Psychic Advisor Rules
This User Services Rules Policy forms part of the User Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the User Agreement and related policies.
1. In addition to the terms and conditions of the User Agreement, you agree to comply with the following requirements in this Policy relating to creating listings and providing Services. Without limiting any other remedies Touch Of Magick LLC may have, Touch Of Magick LLC may immediately terminate your User Agreement without notice if Touch Of Magick LLC determines in its sole discretion that you have violated any of the following policies.
a. You will not provide any Services which require professional licensure, such as a physician, other health practitioner, attorney, accountant or financial planner, through the Site.
b. You will conduct all for-fee communications that you have with other Users only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.
c. You will not diagnose illnesses, provide treatments, prescribe medications or otherwise act as a medical care provider through the Site.
d. You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities, or otherwise provide financial planning advice or related services.
e. You will not offer advice or provide any product or services related to or claiming success with lottery numbers, multi-level marketing proposals (for example, offering to help Users “get rich quickly”, “lose weight now”, or “make money surfing the web”).
f. Where applicable, you will adhere to the requirements of record keeping laws such as 18 U.S.C. section 2257 and the code of regulations applicable thereto including, but not limited to stating where records required under those laws and regulations are located or maintained with respect to your User listing or providing information so that such record locations may be readily ascertained.
g. You will only provide Services through the Site to Authorized Users. You will not provide Services to more than one User on any given Mail exchange or Conversation (defined to include any Chat or Phone Services). You agree not to take or answer Mail or Conversation (and agree to terminate such Mail or Conversation and report the incident to Touch Of Magick LLC by filling out a Support Form and selecting “Play Fair: Touch Of Magick LLC Standards & Policies” from the drop down menu) if you know or have reason to believe that (i) the individual on the call is not an authorized User or (ii) there is more than one User on the call receiving the Services.
h. Entry to the Site requires you to be at least 18 years of age or older.
i. The Site offers a variety of categories. You will use the appropriate category in which to create your listing.
j. You will not “share” listings except as follows. If you are listed in a User listing, only you may answer Mail or Conversations addressed to that listing.
k. You will not use any banner advertisements or “pop up” windows or create or include links to sites which involve e-commerce, marketing, solicitation or sale of any items of any kind, whether related to or outside the scope of your User listing, nor transmit “junk mail,” “spam,” “chain letters” or unsolicited mass distribution of email or bulletin board postings or transmit any solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information.
l. You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
m. You will not create or use separate listings for purposes of redirecting User from listings contained in Groups or otherwise circumventing revenue sharing under Group agreements or other agreements with third parties.
n. You will not create frivolous listings, repetitive listings placed across multiple categories or listings that are irrelevant to the categories under which they are created.
o. You may not create more than one (1) Live Advice listing per topic. For Recorded Advice calls, you may not create more than twenty (20) listings in total on the Site
p. You will not take any actions that may undermine the User referral system.
q. You will not leave positive feedback for yourself or other Users, using secondary User names or third parties.
r. You will not offer anything of value, including but not limited to, free services, in exchange for User feedback, or otherwise compensate Users in exchange for User feedback.
s. You will not solicit donations or contributions of any kind from Users through the Site, nor imply or suggest any of value will be provided in exchange for a donation or contribution.
t. You will not record or otherwise store any calls (in whole or in part) that you conduct with a User. Notwithstanding the foregoing, Users may provide pre-recorded voice Services (each, a “Recorded Listing” as described further on the Help page of the Site) to Users in accordance with this User Services Rules Policy.
u. Touch Of Magick LLC (or its licensors) owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to, Touch Of Magick LLC and Speak to Your Desire (collectively, “Trademarks”). Users may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of Touch Of Magick LLC. Users may request permission to use Trademarks by e-mailing trademark@Touch Of Magick LLC.com. Notwithstanding the foregoing, nothing in this User Services Rules Policy or related agreements shall be construed as granting User any rights in or license to use Trademarks.
v. Touch Of Magick LLC does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information and other products or Services provided by Users, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any User or group of Users by Touch Of Magick LLC. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by Touch Of Magick LLC of you, your listings or your Services. Touch Of Magick LLC reserves the right to warn, suspend or terminate at any time and without notice a User account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.
w. When your status is set to “available,” you will make reasonable efforts to respond to other Users; provided, however, that nothing in this User Agreement requires a User to be available at any time or for any minimum amount of time, and such availability shall be solely in the User’s discretion to determine. Touch Of Magick LLC may, however, in its sole discretion, suspend or terminate a User that fails to comply with this rule.
x. Users must provide true, accurate and complete payment registration information and maintain it as current at all times. Users must immediately update the personal contact information that you provide to Touch Of Magick LLC, as applicable. Users are not permitted to use false identities or impersonate any other person or use a name that you are not authorized to use.
