IBERCALL LLC
Terms of Use
Last Updated: February 27th 2020
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.
Welcome to the Terms of Use Agreement ("Agreement"). This is a legal agreement between you and IBERCALL hereinafter referred to as "IBERCALL", the "Company," or "We".
Information you provide is governed by our Privacy Policy.
If IBERCALL accepts your Account and/or Registration, you will become a "Customer" having access to the Sites (as defined below) and Services (as defined below) only under the policies, terms and conditions below. The Services and the Sites are provided by the Company for entertainment purposes only. IF YOU DO NOT AGREE TO ACCEPT THIS CUSTOMER AGREEMENT IN ITS ENTIRETY, YOU SHOULD NOT ACCESS OR USE THE SITES OR SERVICES.
The policies, terms and conditions below limit the Company’s liability and obligations to you. Please note that the Company may change, suspend or terminate your access to and use of the Sites and Services at any time if, in IBERCALL’s sole discretion, you violate any terms and conditions of this Agreement. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Sites.
1. INTRODUCTION
2. ACCEPTANCE AND PROCEDURE
3. PRIVACY POLICY
4. UPDATES TO THESE TERMS
5. RULES OF SERVICES
6. AUTHORIZED USE
7. INTELLECTUAL PROPERTY RIGHTS
8. CUSTOMER-SUBMITTED INFORMATION
9. ACCOUNT AND REGISTRATION
10. FEES AND PURCHASE TERMS
11. MONITORING
12. UPDATES TO THE COMPANY PROPERTIES
13. THIRD PARTY SERVICES
14. DISCLAIMER – NO PROFESSIONAL ADVICE
15. LIMITATIONS OF LIABILITY
16. NOTICE OF COPYRIGHT INFRINGEMENT
17. INDEMNIFICATION
18. TERMINATION
19. CHILD PRIVACY
20. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
21. INTERNATIONAL CUSTOMERS
22. GENERAL PROVISIONS
23. CONTACTING THE COMPANY & SUBMISSIONS
1. INTRODUCTION IBERCALL OFFERS PSYCHIC AND ASTROLOGICAL ENTERTAINMENT SERVICES INCLUDING BUT NOT LIMITED TO, WEBSITES AND MOBILE APPLICATIONS (COLLECTIVELY, THE “SITES”), TELEPHONE AND CHAT PSYCHIC READINGS (COLLECTIVELY, THE “SERVICES”). THE SERVICES MAY ALSO INCLUDE PUBLISHING NEWSLETTERS, HOROSCOPE AND PROVIDING OTHER PSYCHIC AND ASTROLOGICAL CONTENT (COLLECTIVELY, THE “CONTENT”) TO ITS CUSTOMERS (“CUSTOMERS” AND/OR “YOU”).
THE SERVICES AVAILABLE HERE ARE PROVIDED BY IBERCALL FOR
ENTERTAINMENT PURPOSES ONLY.
AT IBERCALL WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR READING. WE DON'T GUARANTEE THAT PSYCHIC READERS’ PREDICTIONS WILL COME TRUE, BUT OUR PSYCHIC READERS MAKE EVERY EFFORT TO PROVIDE YOU WITH ADVICE. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY PSYCHIC READER IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE PROVIDED BY IBERCALL. ACCORDINGLY, PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES AND SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO OPEN AN ACCOUNT (“ACCOUNT”) OR REGISTER (“REGISTRATION”) AND GET PSYCHIC READINGS AND RELATED SERVICES (COLLECTIVELY, “READINGS”), AND TO SIGN UP TO RECEIVE HOROSCOPES AND NEWSLETTERS. PLEASE SEE ARTICLE 19 IF YOU ARE A MINOR.
ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER.
2. ACCEPTANCE PROCEDURE By visiting and using the Sites or receiving Services, You acknowledge that You have read the Terms of Use and that You accept and agree, without limitation or qualification, to be bound by the terms hereof.
By formerly accepting and agreeing to the Terms of Use, You become a Customer of the Company, and therefore You establish a business relationship between You and the Company. Consumers visiting our Sites without registration or opening an account are considered as Prospects.
IBERCALL reserves the right, at its sole discretion, to change these Terms of Use from time to time, and Your continued access to and use of the Sites and/or Services will be deemed to be Your acceptance of and agreement to any such changed terms and conditions. If You do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), You must discontinue use of the Sites and the Services and immediately close Your Account and/or cancel Your Registration by calling our Customer Service at the numbers at the end of these Terms.
3. PRIVACY POLICY We know that the privacy of Your personal information is important to You. The personal information You submit to IBERCALL by visiting and using the Sites or receiving Services is governed by the Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
Retention of Personal Data
The retention periods for personal data in IBERCALL have been designed to reflect the retention period of the original personal data source. The database is automatically updated on a regular basis, and personal data will not be stored beyond a reasonable time after it has been removed from the original source.
The personal data will be kept for the duration of the usage of the Services and at most 5 years after the date of the latest contact with the company. The retention periods for personal data in IBERCALL can be extended as necessary in any event of dispute management, collection needs, criminal activity and in order to prevent possible illegal behavior. When such requirements no longer exist, personal data will be deleted.
