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Effective July 9, 2018; Last Updated: October 30, 2020
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and Zappallas will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
You must create an account and provide certain information, such as your name and email about yourself in order to use some of the features that are offered through the Platforms. Optional services, such as receiving text messages ("SMS messages") may require additional information, such your mobile device number. You must be at least 16 to create an account. You are responsible for maintaining the confidentiality of your account password, and we are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close or suspend access to your account at any time for any or no reason. Your account is for your personal use only.
All content included on the Platforms, such as personalized horoscope, astrology, tarot or numerology reports, and other text, graphics, designs, logos, icons, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of Zappallas or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws. Trademarks, service marks and logos that we use are trademarks of Zappallas. Third-party trademarks that appear on the Platforms are the property of their respective owners. Your use of any of the trademarks displayed on the Platforms without our (or their owner's) express written permission is strictly prohibited.
i. Use any data mining, robots or similar data gathering and extraction methods to collect, "scrape," or download information from the Platforms or from users of the Platforms;
ii. Copy, distribute, or otherwise use the Materials or other data or information from the Platform for commercial purposes, including commercial publication, sale or personal gain;
iii. Mirror any Materials contained on the Platforms or any Zappallas server or use framing techniques to enclose the Platforms or any part thereof;
iv. Circumvent any of the technical limitations of the Platforms, or decompile, disassemble or otherwise reverse engineer the Platforms;
v. Perform or attempt to perform any actions that would interfere with the proper working of the Platforms, prevent access to or use of the Platforms by our other users, or impose an unreasonable burden on our Platforms' infrastructure;
vi. Change or remove any copyright, trademark, or other proprietary notices from the Materials or Platforms;
vii. Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
viii. Use any metatags or any other hidden text incorporating Zappallas' name or trademarks in any online site or posting;
ix. Solicit, trace or otherwise collect any information from users or visitors of the Platforms;
x. Use the Platforms for commercial activities such as contests or advertising;
xi. Use the Platforms for any fraudulent or illegal purposes; or
xii. Post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.
Your feedback and participation in the Platforms is important to us. With respect to any content you submit to Zappallas or post via the Platforms (including through social media channels), such as your interactions with Zappallas including comments, feedback, testimonials, pictures, videos and other content ("User Content"), you grant to Zappallas a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and promise that User Content is not confidential. By posting or distributing User Content, you understand that it may be freely copied and distributed by others without additional permission, in accordance with our Privacy Statement.
Zappallas respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Platforms in a way that constitutes copyright infringement, then please contact us and provide the following information:
i. A description of the copyrighted work that you believe has been infringed;
ii. A description of what the allegedly infringing work is;
iii. A description of the location where the allegedly infringing work is located on the Platforms;
iv. An address and telephone number where you can be contacted, including an email address if possible;
v. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
vi. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
vii. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your User Content, (iii) restrict your use of all or any part of the Platforms, and (iv) modify or discontinue the Platforms (or any part of the Platforms), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Platforms by using any technology available, such as blacklisting certain IP addresses or device numbers.
Karma Coins® ("Coins") are the currency used on the Service to purchase certain products, including tarot readings, astrology reports, numerology reports and I ching readings ("Reports"). Coins are either purchased in packages or granted to users for free upon registration, or as a bonus gift at Zappallas' sole discretion. All Coins are saved in a user’s account. If a user elects to purchase a Report, Coins are automatically debited from the user's account.
By submitting an order to purchase Coins through the Service, you authorize Zappallas or its designated payment processor to charge the credit card account you provide for the payment, for the amount specified at checkout. All payments must be made using a credit card or other approved payment method. Payment values are in US dollars. You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and Zappallas reserves the right to collect such taxes or other fees from you at any time. If a credit card reaches its expiration date, your continued use of the Service constitutes your authorization for Zappallas to continue billing your credit card and you remain responsible for any uncollected amounts. Zappallas reserves the right to terminate your account for any reason, including credit card processing issues.