2. You agree to hold Touch Of Magick LLC harmless regarding your use of the Site.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY Touch Of Magick LLC, AND ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. In each case, Touch Of Magick LLC will provide you with written notice of such claim, suit or action. Touch Of Magick LLC shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
This Payment Policy forms part of the User Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the User Agreement and related policies.
1. Touch Of Magick LLC’s responsibilities for Services you provide are subject to restrictions and limitations. The User who receives Services from another User through the Site is solely responsible for payment of any and all fees for the Transaction. Touch Of Magick LLC shall not be obligated to pay any User fees that have not been fully paid by the User or User’s credit card issuer, bank, or other payment method. You (a) appoint Touch Of Magick LLC as your limited agent where applicable to receive payments on your behalf for Services you provide and (b) agree that receipt by Touch Of Magick LLC of any such payment constitutes receipt by you and satisfies the User’s obligation to make such payment to you. The Transaction fees less Touch Of Magick LLC’s platform fee and commissions set forth below, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by Touch Of Magick LLC shall be paid to the User that provided the Services.
2. Psychics are paid via the terms in the advisor contract that you signed when joining the team.
Touch Of Magick LLC may, at its option, invite you to participate as a User in special offerings that may include custom branding, promotional pricing, qualifications verification and/or targeted promotion. You do not have any obligation to accept such invitations; however, if you do accept such an invitation, you agree to be bound by the terms set forth in the invitation in addition to the terms and conditions of the User Agreement and the policies incorporated therein.
2. User Fee Remittance.
You may register to receive fees by direct deposit via ACH if you have a registered U.S. bank account that is eligible for ACH transfers and otherwise meets the direct deposit requirements set forth under the Request Direct Deposit section of your account. If you are enrolled in direct deposit and are eligible to receive funds monthly by ACH or PayPal
You are solely responsible for (i) all hardware, software and other costs incurred in using the Site, and (ii) determining, collecting, reporting and paying any applicable state and federal sales, income or other taxes. Touch Of Magick LLC may withhold taxes from amounts received by Users as required by law and reserves the right in its sole discretion to suspend or close a User account until accurate tax information, including, but not limited to, a Taxpayer Identification Number (TIN), is collected.
Touch Of Magick LLC reserves the right in its sole discretion to institute a chargeback policy as Touch Of Magick LLC deems appropriate. Touch Of Magick LLC reserves the right to hold your fees without notice for any transaction for which it believes in its sole discretion the User or User’s bank may not fulfill his or her payment obligation. Touch Of Magick LLC reserves the right to hold funds for transactions it deems suspicious.
Touch Of Magick LLC reserves the right to close a User account at any time without reason, including, but not limited to, a violation of this Payment Policy, upon notice to the User. In such event, any remaining unrestricted funds shall be sent to the User.
g. Touch Of Magick LLC reserves the right to restrict payments of User fees for any of the following reasons:
Reports of unauthorized or unusual credit card use
Reports of unauthorized or unusual bank account use
Receipt of potentially fraudulent funds
Excessive disputes or chargebacks
Refusal to cooperate in an investigation or provide confirmation of identity when requested
Sending unsolicited email or posting referral links on websites where they are not permitted
Opening multiple User accounts under different names to facilitate fraudulent activity
Suspected violations of the User Agreement
Name on the bank account associated with the User account does not match the name on the User account
Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number or incorrect bank account number
Use of an anonymizing proxy
Any other circumstances which cause Touch Of Magick LLC to believe that a User account may be being used for fraudulent purposes
If your User account is identified for review, you will be notified by email and requested to provide information relevant to your User account. Touch Of Magick LLC will use reasonable efforts to promptly investigate the matter and /or reach a final decision on the restriction. If the investigation result is in your favor, Touch Of Magick LLC will remove the restrictions from your User account. If the investigation result is not in your favor, Touch Of Magick LLC may continue to restrict your User account for up to one hundred eighty (180) days or close your User account by giving you notice. If Touch Of Magick LLC closes your User account, a check for any undisputed funds will be mailed to you to the address that you specify. If you are later determined to be entitled to any disputed funds, a check in the amount of such funds will be mailed to you to the address that you specify.