4. UPDATES TO THESE TERMS WE MAY AMEND THESE TERMS OF USE AT ANY TIME IN OUR DISCRETION. PLEASE CHECK THE "LAST UPDATED" LEGEND AT THE TOP OF THIS PAGE TO SEE WHEN THESE TERMS OF USE WERE LAST REVISED. A CURRENT VERSION OF THIS AGREEMENT SHOWING THE EFFECTIVE DATE IS ALWAYS AVAILABLE HERE. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THESE TERMS TO SEE IF THERE HAVE BEEN ANY CHANGES THAT MAY AFFECT YOU. CHANGES TO THESE TERMS WILL BE EFFECTIVE IMMEDIATELY FOR NEW CUSTOMERS OF THE SITES AND ASSOCIATED SERVICES. HOWEVER, IF WE MAKE ANY MATERIAL CHANGES TO THESE TERMS OF USE, WE WILL NOTIFY EXISTING CUSTOMERS BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON THE SITES AND/OR SENDING AN EMAIL TO OUR CUSTOMERS FOR WHO WE HAVE UP TO DATE EMAIL ADDRESSES. ALL CHANGES TO THESE TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITES, WITHOUT ANY DELAY. IF YOU DO NOT AGREE TO THE REVISED TERMS OF USE, YOU MUST DISCONTINUE USING THE SITES AND ASSOCIATED SERVICES. YOU AGREE THAT YOUR CONTINUED USE OF THE SITES AFTER NOTICE OF SUCH CHANGES TO THE TERMS SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGES.
5. RULES OF SERVICES Eligibility to use the Site and Services is limited. Without limiting the foregoing, the Site and Services are not available to Customers who do not have a valid Customer Agreement in effect, or who IBERCALL has suspended from use of the Sites or Services.
You shall also not use the Sites or Services if your use is prohibited by the laws of the United States or any other country of your residence.
Communication with Psychic Readers
The Company is not responsible for any telephone and/or online charges you may incur as a result of and/or in connection with services provided by IBERCALL.
You agree that You will not send chat messages (either online or through mobile applications) which may include statements that are abusive, discriminatory, defamatory, obscene, pornographic or otherwise inappropriate.
A Psychic Reader has the right to terminate any correspondence, exchange, or conversation at any time if a customer’s comments and/or behavior is deemed by the Psychic Reader, in his or her sole discretion, to be inappropriate, abusive, or threatening. Psychic Readers will report the termination to Customer Service and such a customer may be denied future access. Any such report made by a Psychic Reader to us shall not be deemed a violation of our Privacy Policy.
IBERCALL prohibits any Customer from requesting that Psychic Readers disclose personal contact information. Please do not disclose to a Psychic Reader, including but not limited to, Your last name, telephone number, any Social Network account or information, Your account username or password, or any personal contact details during a psychic reading. If you voluntarily disclose your own personal contact information to Psychic Readers, you do so at your own risk. Please note that Psychic Readers will not ask You for any of the foregoing information.
The Company prohibits Customers from using the Sites or Services to solicit Psychic Readers to meet with them in person. If you do meet with Psychic Readers, you do so at your own risk. Please note that Psychic Readers will not ask to meet with them in person.
The Company and/or any of the Company’s agents and/or employees, including but not limited to a Psychic Reader, are not trained or equipped to be a suicide hotline. Please contact a suicide hotline, your personal physician, a hospital emergency room, or 911 in the United States or local emergency contact number for professional assistance. If you give your personal information to a Psychic Reader or and later threaten suicide, we reserve the right to contact appropriate authorities, however, no guarantee is made that someone will contact emergency personnel for you.
Account and registration
To access Chat Psychic Readings, You must create an Account (on websites, within mobile applications). While on mobile applications, the Customer does not need to create an account and may proceed anonymously, please note that an account will still be created for purposes of receiving Services.
To access Telephone Psychic Readings, You must register within our Customer Service Centre (“Registration”); call our Customer Service and talk to a Customer Representative.
You certify that the information given to IBERCALL upon opening Your Account or/and Registration, as well as all changes You make to Your account or/and Registration, are true and complete. You certify that You will not give false statements nor make identity theft. IBERCALL will not be responsible for any false statements or identify theft You make in connection with Your Account or/and Registration.
Based on Your personal information, and other factors identified by the Company in its sole discretion, IBERCALL may choose to verify your credit, identity and/or other background information in order for you to continue using the Sites or Services. In such event, You agree to provide IBERCALL with additional information that may be requested; You consent to IBERCALL 's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information; and You authorize IBERCALL to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity.
Payment and Charges
You agree to pay for all Services, including Readings (by chat or by phone), purchased using Your Account or/and Registration in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Charges for telephone psychic reading are calculated based on full-minute increments, and the length of a Reading is rounded up to the next full-minute at the end of each Reading.
Charges for chat psychic reading are calculated on a per-message basis and correspond to one credit per message sent.
For all purchases of Services, You agree that You will use only credit cards, debit cards for which You are the card or account holder.
Call backs
You can request us to call You back whenever You want. Callback requests can be made from landlines and mobile phones. When asked, make sure You enter the phone number correctly. If You do not enter your number correctly, we cannot call You back.
Your hereby acknowledge, understand and agree that IBERCALL may call and/or text you within a twenty (20) minute time frame: (i) when you enter your information for the purpose of receiving a call back; (ii) when you get disconnected or a technical issue terminates the call incidentally; (iii) 9am to 5pm US Eastern Time; or (iv) a scheduled time agreed between You and IBERCALL.
