view Zodiac Psychics.com with a graphic user interface different from the one designed by Zodiac Psychics.
Zodiac Psychics.com contains copyrighted material, trade secrets and proprietary information owned by Zodiac Psychics. This Agreement does not grant the Advisor 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 to Zodiac Psychics.com. The Advisor may not create derivative software based upon any trade secret, intellectual property or proprietary information of Zodiac Psychics. Furthermore, the Advisor may not sub-license, assign or transfer, sell or make any other commercial use of their membership in Zodiac Psychics.com.
The Advisor may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Zodiac Psychics and Zodiac Psychics.com, or take any other action which infringes or impairs Zodiac Psychics trademark rights.
Zodiac Psychics shall retain all ownership in and to Zodiac Psychics.com and all content displayed on the Zodiac Psychics.com website including, copies of data transferred or received by the Advisor on the site.
Zodiac Psychics respects the intellectual property of others, and we ask our users to do the same. Zodiac Psychics may, in appropriate circumstances and at its discretion, 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 Zodiac Psychics Copyright Agent with the following information:
Zodiac Psychics grants the Advisor a nonexclusive, revocable right to use the Site, provided that the Advisor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
The Advisor will indemnify, defend and hold harmless Zodiac Psychics, 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 Zodiac Psychics or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Advisor according to this Agreement; (b) Advisor’s provision of services to any third party, regardless of whether or not they are Members of the Zodiac Psychics service; or (c) any materials that the Advisor has posted to Zodiac Psychics.com and/or any content on the Advisor’s web site or otherwise provided to Members. The Advisor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Advisor, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
The Advisor shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Zodiac Psychics. Any purported transfer, assignment or delegation by the Advisor without the appropriate prior written approval will be null and void and of no force or effect.
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 New Zealand (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of New Zealand. Advisor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on 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 Zodiac Psychics and the Advisor with respect to the subject matter hereof, and the Advisor has not relied upon any promises or representations by Zodiac Psychics with respect to the subject matter except as set forth herein. The Advisors are prohibited from providing services to Members who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or New Zealand. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria and Sudan. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence.
No waiver, concession, extension, representation or any alteration or addition to this Agreement or pursuant hereto will be effective unless made expressly and 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.
The Advisor may report any violation of this Agreement to Zodiac Psychics service department.
Updated: December 4th, 2023