We encourage Users to upload photos in order to enhance their listings. There are some restrictions on the content of the photos:
Users may not post any photos containing nudity or pornographic material.
Users may not post any photos containing nudity in a listing or elsewhere on the Site.
Users may not upload, post or otherwise transmit any photo which is unlawful, harmful, threatening, harassing, tortuous, defamatory, infringing, vulgar, obscene, hateful, racially or ethnically objectionable or invasive of another’s privacy.
Users may not upload or post unauthorized advertising or promotional materials, or any other photo which they do not have the right to transmit under any law or contractual or fiduciary relationship. This includes any content that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or material protected by intellectual property laws, right of privacy or publicity or any other applicable law, unless having all necessary contracts or consents.
All photos, whether posted publicly or privately transmitted, are the sole responsibility of the person from which the photo originated. Touch Of Magick LLC does not control photos transmitted through Mail or posted on User’s home pages, and, as such, does not guarantee the accuracy, integrity or quality of such.
Although Touch Of Magick LLC does not accept responsibility for these photos, Touch Of Magick LLC does reserve the right to remove at any time, without notice, a photo or image that violates our Photo Policy or User Agreement.
This Photo Policy forms part of the User Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the User Agreement and related policies.
Your Touch Of Magick LLC listing is an online profile detailing the psychic services you provide. It gives you a web presence so that potential customers can decide whether or not to purchase your services. Your listing allows you to provide services.
Once you’ve created your listing, you’ll have your very own Touch Of Magick LLC Phone Number w/ personal extension, a web–based Touch Of Magick LLC Call Button to place on your own website and in email signatures, the ability to earn money by selling digital content through a Touch Of Magick LLC “Buy Now” Button, plus the ability to market your services through the Touch Of Magick LLC Marketplace with Featured Listings.
What are the benefits of my Touch Of Magick LLC listing?
Listing your services on Touch Of Magick LLC has many benefits.
Be Found in the Touch Of Magick LLC Marketplaces – It gives you a presence online for customers to find you via search engines like Google and Yahoo that crawl and index your Touch Of Magick LLC listing.
Build an Online Reputation with Star Ratings and Feedback – Customers often rely on star ratings and written feedback from other customers when making decisions to purchase a product or service online. Touch Of Magick LLC’s psychic community is no different. Your feedback will give customers unique insight into your level of experience and the level of satisfaction of your customers, which may be the most important information you can provide to gain your next customer.
Feature your Listings – Like any business, your ability to get and keep customers will affect your success and how much business you generate using Touch Of Magick LLC. Being listed on Touch Of Magick LLC lets you promote your listing in top spots in your listing category through the Featured Listing program and increases the likelihood of reaching highly qualified potential customers who need your services.
Distribution through Partner Programs – By participating in Featured Listings, your listing will be available for distribution through marketing programs that may be promoted by Touch Of Magick LLC and/or its marketing partners.
Basic Editorial Guidelines
To help you create a quality listing and facilitate its acceptance to the Touch Of Magick LLC Marketplace, follow the basic guidelines below when submitting your listing. Touch Of Magick LLC reserves the right to deny any listings deemed inappropriate.
In most cases, listings must be submitted in English. Listings may be submitted in Spanish for use under the “Psíquicos” topic only.
Please check spelling and grammar in a word processing program such as Microsoft® Word prior to submitting your listing. We may reject listings if:
They contain unconventional or incorrect spelling or grammar.
Symbols, numbers, and letters must represent the conventional meaning of the symbol.
Use standard punctuation and capitalization.
Your listing title and summary should not contain excessive exclamation points, unnecessary punctuation, or symbols. Special characters are not permitted in listing titles.
Do not use excessive capitalization such as “FREE” or “TRY IT NOW.”
Upload a personal photo or image.
It is recommended to use a photo of yourself.
Our research shows that listings with a photo receive up to three times more calls than ones without.
Listings will not be accepted to Touch Of Magick LLC Marketplace without a photo or image.