Confidentiality of Account Information
You agree to maintain the confidentiality of Your Account information, including Your password (“Password”), if one is issued, and Username (“Username”), and to notify the Company of any unauthorized use of Your Account, Password or Username, or any other breach of security.
You agree to never allow another person access to your Account or Registration.
You are fully responsible for all activities that occur under your account.
Account and Credits, Credit Packages (Chat Psychic Reading Service only)
To access Chat Psychic Reading Service (either online or through mobile applications), You must purchase or receive “credits” which will be deposited into Your Account. Any balance associated with Your Account will be denominated in credits rather than U.S. Dollars or another currency. Credits can only be used to access Chat Psychic Reading. Credits have no cash value and are not redeemable for cash except to the extent required by law. Credits are issued by the Company. However, the Company may in its sole discretion assign any obligations it may have with respect to Credits to an affiliate or third party, without recourse. In the event of any such assignment, You agree that such assignee, and not the Company, shall be solely liable to You with respect to the Credits.
Credits never expire.
You may add Credits to Your Account by purchasing a package of Credits (a “Credit Package”). You may purchase a Credit Package solely on Websites or Mobile Applications.
You may also receive promotional Credits through special programs or through other offers, Customer accommodations, or for other reasons, as discussed further below.
Package purchases and Credits balances are not refundable (except in the limited instances explained below regarding Our Satisfaction Guarantee), and they may only be redeemed for Services. To redeem Your Credits for Services, Your Account must be active.
Registration and Pay Per Minute, Minute Packages (Telephone Psychic Reading only)
To access Telephone Psychic Reading Service, You must pay per minute (pay per minute mode) or use purchased minute packages (“Minute Package”, package follow-up mode) to connect to any reader. Once You purchased minutes have been spent, You will be charged standard rates per minute or will have the option to purchase minute packages.
If you are a first-time caller, You will be asked to register and to communicate Your credit card details to a Customer Representative. You will only be connected to a Psychic Reader if You provide valid credit card details. Please read our Privacy Policy regarding use and storage of such information. Once payment has been processed, purchased minutes will be added to Your account corresponding to the Minute Package or special offer package purchased.
Please note that if You terminate the call before the end of any special offer package purchased or offered, You will lose such remaining minutes. IBERCALL does not give refunds on such remaining minutes. Special package offers are not compatible with minute package usage. At the end of the special offer package purchased or offered, You will hear a bell alerting You that the special offer package is terminated and that You will be charged per minute based on standard rates or will have the option to purchase minute packages.
The Minute package is valid one (1) year from the date of purchase. Once expiration date is reached, a package is no longer valid and cannot be used and You will lose remaining minutes. IBERCALL does not give refunds on such remaining minutes.
You expressly understand and agree that You are responsible for any time spent on the phone and/or chatting with Psychic Readers. Neither IBERCALL nor any of its affiliates (including parent or subsidiary companies), will be liable to You for failure to inform You of the end time of Your telephone and/or Chat Psychic Reading.
For more information on billing practices and/or Credit/Minutes Packages and/or special offers, call Our Customer Service at the numbers at the end of these Terms.
Recording and Retention of Readings
You agree that You will not use any audio recording or retention devices/technology in connection with Readings, and You will not otherwise make any recordings, copies, scans, or transcriptions of Readings, including Readings by phone or chat, without the prior written consent of the Company. You acknowledge and agree that Company may record Telephone and Chat Psychic Readings. Although Company may provide You with access to recordings of Telephone and Chat Psychic Readings, You acknowledge and agree that, at any time in its discretion, Company may (i) delete such recordings, and/or (ii) terminate Your access to such recordings pursuant to the terms of the Privacy Policy.
Refusal of Services
We reserve the right to refuse the provision of Services and/or access to the Sites to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Sites or using our Services. Furthermore, a Psychic Reader has the right to terminate the provision of Services at any time if a Customer’s comments and/or behavior are deemed by the Psychic Reader to be inappropriate, abusive, or threatening. Psychic Readers will report the termination to Customer Service and such a Customer may be denied future access to the Sites and/or Services. Any such report made by a Psychic Reader to us shall not be deemed a violation of our Privacy Policy.
Our Satisfaction Guarantee
We don't guarantee that Psychic Readers’ predictions will come true, but we do our best to ensure that You enjoy the Readings. To ensure Your satisfaction with Your Reading experience, we offer a guarantee as specified hereunder.
Chat psychic reading only:
Specifically, we will credit Your Account with Credits in accordance with the following guidelines:
- If You make a request within 24 hours, we will credit Your Account in Credits for an amount determined at the sole discretion of IBERCALL based on the circumstances.
- Any such amount will be based on the type of Credit Packages purchased; provided, however, that no credit granted can exceed the number of credits of the largest Credit Package. Credit requests are limited to one unsatisfactory paid Reading per month.
Telephone psychic reading only:
Specifically, we will grant You phone reading minutes in accordance with the following guidelines:
- If You make a request within 24 hours, we will grant You phone reading minutes for an amount determined at the sole discretion of IBERCALL based on the circumstances.
- Any such amount will be based on the duration of the reading in question; provided, however, that no minutes granted can exceed the number of minutes of the reading in question. Minutes requests are limited to one unsatisfactory paid Reading per month.
