Psychics Terms Of Use

Last updated: August 30, 2024

Please read these Psychics Terms of Use ("Psychics Terms", "Psychics Terms of Use") carefully before registering, accessing, or using the https://www.iopsychics.com/ website [and any access to the same from social media including but not limited to Instagram (https://www.instagram.com/IOPsychics), X (f/k/a Twitter) (https://x.com/IOPsychics), TikTok (https://www.tiktok.com/@iopsychics), Facebook (https://www.facebook.com/IOPsychics), and YouTube (https://www.youtube.com/@IOPsychics)], including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively the “Website”), to provide services by and through the Website to Customers of the Company (“Customer(s)”) as a third-party psychic reading provider each operated by IO Psychics, LLC d/b/a IOPO (“Company”, "us", "we", or "our").

Your access to and use of the Website to provide services by and through the Company and the Website as a third-party psychic reading provider (“psychic(s), “you”, “your”, or “provider”) is conditioned on your acceptance of and compliance with these Psychics Terms.

YOU AGREE THAT WHILE THE COMPANY HAS ATTEMPTED TO BE HOLISITC IN THESE PSYCHICS TERMS, THAT THE COMPANY HAS THE EXCLUSIVE AND SUPERIOR RIGHT TO REGULATE YOUR USE OF THE WEBSITE IN ANY WAY AND AT ANY TIME, EVEN IF THESE PSYCHICS TERMS ARE SILENT OR AMBIGUOUS AS TO OUR SPECIFIC RIGHT TO DO SO. BY ACCESSING, USING, AND PARTICIPATING AS A PROVDER RELATIVE TO THE WEBSITE, YOU AGREE TO BE BOUND BY THESE PSYCHICS TERMS. IF YOU DISAGREE WITH ANY PART OF THE PSYCHICS TERMS, THEN YOU MAY NOT ACCESS THE WEBSITE AND MUST CEASE ANY SUCH USE IMMEDIATELY.

PRIVACY POLICY

We respect the privacy of users of our Website. Please refer to our Privacy Policy found here which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Website, you signify your agreement to the Privacy Policy.

ABOUT THE WEBSITE

The Website allows you to access provide services to our Customers as a psychic by and through the Website purely for entertainment purposes only. With respect to the terms of use of the Website by the Company’s Customers, please prefer to our Customer Terms of Use here . Nothing on the Website or otherwise provided by you via hyperlink or otherwise (e.g., a psychic reading) is to be construed by our Customers as professional advice or professional services (included but not limited to a psychologist, psychiatrist, doctor, other medical or psychological professional, attorney, accountant, financial advisor, etc.) but consists merely of individual opinions and statements provided by you to our Customers for entertainment purposes only. We are not responsible for any actions or inactions of any Customer that uses the Website and we assume no responsibility for errors or omissions in the content which you provide on the Website or to Customers, nor assume no duty to vet or monitor the content you provide on the Website for accuracy. If you believe that any Customer is or has violated our Customer Terms of Use, please report any suspected violations of the same to us by email to our Account Officer at reporting@iopsychics.com.

NATURE OF THE SERVICES PROVIDED ON THE WEBSITE

The Website is structured to allow you to coordinate and provide direct access to our Customers as a third-party service provider to provide psychic reading services and similar services remotely via online chat, telephone, voice chat, or video/voice chat purely for entertainment purposes only and to streamline your payment for the same via your dedicated provider account with us.