Select a Relevant Topic
When creating a listing, you are required to select a topic. When choosing a topic please keep in mind the following:
Carefully select the one that best matches your services.
If you have knowledge on multiple distinct topics, create separate listings for each and categorize appropriately.
You may create 1 live advice listing per topic.
If you find there is not an appropriate topic for your services, please select the category “Other” for your listing.
Carefully placing your listing in the proper topic category ensures a quality customer experience and timely acceptance of your listing.
Touch Of Magick LLC reserves the right to not accept any listings deemed inappropriate for a particular topic or for the Touch Of Magick LLC Marketplace.
Listing Quality and Display
How Your Listing Displays in the Touch Of Magick LLC Marketplace
Listings will display in two ways:
Summary listing display on pages of a particular topic.
The advisor’s expanded listing detail page.
The Advisor expanded listing detail page will include the summary along with the expanded additional details about the services you provide.
When creating your listing, you should distinguish your services from those offered by others in your area.
Here are some tips for writing a unique, compelling listing that captures the reader’s attention:
Use a Strong Call to Action:
Why should the customer contact you? Use active, exciting words like “get”, “enjoy”, “fix”, “solve” and “help”.
Be Professional: Maintain a friendly, conversational tone. Customers who read your listing should feel that you are both approachable and professional.
Be Honest: Your listing should inform the customer of what to expect.
Be Transparent: Potential customers want to know about you, your experience, qualifications and how you can help them.
Experiment: Test different types of creative content to see what works. You can edit your listing at any time.
An Advisor’s expanded listing detail that might receive a strong response rate from customers:
Have your listing title use key words that communicate your service offering.
Uploaded a high quality personal photo instead of an image.
Be descriptive, active words in the body to clearly state what services are being offered.
Try to conveys trust by detailing the amount of experience you have.
A great video that makes the client feel comfortable seeking guidance.
Advisor Terms and Conditions
These Advisor Terms and Conditions (this “Agreement”) apply to all users (“you” or “Advisor”) who access and/or use the Touch Of Magick LLC platform (the “Site”) as an advisor to provide online advice and services (the “Advisor Platform”). When you register as an Advisor, you automatically become a site customer (“Member”); therefore, the Member Terms and Conditions are an integral part hereof and are incorporated herein.
What is Touch Of Magick LLC?
Touch Of Magick LLC provides an advisor platform that allows an Advisor to present his or her expertise and sell advice or services to interested Members. Kasmaba, via the advisor platform, enables Members to communicate directly with Advisors and for Advisors to receive payments from Members.
Disclaimer – For Entertainment Purposes Only
YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED FOR USE AS IS. THE USE OF THE SITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. THE SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS.
If you decide to provide your services through the use of the Site, you must exercise a reasonable standard of care, at least the same as a professional advisor would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the Site. The Site Provider will not be deemed the provider or recipient of any services acquired through the Site. The sale or purchase of services is accordingly at your sole and entire risk.
Under no circumstances will the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Advisor for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the services or any provision of this agreement. The Site Provider, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the lesser of total amount of money paid to the Site Provider by you through the Site in the six month period prior to the date the claim arose and $100. You acknowledge and agree that the Site Provider disclaims any liability with respect to any claim, suit or action brought by a member in connection with provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through the Site.
Touch Of Magick LLC does not control the accuracy of any postings on or transmissions through the Advisor Platform by Members. Touch Of Magick LLC also takes no responsibility for verifying the identity of any of its Members. Therefore, you are encouraged to independently verify the details and creditworthiness of Members to whom you give or contemplate giving advice.
Relationship of the Parties
Advisors are independent contractors of Touch Of Magick LLC, and nothing in this Agreement shall be construed to create any association, partnership, joint venture, employee, or agency relationship between an advisor and Touch Of Magick LLC for any purpose. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations, or commitments of any kind or to take any action that shall be binding on the other, except as provided for in this Agreement or authorized in writing by the party to be bound.
As independent contractors, Advisors shall not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Touch Of Magick LLC to its employees. Touch Of Magick LLC shall not be responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker’s compensation insurance on advisors’ behalf. As an independent contractor, each Advisor shall be independently and solely responsible for any income, sales and use, or other tax which Advisor may be or become obligated to pay by virtue of Advisor’s receipt of any fees or other remuneration. Advisors shall be responsible for, and shall indemnify Touch Of Magick LLC against all such taxes or contributions including penalties and interest.