This satisfaction guarantee is valid once per month, per customer, per Psychic Reader and does not apply to Readings with Psychic Readers for whom You have received any Credit/Minute in the past from this guarantee.
No cash refunds will be provided for any reason within this Satisfaction Guarantee.
For us to issue a Credit to Your Account or Registration, You must have an Account or a Registration that is active and in good standing.
Only genuine issues relating to Your satisfaction with the Reading in question (as determined in IBERCALL’s sole discretion) will be considered for a Credit/Minute request. We reserve the right to refuse to issue a Credit.
Discounts and Offers
Unless otherwise specifically provided, all discounts and special offers are non-transferrable, valid for a limited period of time, can be used only once per Customer, and may not be combined with any other discount or special offer. Unless otherwise specifically provided, introductory offers are valid only for new Customers on their first purchase or usage of the Services and/or the Sites. There is a limit of one introductory offer per person, credit card, phone number, address, and email, and anyone who attempts to circumvent this limitation may be refused service and subject to liability.
Carrier Transactions and Charges
Your dealings with any wireless, telecommunications, or other carrier ("Carrier") in connection with accessing the Sites and the use or provision of Services, including payment for usage charges, participation in any promotions offered by any Carrier and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. IBERCALL is not responsible for any such Carrier dealings or promotions.
6. AUTHORIZED USE Your right to use the Sites and the Services, and all Content made available by the Company, its suppliers, and/or advertisers on or in, or purchased through, the Company (collectively, the "Company Property") is personal to You. You are permitted to use the Company Property solely for Your own personal use. You are solely responsible for the contents of Your transmissions through the Company Property. Your use of the Company Property is subject to all applicable local, state, national and international laws and regulations.
You agree:
(a) to comply with all applicable statutes, orders, regulations, rules, and other laws, including such laws regarding the transmission of technical data exported from the United States through the Company Property;
(b) not to use the Company Property for any fraudulent or illegal purposes;
(c) not to take any action to interfere with the Sites and/or Services or any other User's use of the Sites and/or Services and to respect the rights and dignity of others;
(d) not to interfere or disrupt networks connected to the Company;
(e) to comply with all applicable regulations, policies and procedures of networks connected to the Company Property;
(f) not to use any data mining, robots or similar data gathering and extraction methods in connection with the Company Property;
(g) not to post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Sites and/or Services any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
(h) not to reproduce, duplicate or copy any portion of the Sites and/or Services, except as authorized by these Terms of Use;
(i) not to sell, resell or otherwise exploit for any commercial purposes any portion of, the use of or access to the Sites and/or Services without the prior written consent of the Company;
(j) not to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Sites and/or Services, or express or imply that we endorse any statement You make;
(k) not to access or attempt to access any of the Company’s computer system without authorization;
(l) not to remove any copyright, trademark or other proprietary rights notice from the Sites or other Company Property;
(m) not to violate or attempt to violate the security of the Sites;
(n) not to disseminate on the Sites any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
(p) not to assist or permit any persons in violating these Terms of Use or applicable statutes, orders, regulations, rules, and other laws governing the use of the Sites and/or the Services.
(q) not to frame or utilize framing techniques to enclose any trademark, logo, or other Company Property (including images, text, page layout or form) of the Company;
(r) not to use any metatags or other "hidden text" using the Company's name or trademarks;
(s) not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Property except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(t) not to use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(u) not to access the Company Property in order to build a similar or competitive websites, mobile applications or services;
(v) You will not undermine, disrupt, or manipulate the integrity of the Customer feedback rating system of the Psychic Readers.
Subject to Your compliance with the Terms herein, the Company grants You a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of Mobile Applications on a single mobile device or computer that You own or control and to run such copy of Mobile Applications solely for Your own personal purposes. Furthermore, with respect to any application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), You will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store.
7. INTELLECTUAL PROPERTY RIGHTS The contents of the Sites, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. IBERCALL hereby authorizes you to copy (electronically or in hard copy) materials published on the Sites or in print for non-commercial personal use only, provided that any copy of these documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents. Except as expressly provided above, You may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of the Company. No information or statement contained in these Terms of Use or the Sites shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party. IBERCALL may, at our discretion, limit or restrict the access and use of the Sites of any customers who infringe the intellectual property rights in the manner described above.
Any rights not expressly granted herein are reserved.
8. USER-SUBMITTED INFORMATION
8.1 User content
You are responsible for any content that you upload, post, email, transmit or otherwise make available on or through the Company Property, whether publicly posted or privately transmitted (“User Content”). You agree, represent and warrant that any User Content you transmit through our Sites or to the Company is truthful, accurate, not misleading and offered in good faith, and that You have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through the Sites any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission. We do not want You to, and You should not, send any confidential or proprietary content to us unless specifically requested by us. Please note that any unsolicited content sent to the Company will be deemed not to be confidential or proprietary.
You agree not transmit through our Sites on or through the Company Property any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. We may (but have no obligation to) to remove any content you transmit through our Sites for any reason (or no reason). In addition, if we become aware of any possible violations by you of any provisions of the Terms, IBERCALL reserves the right to investigate such violations and we may, at our sole discretion, immediately terminate your license to use the Company Property, or change, alter, or remove content you transmit through our Sites, in whole or in part, without prior notice to You.