GOVERNING LAW; VENUE

The Website is governed by the laws of the State of Michigan and of the United States of America, expressly excluding the United Nations Convention on Contracts and the Convention for the International Sale of Goods (CISG) to the extent the same applies to the Website. If you are accessing the Service or providing services by and through the Service from outside the United States, we make no claim or representation that the Service is permitted, or lawful for use outside the United States. Any legal action between you and us shall take place in the state and federal courts of the State of Michigan, with the appropriateness of such courts depending on the parties involved and the relief sought. By accessing the Website, you irrevocably submit to the applicable law and venue set forth above, consent to personal jurisdiction in such courts, and forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our employees, independent contractors (including any of our third-party service providers), agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or in connection with: 1) your access to and use of the Service and interaction with any of customers or providing services to the same, by you or any person using your provider account; 2) any violation or breach of these Psychics Terms, the Customer Terms, the Privacy Policy, the Disclaimer, any other agreement between you and us that governs your use of the Service or the provision of services to our customers thereunder, or of any of your representations and warranties under the same; 3) a violation of any law or the rights of any third party under applicable law relative to the Service or your use or provision of services thereunder; or 4) any Provider Content, Third-Party Sites, or Third-Party Applications, Software or Content and any other content which you may have posted or uploaded on the Service which violates or breaches these Psychics Terms, the Customer Terms, the Privacy Policy, the Disclaimer, any other agreement between you and us that governs your use or provision of services to our customers under the Service.

REGISTRATION, ELIGIBILITY FOR PROVIDER ACCOUNT; INFORMATION PROVIDED FOR PROVIDER ACCOUNT; RULES FOR PROVIDER CONDUCT AND USE OF THE WEBSITE GENERALLY; STATUS AS A SERVICE PROVIDER WITH THE COMPANY; CANCELLATION OF PROVIDER ACCOUNT

You are entitled to register for a provider account with us if, and only if, you comply with all of the following: i) You are a resident of the United States of America; ii) you are at least eighteen (18) years old; iii) if you are registering under your provider account on behalf of a corporation, limited liability company, unincorporated business organization, or any other legal entity, you are duly authorized and empowered by the same to bind it to these Psychics Terms and act as its authorized agent for all purposes; iv) we have not previously suspended or terminated your provider account or access to the Website as either a provider or a Customer; and v) you do not use any virtual private network (VPN) software, products, or services or any similar service to anonymize, obfuscate, or otherwise misrepresent or circumvent any of the requirements to register for a provider account relative to the Website, or to otherwise violate these Psychics Terms.

If you sign up for a provider account relative to the Website, you will create a provider account, which includes a unique username and a password to access the Website and to receive messages and notifications of new content on the Website from us. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account. Subject to these Psychics Terms, you may cancel your account with the Website at any time.

You acknowledge and agree that, by signing up for a provider account and providing services to our Customers via the Website, you are not employed by us, nor are an employee, consultant, agent, or representative of the Company, but are solely an independent contractor of the Company authorized to provide services to Customers of the Company via the Website at your sole discretion subject to these Psychics Terms and the other documents referenced herein which you are subject to by virtue of the same. Nothing in these Psychics Terms, or resultant from the provision of services by you to our Customers, or otherwise, creates a relationship of employer and employee, a partnership, agency, joint venture, or any relationship between you and us of any kind other than as stated above. At no time shall you take any action or inaction in an attempt to represent that you have the authority to bind the Company. You have no authority to make any statement, representation, or commitment of any kind, to any Customer of the Company or to any third-party which would bind the Company, and no such action by you shall be binding on us.

By creating a provider account relative to the Website, it is your sole responsibility to maintain the confidentiality of such provider account, and to ensure that no one other than you accesses or utilizes such account. We will not be liable for any loss to you that may occur if a third-party accesses your provider account, whether with or without your consent. You further acknowledge and agree that you must notify us immediately of any unauthorized use of your provider account by any third-party by immediately emailing the Company at reporting@iopsychics.com with all available information regarding the same.

It is your responsibility to keep the email address for your provider account up to date to permit us to communicate with you relative to the same and any services which you may provide to our Customers relative to the Website. Superseding any statements to the contrary within these Psychics Terms, any electronic or email communication to you by the Company relative to the Website or your conduct thereon shall constitute written notice of the same, and you acknowledge and agree that the same shall remain effective even if your email address on record for your provider account is incorrect, inactive, or otherwise unable to receive such messages sent by the Company for any reason. We require that you keep your password for your provider account private at all times and suggest that you update the same on a regular basis.