Log-in Credentials. You are responsible for maintaining the confidentiality of your password, username, and any other security information related to your account. You are fully responsible for all activities that occur under your account.
Permitted Disclosures. Touch Of Magick LLC may disclose Advisor information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Touch Of Magick LLC reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate Touch Of Magick LLC’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Touch Of Magick LLC’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement; or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).
Your Information. Touch Of Magick LLC may review any Advisor’s profile and amend any typing or spelling errors. Touch Of Magick LLC takes no responsibility for evaluating or verifying the truthfulness or accuracy of the information contained in an Advisor’s profile; an Advisor’s credentials or qualifications; or an Advisor’s postings or transmissions. Touch Of Magick LLC may, in its sole discretion, remove or refuse to post or transmit any content uploaded by an Advisor. Each Advisor is responsible for all risks associated with uploading and transmitting material through the Advisor Platform, including its accuracy, reliability, and legality. You hereby grant Touch Of Magick LLC an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Advisor Platform.
Modifications to and Termination of Service
Touch Of Magick LLC may modify or discontinue, temporarily or permanently, any part of the Advisor Platform, with or without notice to Advisor without liability to Advisor or any third party. Touch Of Magick LLC, in its sole discretion and for any reason, may terminate Advisor’s participation in the Advisor Platform and refuse any and all current or future use by Advisor of the Advisor Platform.
All interactions between Advisors and Members will be billed through the TOM LLC Platform & Toll Free Number, regardless of whether the interaction is online or offline.
Within 30 days following the end of each month, Touch Of Magick LLC will deliver payment of the advisor fee as calculated per minute via ACH Direct Deposit or PayPal .
You are solely responsible for reporting and paying any applicable tax or tariffs in connection with fees receivable or received from Touch Of Magick LLC.
Notwithstanding the above, Touch Of Magick LLC may withhold, in its discretion, amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed or charged back or, if Touch Of Magick LLC reasonably believes that fraud may have occurred in connection with payment, until Touch Of Magick LLC is able to verify that no fraud has occurred. If a Member has not paid or has later charged back payment, no advisor fee will be paid to you for that transaction and if payment had already been made to you, you are required to prepay this amount immediately to Touch Of Magick LLC, and Touch Of Magick LLC may deduct this amount from your account or from future payments. If you simultaneously participate as a Member, Touch Of Magick LLC may transfer or set off payments from your pending earnings as an Advisor to your outstanding balance as a Member.
Touch Of Magick LLC’s billing system is not error-free, and Touch Of Magick LLC shall not be liable for any miscalculations or malfunctions in processing payments. If you think a mistake has occurred, you must submit a complaint to Touch Of Magick LLC’s service department here within 30 days of discovery of such mistake.
You represent, warrant, and declare that while you are using the Advisor Platform, you will act according to the following rules:
You will prove correct and accurate representation of skills, degrees, qualifications, background, and other information and will maintain and update such information at all times to keep it true, accurate, current, and complete.
You will maintain such skills, qualifications, and other information, including maintaining your status in good standing as a licensed professional as may be required by the jurisdiction where you practice. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
You will not provide or attempt to provide any service or advice that you are not qualified to provide, including legal or medical advice or other advice/information which may only be lawfully provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship.
If you are a medical professional or advisor:
You will not engage in the practice of medicine or enter into a physician-patient relationship with any Member through the Advisor Platform or prescribe or dispense any medications. You will advise Members that your advice is for informational purposes only and is not a substitute for the advice of a physician after a physical examination and will recommend that Members seek an in-person examination from a physician. Accordingly, you will not provide advice or information that requires an in-person physical examination of a Member.
You may provide advice or information only about non-emergency matters. For emergency matters, you will instruct the Member to immediately call 911 or their local emergency assistance.
You will not provide advice regarding purchasing or selling securities or any report or analysis concerning securities or any product or services related to lotteries.
You will not engage in conduct that is harmful, unethical, fraudulent, deceptive, misleading, or offensive.
You will provide services to Members only through the Advisor Platform and will not exchange personal contact information with Members.
You will not take actions which may manipulate the integrity of the Member feedback rating system.