By submitting User Content, other than personally identifiable information, you grant to the Company (or warrant that the owner of such User Content has expressly granted to the Company) a non-exclusive, worldwide, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights You have in the User Content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or any other right of any third party: Your provision of User Content to the Company, your posting of User Content using the Services and/or the Sites, and the use of such User Content (including of works derived from it) by IBERCALL, its Customers, or others in contract with IBERCALL is done in connection with the Services and in compliance with these Terms.
8.2 Feedback policy
We urge all Customers to please use caution and good judgment when leaving feedback. What You write can be read by other Customers. Please also bear in mind that You may be held legally responsible for damages to someone's reputation if a court, tribunal or other authorized authority finds that your remarks are defamatory. Under applicable laws, including the Communications Decency Act, IBERCALL is not legally responsible for the feedback that Customers post on its Sites, even if that feedback is defamatory. IBERCALL provides a platform to its Customers as a place for our Customers to express their opinions, and we will neither censor these opinions nor investigate them for accuracy.
To ensure that the feedback system is not abused, IBERCALL may remove feedback in the situations described below. If you believe that another Customer has left feedback that meets one or more of the following criteria, you may contact the Customer Service to seek review.
Circumstances in Which IBERCALL Will Consider Removing Feedback:
The feedback was written with the sole intention of describing or commenting on IBERCALL itself and not a Psychic Reader‘s service.
The feedback contains, in IBERCALL's sole discretion, profane or vulgar language or sexually-oriented content. IBERCALL will remove feedback containing defamatory words such as "fake," "sucks" or "boring".
The feedback contains personal identifying information about a Psychic Reader.
The feedback contains negative comments regarding a Psychic Reader's failure to perform actions or services which are outside the scope of the Psychic Reader's Services.
The feedback is made by a Customer who provided IBERCALL with false contact information during the registration process, and cannot be contacted.
Feedback is determined by IBERCALL in its sole discretion to be of a harassing nature, and IBERCALL may remove any or all feedback made by that User.
The feedback refers to another User's feedback, mentions other Customers or includes links to other Websites.
Feedback mistakenly left or intended for another Psychic Reader will be considered for removal only when the Customer responsible informs IBERCALL of the error.
IBERCALL may, without notice, remove old ratings or exclude ratings which IBERCALL in its sole discretion believes compromises the integrity of the Customer feedback rating system.
8.3 Photo policy
We encourage Customers to upload photos in order to enhance their exchange with Psychic Readers. There are some restrictions on the content of the photos:
Customers may not post any photos containing nudity or pornographic material.
Customers 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.
Customers 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.
Although IBERCALL does not accept responsibility for these photos, IBERCALL does reserve the right to remove at any time, without notice, a photo or image that violates our Photo Policy or Customer Agreement.
8.4 Chat policy You agree not to do any of the following while using IBERCALL Chat:
Harass, threaten, or abuse Psychic Readers involved in your chat. Please use standard chat etiquette. This includes respecting the privacy of other IBERCALL Customers.
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation for external or competitive websites, or reference your involvement with alternative chat programs or competitive services. This includes the exchange of personal contact information for off-site communication.
Impersonate or misrepresent your affiliation with any person or entity, including IBERCALL and its employees and agents; or implying that any statements you make are endorsed by IBERCALL or its staff.
Divulge your personal contact information to Psychic Readers and request to be contacted directly, including in-person meetings.
Transmit through any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Threaten stalk, defame, defraud, degrade, victimize or intimidate an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
Transmit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal. IBERCALL reserves the right to decide in its sole discretion what it considers Sexually-Oriented content, Our Sexually-Oriented Policy applies to all services offered under IBERCALL, including IBERCALL Chat.
Transmit any files that contain software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment. IBERCALL reserves the right, at its sole discretion, and without any obligation to do so, to review and remove user content at will and without notice, and delete content and accounts. IBERCALL reserves the right, at its sole discretion, to ban participants or terminate access to services.
8.5 Sexually-Oriented Content Policy Telephone communications, discussions, postings and other services that include language, content, images and themes of a sexual or controversial nature ("Sexually-Oriented Content," as described below), are not permitted.
9. ACCOUNT AND REGISTRATION
9.1 Services
Although portions of the Content may be viewed simply by browsing the Company Property (the "General Services"), in order to access some of the personalized astrological features and/or receive additional Content and Services (including email-based Services) from the Company (the "Personalized Services"), You need to open an account or register with us. The General Services and the Personalized Services are referred to collectively in these Terms of Use as the "Services."
In consideration for the Personalized Services, You agree to:
(a) provide certain current, complete, and accurate information about Yourself as prompted to do so by the Company; and
(b) maintain and update this information as required to keep it current, complete and accurate. All information that we request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Use as “Account Data” or "Registration Data."
The Company reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and Your account or/and Registration, including without limitation, closing Your account, cancel Your Registration, changing Your Password or requesting information to authorize transactions on Your account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
9.2 Eligibility. The Company does not permit the Services to be used by temporarily or indefinitely suspended Customers. In addition, the Company does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If You do not qualify, do not use the Services.
9.3 Customer Account Data. You are responsible for all uses of Your account, whether or not actually or expressly authorized by You. You may change Your password by following instructions on the Sites. You agree that Your account, Username and Password may not be transferred or sold to another party. You agree to immediately notify the Company of any unauthorized use of Your account or any other breach of security known to You.