Unless otherwise explicitly stated, purchases of Coins are not refundable, whether or not Coins are used. Coins are not transferable. Unused Coins may be subject to applicable U.S. state escheat law. If you terminate your account, the Coins remaining in your account will no longer be redeemable.
If you are a user located in the UK or EU, you may cancel a purchase of Coins at any time within a 14 day "cooling-off" period starting the day after the date of purchase of any Coins. To cancel a purchase of Coins, you must email us and provide your name, address, and any order reference number, with the subject line "Coin refund request". If you cancel a purchase within the cooling-off period, of the value of any unused Coins will be refunded. Refunds will be processed as soon as commercially reasonable and, in any case, within 30 days of receipt of your cancellation request. Refunds will be made by the same method originally used to pay for the purchase, unless agreed otherwise. Where you pay for Reports sent through the Platforms using Coins, such digital content is provided immediately, and you acknowledge and agree that this is the case and, therefore, that you have no right to change your mind and cancel such purchase pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once such purchase has been made.
ALL READINGS AND REPORTS ARE FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS MEDICAL, LEGAL OR FINANCIAL ADVICE ON ANY SUBJECT MATTER. THE PLATFORMS MAY CONSIST OF THE FOLLOWING, WITHOUT LIMITATION: ASTROLOGICAL CONTENT, REPORTS, TAROT READINGS, FORTUNES, NUMEROLOGY, EMAIL CONSULTATIONS AND LIVE TELEPHONE CONSULTATIONS. THE PLATFORMS ACT SOLELY AS AN INTERFACE TO FACILITATE COMMUNICATIONS INITIATED BETWEEN MEMBERS AND AS A THIRD-PARTY PAYMENT NETWORK. THE ADVISORS ARE ALSO MEMBERS OF THE PLATFORMS AND NOT EMPLOYEES OF ZAPPALLAS. ZAPPALLAS DOES NOT VERIFY THE DEGREES, QUALIFICATIONS, CREDENTIALS OR BACKGROUND OF THE ADVISORS. ZAPPALLAS DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE ADVISORS OR BY DAILY INSIGHT, NOR DOES IT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY, THE ADVISORS.
THE PLATFORMS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE PLATFORMS AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE PLATFORMS, ANY MATERIALS OR USER CONTENT ON THE PLATFORMS, OR ANY PRODUCTS OR PLATFORMS PURCHASED OR MADE AVAILABLE ON THE PLATFORMS, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. ZAPPALLAS DOES NOT WARRANT THAT THE PLATFORMS WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. ZAPPALLAS ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE PLATFORMS. ZAPPALLAS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE PLATFORMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPPALLAS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PLATFORMS PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, INCLUDING THOSE ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE PLATFORMS OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE PLATFORMS; (ii) THE PLATFORMS OR THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE PLATFORMS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL DATA; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE PLATFORMS OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORMS. IN NO EVENT WILL ZAPPALLAS' LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO ZAPPALLAS FOR PRODUCT OR SERVICES PURCHASED THROUGH THE PLATFORMS IN THE THREE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM UPON WHICH LIABILITY IS BASED. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
By using the Platforms, you agree to receive certain electronic communications from us, whether through the Platforms, by email. You may unsubscribe from email marketing at any time by clicking the appropriate link in the communication or by logging into your account profile and making changes in your account settings. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Zappallas may be recorded.
The Platforms may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Services”). We do not endorse, monitor or have any control over these Third Party Services, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Services and you access such Third Party Services at your own risk. We expressly disclaim any liability for these Third Party Services.
Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that Zappallas and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the panel will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.
You and Zappallas each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.
c. Disputes.This Agreement shall be governed by the laws of the State of Oregon, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Clackamas County, Oregon, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
d. Limitations on Claims.Any cause of action or claim you may have with respect to Zappallas or the Platforms (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred.
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