You will comply with all applicable laws, rules, regulations, and ethical codes.
You will not stalk, threaten, or harass others or attempt to invade their privacy.
You will not disclose information that was provided to you by a Member.
You will not transmit through the Advisor Platform: (a) any information or material that infringes a third-party right; (b) any third-party advertisements; (c) software viruses, Trojan horses, worms, or any other malicious application; (d) any information or material which may encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law; (e) any content that is unlawful, harassing, threatening, vulgar, racist, harmful, or otherwise objectionable; (f) any unsolicited mass distribution of email or bulletin board postings.
You will not interfere with, disrupt, or attempt to gain unauthorized access to the Advisor Platform or its related servers or networks or operate robots or spiders to scan the Advisor Platform.
You may use deep linking only to your own personal web page within the Advisor Platform.
You may not view the Advisor Platform with a graphic user interface different from the one provided by the Advisor Platform.
Co-Branded Websites and Links
User Name, Password and Site Registration
You will be fully responsible for all activities that occur under your account, user name or password. The Site Provider will not be liable for any loss that you incur as a result of any breach of your account, either with or without your knowledge. You may be held liable for any losses incurred by the Site Provider due to someone else’s use of your account or password
Any information or content that you post or transmit through the Site will not be considered your confidential information. You grant the Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis. In addition, the Site Provider may disclose your information in accordance with the “Use of Data” section below.
Use of Data
The Site Provider may disclose your information, including but not limited to personal information, transcripts, surveys, and recordings, if the Site Provider reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate the Site Provider’s liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect the Site Provider’s rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce this Agreement or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).
The Site and the Site Provider may use the details of transactions executed through the Site for promotional and informational purposes and publish their details on the Site, provided that such publication will not identify the Advisor or Member in any means other than their Screen Name.
The Site Provider may, in its discretion, create co-branded Websites with its partners. In such case, the Advisor listings may appear in the co-branded site, but the Site Provider will not transfer any personally identifiable information about the Advisor to the other Website without receiving the Advisor’s prior consent. The co-branded sites are maintained on servers maintained and controlled by the Site Provider. The Site Provider may record the website from which a visitor has linked to the Site. If a visitor registers to become a Member and/or an Advisor, the Site Provider may track the partner’s name, in order to further the relationships the Site Provider has with its partners.
Advisor and Member Communications
The Site Provider does not screen or edit the content of communications between Advisors and Members, but the Site Provider may screen, copy, transmit and review all communications conducted by or through the Site for technical support and/or in order to uphold the terms of this Agreement. All communications between Advisors and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring.
If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
The Site Provider may include in the Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Advisor may be shifted to a Website of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that the Site Provider is not liable for the practices of advertisers or the content of their Websites, information, messages or offers.
Intellectual Property Rights
The Site contains copyrighted material, trade secrets and proprietary information owned by the Site Provider, in particular the copyright, trademarks, database and patents, in the Site and in any software, application, graphics, text and other materials used therein, The Site Provider grants you a nonexclusive, revocable right to use the Site provided that you do not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Site. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of the Site or the Site Provider. Furthermore, you may not sub-license, assign or transfer, sell or make any other commercial use of your membership in the Site.
You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of the Site Provider or the Site, or take any other action which infringes or impairs the Site Provider’s trademark rights.
The Site respects the intellectual property of others, and we ask our users to do the same. The Site may terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work, including the location where the copyrighted work exists;
your telephone number, and email address;
a statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Site’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Touch Of Magick LLC
By email: email@example.com
Advisor shall defend, indemnify and hold the Site, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Advisor according to this Agreement; (b) any content Advisor submits, posts or transmits through a Site and/or the Advisor Platform or otherwise provided by Advisor; and (d) Advisor’s use of any Site and/or the Advisor Platform. This section shall survive expiration or termination of this Agreement.
The Site may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Advisor Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Advisor Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to The Site must be delivered via express delivery or regular mail to:
Touch Of Magick LLC
You shall not assign your rights or obligations pursuant to this Agreement without the prior, written consent of Company.
This Agreement shall be interpreted only in accordance with the laws of the State of Nevada (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Nevada. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Company and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the Advisor Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Site Provider may change this Agreement by posting modifications on the Site. Unless otherwise specified by the Site Provider, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. By using the Site after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you may terminate this Agreement as set forth above.