9.4 Access to Your account. In order to ensure the Company is able to provide high quality services, respond to Customer needs, and comply with laws, You hereby consent to the Company employees and agents accessing Your account and Account Data, pursuant to the terms of our Privacy Policy, on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
9.5 Termination of Your account or/and registration. The Company may modify or discontinue (in whole or in part) the Services or Your account or Your Registration with us, with or without notice, for any reason without liability to You, any other User, or any third party. Without limiting the foregoing, we reserve the right to terminate Your account or/and Registration immediately (a) if we are unable to verify or authenticate Your Account Data or/and Registration Data or other information provided by You, (b) if we believe that Your actions may cause legal liability for You, the Company, or all or some of our other Customers, or (c) if we believe You have (i) provided us with false or misleading Account Data or/and Registration Account or other information, (ii) interfered with other customers or the administration of the Services, or (iii) violated the Terms.
10. FEES AND PURCHASE TERMS
10.1 Payment.
You agree to pay for all Services, including Readings (by chat or by phone) purchased using Your Account or/and Registration in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) as a condition to signing up for any of the Personalized Services.
You will ensure that all credit card and payment information you provide is accurate, correct, and kept updated at all times, and that you are fully authorized to use such credit card and payment information.
All credit card purchases must be made by the cardholder. Payments can be made in the following currencies: AUD, CAD, EUR, GBP and USD. Cards issued from the following countries, without limitation, are not accepted: Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan.
Your Payment Provider agreement governs Your use of the designated credit card, and You must refer to that agreement and not these Terms to determine Your rights and liabilities. You may pay additional fees to Your card issuer as this is a transaction with a foreign company. Please check with Your financial institution for the amount of those fees before using IBERCALL’s Services.
You, and not IBERCALL, are responsible for paying any unauthorized amounts billed to Your credit card by a third party. You agree to pay all fees and at the rates in effect when the charges were incurred. Unless You notify IBERCALL of any discrepancies within thirty (30) days after they first appear on Your credit card statement, You agree they will be deemed accepted by You for all purposes. If IBERCALL does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by IBERCALL or its agents.
By providing the Company with Your credit card number and associated payment information, You agree that the Company is authorized to immediately invoice Your account or registration for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in Your billing address or the credit card used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Company Properties or by e-mail delivery to You.
You and the Company may agree, with the Company’s billing department, regarding payments over a period of time, not exceeding three (3) months, at no additional cost to You. The modalities of the timing (date and amount) will be set forth in your invoice or by any other means of written communications, such as text messages. In the event you choose, and the Company has agreed to proceed which such monthly payments, any credit card and/or other payment information you submit to the Company shall act as acceptance of the payment terms, including the total amount due, any payment deadlines, and any and all other payment terms notwithstanding the absence of more formal written agreement.
Cancellation of such payment agreement: in the absence of a total or partial payment due on any given deadline shall accelerate payment terms and cause the total amount to be immediately due and owing to the Company via a single transaction or several debit transactions of your credit, up to a maximum of the total amount, for which You initially gave your agreement. You hereby authorize the Company to debit the remaining sum due in one or more times. Subject to the availability of your telephone contact information, You shall be notified by text message of the collection(s) once carried out, up to a maximum of the total outstanding amount. Any payment disputes shall be dealt with pursuant to the terms of Article 20 herein.
If a payment method is invalid, and a Customer incurs any past due amounts, IBERCALL reserves the right to charge any payment methods associated with the User’s account or registration for any past due amounts (including any taxes and late fees) until such amounts are paid in full.
10.2 Billing
Please note that IBERCALL will use reasonable efforts to process payments after the end of each reading and within seven (7) business days of each purchase; however, there may be delays due to credit card and debit card payment processes. Charges incurred over a period of several days may be consolidated and charged as a single charge. If a credit card charge is declined, IBERCALL may attempt to charge any or all other cards you have on file (in one charge or in partial charges if unable to charge the full amount) for the following 180 days.
Time charges are based on increments of a minute as measured on the Company’s servers. Any use of a partial minute is rounded up to a full minute. In the pay per minute mode, billing starts from the third minute. IBERCALL’s billing system is not fault-free; therefore, IBERCALL shall not be liable for any problems, miscalculations, or malfunctions in processing payments. If you believe a mistake has occurred, please submit a request at info@ibercall.com .
10.3 Disputes. You must notify us in writing within seven (7) days after receiving Your credit card statement, if You dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified at info@ibercall.com .
10.4 Refund policy
IBERCALL has adopted a policy of honoring refund requests.
To begin this process, please contact our Customer Service with your request. When contacting Customer Service via phone, account or registration validation is required.
Upon acknowledgement of your request, refund will be credited to the originating payment method within 5 to 7 business days. IBERCALL will provide a confirmation number of receipt, if requested. If you have encountered an error in receiving a refund, please contact your credit/debit card issuer for assistance. For certain financial institutions, it may take up to 30 days for a refund to reflect on your statement.
Two types of refund process apply to the telephone psychic reading service: (i) initial offer refund and (ii) Customer claim refund.
(i) initial offer refund
The initial offer refund process is an automatic refund process that is used in the following two following configurations:
1. The Customer purchased an initial offer, started his or her consultation but did not manage to use the offer correctly (for instance, disconnection occurred and the Customer was not reachable afterwards by phone);
2. The Customer purchased an initial offer but was not available for his her consultation.
In those two configurations, Customer automatic refund will proceed within the day of purchase.