In addition to the information discussed above, you will also be required to provide to us the following information when registering your provider account: 1) your full legal name; 2) your home address (or registered office as the case may be); 3) your telephone number; 4) your PayPal Account information in order to receive payment from us for services rendered to our Customers relative to the Website; 5) a professional picture of you for display on the Website relative to your provider account (which we reserve the sole right to accept or reject upon submission for any reason, and to specify what needs to be changed in any replacement submission); and 6) a short professional profile video of no longer than forty-five (45) second of you describing the types of services you intend to provide on the Website for display on the Website relative to your provider account (which we reserve the sole right to accept or reject upon submission for any reason, and to specify what needs to be changed in any replacement submission). By submitting such picture(s) and video(s), you consent that any and all such submitted pictures and videos shall become the property of the Company and may be used by the Company when and how it sees fit. How this information may be used by us and/or shared with our Customers or other third parties as described in more detail in our Privacy Policy here . We reserve the right upon receipt of the foregoing information to accept or reject your ability to register a provider account relative to the Website or to publish or transmit any such content relative to the same for any reason, or for no reason, at our sole discretion. Once your provider account relative to the Website is active, it is your sole responsibility to update this information any time it changes, and you acknowledge and agree that it is your responsibility to ensure all information on your provider account is accurate and in compliance with all applicable laws and regulations relative to the services you may provide via the Website. We may review and change, without notifying you, any typographical or spelling errors which may be present on your profile. We may also remove any information or content within your provider account at any time, with or without notice, and for any reason or no reason.

We may suspend, remove, or deactivate your provider account relative to the Website at any time for any reason at our sole discretion, including but not limited to, your noncompliance with these Psychics Terms, violation of applicable law, or our receipt of claims or allegations from third parties or authorities relating to alleged violations of the same.

SERVICES PROVIDED UNDER PROVIDER ACCOUNT

By creating a provider account and accepting any requests for services by our Customers relative to the Website, you agree to provide the services requested upon accepting orders placed by our Customers, for the length of time stipulated, and at the date/time the same has been requested. You will not be permitted to contact any Customer in any way other than those listed in the “NATURE OF THE SERVICES PROVIDED ON THE WEBSITE” section above. You further acknowledge and agree that all communications between you and any of our Customers, regardless of the method or mode of communication, will be made, initiated, or otherwise accounted for via the Website.

In the event that you use the services offered by another third-party service provider via the Website, you acknowledge and agree that you will also be considered a Customer and that your use of the services provided to you via the Website are subject to our Customer Terms of Use found here.

INSURANCE; PAYMENTS TO YOU

As a condition precedent to providing any services to our Customers via the Website, you must secure a Commercial General Liability Policy covering you relative to the services provided via the Website with coverage amounts that are no less than One Million Dollars per occurrence to cover all risks associated with the performance of service by you relative to the Website. You further agree to name the Company as an additional insured on such policy.

You acknowledge and agree that although the Company collects payment from its Customers prior to you providing services to the same via the Website, such payments are still at risk of being voided by our Customers or other third-parties (such as lending institutions). Thus, the payment arrangement between the Company and you is a “pay when paid” arrangement. All payments which are allocable to you as a result of provision of Services via the Website will be withdrawable by you at your discretion via your PayPal account associated with your provider account once payment has been received by the Company, has been internally processed, and linked to your provider account by us, which generally takes between three to seven business days from receipt of the same by the Company. You acknowledge and agree that we may change our third-party payment service provider at any time and that if we do so, you will be required to create an account with any new third-party payment service provider to continue to provide services via the Website under your provider account.

When you initiate a withdrawal via your provider account, the Company will generate an invoice relative to the same. We will make all reasonable efforts to process payments received from our Customers in an expeditious manner, but you acknowledge and agree that there are circumstances that may arise which may delay the processing of the same. You further acknowledge and agree that we may withhold any amounts paid by our Customers at any time if we suspect any payment has been charged back, disputed, or was fraudulent, that the result of any such determination shall be at the sole discretion of the Company, and that if the finality of such determination results in no payment being made to the Company or the Customer being issued a refund, you will not be paid any amounts allocable thereto.

If you believe an error has occurred with respect to a payment made (or not made) to you, then you must report the same immediately by emailing the Company at reporting@iopsychics.com with all available information regarding the same. You acknowledge and agree that any dispute made by you of a payment which originates more than sixty (60) days from the date of such payment or non-payment shall be null and void and you automatically forfeit any right to challenge the same.

