Terms & Conditions
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://qpsychics.com/terms-privacy/
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that QPsychics does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the QPsychics site and Content available through the Service may contain links to other websites, which are completely independent of QPsychics.com.
QPsychics makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking and clicking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will QPsychics be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that QPsychics does not pre-screen or approve Content, but that QPsychics shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The QPsychics site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of QPsychics, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that QPsychics shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that QPsychics is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release QPsychics, its owner, staff, officers, employees, volunteers,agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify QPsychics’ agent for notice of claims of copyright or other intellectual property infringement (“Agent”), through our contact form at http://qpsychics.com/contact/
4781 Apt Boulevard
North Charleston, SC 29418-3607
Please provide our Agent with the following Notice:
- Identify the material on the QPsychics site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the copyright owner, its agent, or the law does not authorize the disputed use;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
QPsychics will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates any current laws by stating, in any notice or ad for the sale or rental of any property or service, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- that impersonates any person or entity, including, but not limited to, a QPsychics employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation if: posted in areas of the QPsychics sites which are not designated for such purposes; or emailed to QPsychics users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as allowed in “services”;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by United States law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: http://qpsychics.com/terms-privacy/#prohibited
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by QPsychics;
- post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
- attempt to gain unauthorized access to QPsychics’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the QPsychics website; or
- use any form of automated device or computer program that enables the submission of postings on QPsychics without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on QPsychics’ resources, you may not use a Posting Agent to post Content to the Service without express permission or license from QPsychics. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from QPsychics.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to QPsychics email addresses or through QPsychics computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in the United Kingdom. Any unauthorized use of QPsychics computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Misuse Act of 1990. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS / ADS
We may charge a fee to post Content in some areas of the Service. The fee is an access or advertising fee permitting Content to be posted in a designated area or ad space. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that QPsychics may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that QPsychics has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that QPsychics reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that QPsychics shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
QPsychics grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by QPsychics. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
QPsychics permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by QPsychics to do so. You may also create a hyperlink to the home page of QPsychics sites so long as the link does not portray QPsychics, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.
QPsychics offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. QPsychics permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘QPsychics’ as the source, (d) your use or display does not suggest that QPsychics promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden QPsychics’ systems. QPsychics reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by QPsychics immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from QPsychics.com.
13. TERMINATION OF SERVICE
You agree that QPsychics, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if QPsychics believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that QPsychics shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of QPsychics. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of QPsychics, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. QPSYCHICS.COM is a registered mark in the U.S. Patent and Trademark Office.
Although QPsychics does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to QPsychics an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant QPsychics all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Creative Common Liscence for User Published Content
For those wishing to republish Member Articles from the Service external to the Service let it be noted that user published content is licensed under a Creative Commons License. You are allowed to Share — to copy, distribute and transmit the work under the following conditions:
- Attribution. You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
- No Derivative Works. You may not alter, transform, or build upon this work unless otherwise allowed by the authors.
- For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
- Any of the above conditions can be waived if you get permission from the copyright holder.
- Nothing in this license impairs or restricts the author’s moral rights.
- Users that publish content on the Service are encouraged to mention that their content is under a Creative Commons License within their published content either at the beginning or the end of their publication.
15. DISCLAIMER OF WARRANTIES
You agree that use of the QPsychics site and the service is entirely at your own risk. The QPsychics site and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, QPsychics disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the QPsychics site and the service. To the fullest extent permitted by law, QPsychics disclaims any warranties for other services or goods received through or advertised on the QPsychics site or the sites or service, or accessed through any links on the QPsychics site. To the fullest extent permitted by law, QPsychics disclaims any warranties for viruses or other harmful components in connection with the QPsychics site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
Under no circumstances shall QPsychics be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if QPsychics has been advised of the possibility of such damages), resulting from any aspect of your use of the QPsychics site or the service, whether the damages arise from use or misuse of the QPsychics site or the service, from inability to use the QPsychics site or the service, or the interruption, suspension, modification, alteration, or termination of the QPsychics site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the QPsychics site or the service or any links on the QPsychics site, as well as by reason of any information or advice received through or advertised in connection with the QPsychics site or the service or any links on the QPsychics site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold QPsychics, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU constitute the entire agreement between you and QPsychics and govern your use of the Service, superseding any prior agreements between you and QPsychics. The TOU and the relationship between you and QPsychics shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. You and QPsychics agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Charleston, South Carolina. The failure of QPsychics to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or through our contact form at http://qpsychics.com/contact/
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for QPsychics to pursue legal action to enforce the TOU, you will be liable to pay QPsychics the following amounts as liquidated damages, which you accept as reasonable estimates of QPsychics’ damages for the specified breaches of the TOU:
- If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay QPsychics one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
- If QPsychics establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay QPsychics one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access QPsychics in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to QPsychics email addresses or through QPsychics computer systems, you agree to pay QPsychics twenty-five dollars ($25) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay QPsychics one hundred dollars ($100) for each Item of Content posted. In its sole discretion, QPsychics may elect to issue a warning before assessing damages.
- If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay QPsychics one hundred dollars ($100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay QPsychics an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without QPsychics’ express written permission, you agree to pay QPsychics three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay QPsychics’ actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, QPsychics retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
We welcome your questions and comments on this document through our contact form at http://qpsychics.com/contact/
QPsychics.com uses Google Analytics tracking code to support Display Advertising. This implemented feature includes (e.g., Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, or Google Analytics Demographics and Interest Reporting). Using the Ads Settings, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
Prohibited items include the sale of physical or digital goods or services. Sales and services are not to be conducted through QP unless authorized. Ads are not allowed on QP community forums.
To request authorization to conduct a service through QP, such as psychic readings, please contact us through our contact form at http://qpsychics.com/contact.hml. You do not have to request authorization if you link to an external website in which you offer your services. Only those who wish to use QP’s forum emailing system or chat to provide services MUST have prior authorization by QP.
QP (collectively “QPsychics.com” in this document) refer to sites hosted on QPsychics.com and other related domains and subdomains thereof.
Like most website operators, QP collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. QP ‘s purpose in collecting non-personally identifying information is to better understand how QP ’s visitors use its website. From time to time, QP may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. QP also collects potentially personally-identifying information like Internet Protocol (IP) addresses. QP does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to QP choose to interact with QP in ways that require QP to gather personally-identifying information. The amount and type of information that QP gathers depends on the nature of the interaction. For example, we ask visitors who use our forums to provide a username and email address. In each case, QP collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with QP . QP does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
QP may collect statistics about the behavior of visitors to its websites. For instance, QP may reveal how many downloads a particular product got, or say which products are most popular
. However, QP does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
QP discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on QP ’s behalf or to provide services available at QP , and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using QP, you consent to the transfer of such information to them. QP will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, QP discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when QP believes in good faith that disclosure is reasonably necessary to protect the property or rights of WordPress.org, third parties, or the public at large. If you are a registered user of a QP website and have supplied your email address, WordPress.org may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with WordPress.org and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. WordPress.org takes all measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.