(ii) Customer claim refund
For the sake of Customer satisfaction and to maintain top quality service, our Company relies on Customers’ feedbacks. After each consultation, Customer representatives always collect Customers’ feedback about the psychic reading service that has been delivered.
When a refund is claimed, Customer representative launches a specific audit process with the following steps:
1. The Customer representative takes charge of the Customer ’s complaint;
2. A complaint form is sent to the Quality Assurance Service from a one-click action of the Customer representative;
3. Priority is given to Customer’s complaint. Auditors listen the consultation and assess it in accordance with internal company policy (note that calls are recorded for quality assurance, training and legal purposes, but all conversations remain confidential);
4. A report is filed and sent back to Customer representative for follow-up actions;
5. If breach(es) of the internal company policy is/are detected, customers are entitled to a refund or consultation replacement;
6. If breaches are not detected, we inform the Customer, decline the refund claim and close the case (information are stored for records).
Note: Customers can claim a refund up to seven (7) days after the day the reading was delivered.
IBERCALL reserves the right in its sole discretion to terminate a transaction in order to fulfill credit card industry regulations, payment processor and banking procedures, or in an effort to accommodate legal requests.
If a breach of our Agreement, Customer error, technical issue or potential fraudulent transaction has been brought to our attention, IBERCALL may also choose to issue a refund.
Chat psychic reading service
When a refund is claimed, Customer representative launches a specific audit process with the following steps:
1. The representative takes charge of the Customer’s complaint;
2. A complaint form and is sent to the Quality Assurance Service from a one-click action of the Customer representative;
3. Priority is given to Customer representative’s complaint. Auditors review the consultation (chat messages exchanged) and assess it in accordance with internal company policy (note that chat messages are retained for quality assurance, training and legal purposes, but all chat messages remain confidential);
4. A report is filed and sent back to for follow-up actions;
5. If breach(es) of the internal company policy is/are detected, customers are entitled to a refund or consultation replacement;
6. If breaches are not detected, we inform the Customer representative, decline the refund claim and close the case (information are stored for records).
11. MONITORING
11.1 Content
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate Content and/or User Content before allowing it to be posted on the Sites; (b) monitor Content and/or User Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to You, any Content and/or User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to You for failure to do so or for doing so in any particular manner; and/or (d) disclose any Content and/or User Content, and the circumstances surrounding its transmission, to any third party in order to operate the Sites; to protect the Company and the Customers; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
11.2 Live telephone conversations
We may monitor or record your live telephone conversations with Psychic Readers for operational purposes, including for quality assurance, training and legal purposes and in furtherance of making certain services available to you. By agreeing to this Agreement or using the Sites or the Services, you consent to our monitoring or recording your live telephone conversations as just described.
11.3 Email and chat message
IBERCALL also reserves the right to monitor and review and retain Email and Chat message and to contact Customers in order to evaluate compliance with the rules and policies set forth in this Customer Agreement and to take other action as set forth in the Privacy Policy (including for quality assurance, training and legal purposes). We urge you to review and understand the Privacy Policy. As part of this Customer Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by its terms.
12. UPDATES TO THE COMPANY PROPERTY
You understand that the Company Property is evolving. We may make improvements and/or changes to the Sites, add new features, or terminate the Sites and/or the Services at any time without notice. As a result, the Company may require You to accept updates to the Company Property that You have installed on Your computer or mobile device. You acknowledge and agree that at any time and from time to time the Company may update the Company Property without any notice or liability to You or any other person. You may also need to update third-party software from time to time in order to use the Company Property. We do not warrant that information on the Sites is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to You.
13. THIRD PARTY SERVICES
13.1 Social Media Pages. The Company may maintain a presence on social media websites, including Facebook, Pinterest and Twitter (collectively, "Social Media Pages"), to provide a place for the public to learn more about the Company and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of the Company. All visitors to our Social Media Pages must comply with the respective social media website's Terms of Use. We review some but not all postings to our Social Media Pages and may remove postings that we determine are inappropriate or offensive.
13.2 App Stores. You acknowledge and agree that the availability of the Mobile Application(s) and associated Services depend on the third-party from which You received the Mobile Application license, e.g., the App Store (Apple iOS devices) or Google Play (Android devices) ("App Store"). You acknowledge that the Terms are between You and the Company and not with the App Store. The Company, not the App Store, is solely responsible for the Company Property, including the Applications, the content thereof, and addressing any claims relating thereto. In order to use an Application, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Company Property, including the Application(s). You agree to comply with, and Your license to use the Application(s) is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Company Property, including the Application(s). You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
13.3 Third-Party Websites
The Services, or a portion thereof, may also be made available via third-party websites. If you have accessed the Services, or any portion thereof, via a third-party website, such use may be subject to terms and conditions imposed by such third party. IBERCALL is not responsible for any terms, conditions, policies, acts, content or omissions, of any such third parties.
13.4 Links and Advertisements
The Sites may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offered by third parties and Company has no control over any such linked content or anything provided by any such third party. You acknowledge and agree that Company is not responsible for such third party links, content, web sites, products or services and will not be responsible or liable for anything related thereto and agrees that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, web site, content, product and/or service.