FEES CHARGED BY YOU; COMMISSION RECEIVED BY US

The billing and payment structure applicable to you and our Customers is on the basis of the following: 1) a per-minute fee paid by the Customer; 2) a commission relative to the same as described below which is deducted and retained by us; 3) any and all taxes, tariffs, or other fees associated with such Customer payment deducted by us or otherwise deducted by our third-party payment service provider; and 4) the remainder, to be paid to you in the manner provided for in these Psychics Terms.

Our Customers are required to prepay for the services provided by you via the Website in full-minute increments only, and the payment for such services are non-refundable and cannot be withdrawn once paid. We expressly reserve the right to change the fee structure set forth herein at any time, including, but not limited to, the Commission and by updating these Psychics Terms.

Customers are also able to accrue and utilize Rewards Points (as defined in the Customer Terms) to pay for services provided by you via the Website. Use of Rewards Points by a Customer does not change how you are paid by us under these Psychics Terms, and such Rewards Points shall be treated the same as any other Customer prepaid funds for purposes of billing and payment as described hereunder including but not limited to fees charged, amounts paid to you, and commission received by us.

USE AND CONDUCT RESTRICTIONS

Your permission to use the Website is also conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not, under any circumstances:

1. State, gesture, post, or share any information with any Customer relative to the Website that is abusive, threatening, obscene, defamatory, libelous, pornographic, or racially, sexually, religiously, politically, or otherwise objectionable or offensive. If you experience any of the same from a Customer, you must end the mode of service via the Website immediately and report the same to us at reporting@iopsychics.com;
2. State, gesture, post, or share any information with any Customer relative to the Website that is sexual, indecent, or explicit in nature, or (with respect to video) involves indecent exposure. If you experience any of the same from a Customer, you must end the mode of service via the Website immediately and report the same to us at reporting@iopsychics.com;
3. State, gesture, post, or share any information with any Customer relative to the Website that is related to evil spirits or souls, black magic, spell-casting, curses, voodoo, predictions of death, accidents, disasters, medical conditions, legal matters, or other similar topic which is directed towards harming another person or entity, the likelihood or prognosis of a medical condition, or the outcome of a legal matter regardless of fiction involved. If you experience any of the same from a Customer, you must end the mode of service via the Website immediately and report the same to us at reporting@iopsychics.com;
4. State, post, or share any information with any Customer relative to the Website any communication or solicitation designed or intended to obtain personal information of a Customer;
5. State, post, or share any information with any Customer relative to the Website any spam messages, fake news or fake content, or refer to any site where such content is contained;
6. State, post, or share any information with any Customer relative to the Website a link to malicious content intended to damage or disrupt another user’s browser or computer;
7. Use the Website for any unlawful purpose or for the promotion of illegal activities;
8. Use the Website for any other purpose than stated in these Psychics Terms;
9. Use the Website for any purpose other than to provide services to our Customers for purely entertainment use;
10. Attempt to, or harass, abuse or harm another person or group, including but not limited to any Customer you may interact with relative to the Website;
11. Use another provider’s or user’s account to access the Website;
12. Provide false or inaccurate information to the Company when registering a provider account for the Website;
13. Interfere or attempt to interfere with the proper functioning of the Website;
14. Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
15. Bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data, or take any similar actions relative to the Website which harms or has a tendency to harm the Website, the Company, any third-party service provider providing services relative to the Website, or any other person accessing or using the Website;
16. Take any other action relative to your use of the Website which is violative of local, regional, of your country of domicile, or of the United States of America;
17. Promote or attempt to promote your own business or any business or business interests other than the Website;
18. Attempt to, or direct or cause any Customer to cease using the Website or use another similar service provided by any third-party;
19. Attempt to, or charge an additional rate or fee for your services provided through the Website;
20. Attempt to or direct a Customer to leave you a five star review or otherwise direct Customer to leave a review on your provider account. Subject to the other terms herein, it is a Customer’s sole choice whether to leave a review or not and what rating they elect to give you relative to your provider account;
21. Utilize artificial intelligence or any other video or audio technology (e.g., voice modulators, sound boards, etc.) in providing services via the Website. Your provision of services via the Website should be limited to your own voice and/or image without modification; or
22. Continue to provide services to a Customer after learning or suspecting that they are under the age of eighteen (18). Although the Company makes its best efforts to ensure that no one is able to access the Website that is under the age of eighteen (18), an individual may fraudulently access the Website by misrepresenting the same in registering their account. If a Customer makes statements that they are under the age of eighteen (18) or you suspect the same to be true, you must end the mode of service via the Website immediately and report the same to us.

Any use of the Website in violation of the foregoing violates these Psychics Terms and may result in the termination or suspension of your access to the Website. Such violation may also result in our pursuit of damages and other legal remedies from you to the fullest extent permitted by law.

POSTING AND CONDUCT RESTRICTIONS

When you create your provider account, you may be able to provide commentary relative to our Customers’ experiences while utilizing the Website (collectively “Provider Content”). You are solely responsible for the Provider Content that you post, upload, link to or otherwise make available to third-parties via the Website. You agree that we are only acting as a passive conduit for your online distribution and publication of your Provider Content; however, we reserve the right to remove any Provider Content from the Website at our sole discretion, at any time, and for any reason (or no reason).

The following rules pertain to Provider Content. By transmitting and submitting any Provider Content while using the Website, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed into or while using your account;
• You will not post information that is malicious, false or inaccurate;
• You will not post any information that is abusive, threatening, obscene, defamatory, libelous, pornographic, or racially, sexually, religiously, politically, or otherwise objectionable or offensive;
• You will not post any communication or solicitation designed or intended to obtain another user’s account information or password;
• You will not post a link to malicious content intended to damage or disrupt another browser or computer;
• You will not employ spam messages or post any fake news or fake content, or refer to any site where such content is contained;
• You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
• You hereby affirm that we have the right to: a) determine whether any of your Provider Content submissions are appropriate; b) determine whether any of your Provider Content comply with these Psychics Terms of Use; c) remove any and/or all of your submissions; and d) terminate your account on the Website, with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any Provider Content that you make available or access through your use of the Website is solely your responsibility. We are not responsible for any public display or misuse of your Provider Content. We do not, and cannot, pre-screen or monitor all Provider Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website. You will indemnify and hold harmless us for any and all claims levied against us related to any Provider Content.

Any Provider Content posted by you which violates the foregoing shall be considered a violation of these Psychics Terms and may result in the termination or suspension of your access to the Website and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

As part of the Website, our Customers will be able to leave reviews of the services you have provided to them. Any genuine review by our Customers will not be removed by us for any reason other than if it violates our Posting and Conduct Restrictions in these Psychics Terms or the Customer Terms of Use. You shall not place, or cause to be placed, any illegitimate reviews relative to your provider account or to any other provider account of any third-party. If you believe that you have received a false or fictitious review, please report the same by immediately emailing the Company at reporting@iopsychics.com with all available information regarding the same for our review. The veracity of any review is, at all times, at the sole discretion of the Company and we reserve the right to remove a review at any time and for any reason or no reason.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Website, we may provide you with convenient links to third-party website(s), including, but not limited to, those relative to our third-party service providers (“Third-Party Sites”) as well as content or items belonging to or originating from third-parties, including but not limited to those relative to our third-party service providers (the “Third Party Applications, Software or Content”). We have no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Website or any Third-Party Applications, Software or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern such access. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the Website.

LICENSE GRANT

By posting any Provider Content via the Website, you expressly grant (and you represent and warrant that you have a right to grant) to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Provider Content and your name, voice, and/or likeness as contained in your Provider Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website. You will indemnify and hold us harmless for any and all claims levied against us related to any Provider Content, including claims for infringement.

Subject to these Psychics Terms and your compliance with the same, we grant you a non-sub-licensable, non-transferable, limited, revocable, non-exclusive, personal, license to provide content and/or services relative to the Website solely for entertainment purposes, including but not limited to, and not for any purpose specifically prohibited under these Psychics Terms. These are your only rights relative to any content you may provide relative to the Website and you have no right to utilize the same in any other manner whatsoever other than by and through the Website.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

1. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that you do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users of the Website and psychics who infringe upon the intellectual property rights of others. We may terminate access for psychics or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
2. DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at 810 E Grand River Avenue, Brighton, MI 48116:
   1. The date of your notification;
   2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
   5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
   6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Counter-Notices. If you believe that your Provider Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Provider Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
   1. Your physical or electronic signature;
   2. A description of the Provider Content that has been removed and the location at which the Provider Content appeared before it was removed;
   3. A statement that you have a good faith belief that the Provider Content was removed as a result of a mistake or misidentification of the content; and
   4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Michigan and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, psychic, or user, the removed Provider Content may be (at our discretion) reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

All content located on the Website, including, but not limited to, images, text, and video clips, are our intellectual property (or the intellectual property of one of our third-party service providers, as the case may be), which is protected by United States Copyright law, international copyright laws, and other copyright laws which may apply to your access to content on the Website. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights, and that your sole right to the Website consists of the limited right to access and use of the Website. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Psychics Terms.

You further agree not to reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or otherwise transmit any of the content located on the Website without our written express permission to do the same. Engaging in any of the foregoing violates these Terms and may result in the termination or suspension of your access to the Website and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Website’s e-mail and messaging system will not constitute legal notice to us or any of the Company’s officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.

CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that the Psychics Terms of Use, and any and all other agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about us and special offers. You may opt out of such emails by changing your account settings on the Website or sending an email to our Account Officer at cancel@iopsychics.com.

You acknowledge that opting out of the foregoing will prevent you from receiving messages regarding us and the Website and that the same is a requirement of continuing to utilize and operate under your provider account relative to the same.

WARRANTY DISCLAIMER

IN PROVIDING SERVICES TO OUR CUSTOMERS VIA THE WEBSITE, SERVICES PROVIDED BY YOU ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT YOUR ABILITY TO PROVIDE SERVICES RELATIVE TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR PROVISIONS OF SERVICES VIA THE WEBSITE AND/OR YOUR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE TO ACCOMPLISH THE SAME. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF OUR OR YOUR PROVIDER CONTENT; (B) YOUR ABILITY OR INABILITY TO ACCESS OR UTILIZE THE WEBSITE TO PROVIDE SERVICES TO OUR CUSTOMERS; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE TO YOU OR OUR CUSTOMERS; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OF OUR CUSTOMERS RELATIVE TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with any of our Customers which you have provided services to or otherwise interacted with via the Website, any Third-Party Sites, or any Third-Party Applications, or any Software or Content you access as a result of using the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and/or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which states: “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.”

MODIFICATION OF PSYCHICS TERMS OF USE

We can amend these Psychics Terms at any time and will update these Psychics Terms of Use in the event of any such amendments. These Psychics Terms were last revised on the date stated at the top right of these Psychics Terms. It is your sole responsibility to check the Website from time to time to view any such changes in these Psychics Terms. If you continue to use the Website, you signify your agreement to our revisions to these Psychics Terms. Despite the foregoing, we will endeavor to notify you of material changes to the Psychics Terms by sending an email to the email address you provided to us on your provider account with the Website. For this additional reason, you should keep your contact and profile information current on your provider account for the Website. No purported waiver or modification of these Psychics Terms by the Company via telephonic, email, or SMS/text message communications shall be valid.

GENERAL TERMS

The entire agreement for use of the Website between us and you are contained in these Psychics Terms, the Customer Terms, the Privacy Policy, and the Disclaimer, each of which are maintained by us in current form via hyperlinks on the Website. If any part of these Psychics Terms is held invalid or unenforceable, that portion of the Psychics Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of these Psychics Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Psychics Terms will survive any termination of the same with respect to you.

You agree that any claim or cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Psychics Terms of Use and your use of the Website are governed by the federal laws of the United States of America and the laws of the State of Michigan, without regard to conflict of law provisions.

We may assign or delegate these Psychics Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Psychics Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE PSYCHICS TERMS OF USE, UNDERSTAND THE PSYCHICS TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE PSYCHICS TERMS OF USE, TOGETHER WITH THE CUSTOMER TERMS, PRIVACY POLICY , AND THE DISCLAIMER REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.