14. DISCLAIMER – NO PROFESSIONAL ADVICE
YOU UNDERSTAND AND AGREE THAT:
(a) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROPERTY IS PROVIDED "AS-IS" AND WITH ALL FAULTS. THE COMPANY ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURE TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS. INFORMATION PROVIDED THROUGH OUR SERVICES, ON THE SITES AND IN IBERCALL MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN CONSULTATIONS, TELEPHONE AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. INFORMATION FROM IBERCALL IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. IBERCALL IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE SITES OR IN MATERIALS OR THROUGH OUR SERVICES. IBERCALL IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY IBERCALL, ITS EMPLOYEES OR CONTRACTORS, ARE SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY IBERCALL OR OTHERWISE ON THE SITES WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
(b) USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT AND/OR DATA FROM THE COMPANY PROPERTY.
(c) THE COMPANY PROPERTY ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY, REPRESENTATION OR CONDITION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY PROPERTY, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE COMPANY PROPERTY, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTY, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTY, AND MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT THE COMPANY PROPERTY WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE COMPANY PROPERTY SHALL CREATE ANY WARRANTY, REPRESENTATION OR CONDITION.
(d) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, COMPANY MAY CLOSE YOUR ACCOUNT OR REGISTRATION, DELETE ACCOUNT DATA, ANY EMAIL OR OTHER COMMUNICATIONS, OR ANY OTHER INFORMATION THEREIN FOR ANY REASON, INCLUDING IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS.
(e) IBERCALL does not make any warranty as to the completeness of the information provided by Psychic Readers regarding rates, plans and pricing. Please refer to Pricing Policy for such details.
(f) Unless specifically stated otherwise, the images of persons shown on this web site are not professionally qualified or certified Psychic Readers working for IBERCALL, nor are they customers of our company. IBERCALL uses stock images to protect the confidentiality of its Psychic Readers.
(g) IBERCALL does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information, entertainment services or other products or services provided by Psychic Readers, or any specific Customer or Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee.
You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Services. Customers who initiate, receive and/or discontinue use of the Services do so entirely at their own risk, and IBERCALL bears no responsibility in this regard.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
15. LIMITATIONS OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, "INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:
(a) THE USE OF OR THE INABILITY TO USE THE COMPANY PROPERTY;
(b) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE COMPANY PROPERTY, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTY; OR
(c) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA.
THE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS AND SUPPLIERS TO YOU OR ANY THIRD-PARTIES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTY, OUR PRIVACY POLICY, OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID TO US AFTER PAYMENTS TO ADVISORS AND OTHER THIRD-PARTIES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $200.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
16. NOTICE OF COPYRIGHT INFRINGEMENT
We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Property or on Third-Party Sites, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Sites (identified below), which must contain the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) that You claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which You request to be removed or access to which is to be disabled;
(c) A description of where the content that You claim is infringing is located on the Company Property;
(d) Information sufficient to permit the Company to contact You, such as Your physical address, telephone number and e-mail address;
(e) A statement by You that You have a good faith belief that the use of the content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement by You that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf. You can reach our Designated Agent for notice of claims of copyright infringement by emailing us at info@ibercall.com. The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Company Property or on Third-Party Sites, or in connection with the Company Property. All other inquiries directed to the Designated Agent may not be responded to.
If any Customer of the Sites is deemed to be a repeat copyright infringer, the Company will terminate such Customer's license to use the Sites.
17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants, contractors, and agents (the "Company Parties") from any and all claims, liability, losses, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from Your use of the Company Property, Your violation of these Terms, unsolicited information You provide to the Company through the Sites, or Your violation of any third party's rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms will inure to the benefit of the Company's successors, assigns, and licensees.
18. TERMINATION
The Sites, the Services and these Terms are in effect until terminated by the Company. In addition to any right or remedy that may be available to the Company under applicable law, the Company may suspend, limit or terminate all or a portion of Your access to the Sites or the Services or any of its features at any time with or without notice and with or without cause and without liability to You, including without limitation, if the Company believes that You have violated or acted inconsistently with the spirit of the terms and conditions herein. The provisions of these Terms concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if Your use of the Sites is terminated pursuant to these Terms, You will not attempt to use the Sites or the Services under any name, real or assumed. You further agree that if You violate this restriction after Your use of the Sites or the Services is terminated, You will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
19. CHILD PRIVACY
If You are under the age of 18, please do not use or access the Sites. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our databases, we will promptly do so.
20. DISPUTE RESOLUTION; INJUNCTIVE RELIEF
Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be settled by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (www.jamsadr.com). The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of JAMS, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Florida.
Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Florida in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of Florida for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand US dollars (US $1,000).
These policies apply solely to residents of the United States as IBERCALL is headquartered in USA.
MEDIA MOTIVE is a contact service centre (CSC) located in Europe (Spain) that provides CSC services mainly to EU customers under IBERCALL INC’s governance. In case of Force Majeure (see article 22.5) where IBERCALL INC fails to perform, MEDIA MOTIVE may provide CSC services to US customers also as long as Force Majeure applies.
For service charge collection provided by MEDIA MOTIVE, any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be conducted in Spain jurisdiction.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
This provision shall survive termination of this Agreement.
21. INTERNATIONAL CUSTOMERS
This Sites and Services can be accessed from countries around the world and may contain references to the Company Property and Content that are not available in Your country. These references do not imply that the Company intends to announce Company Property or Content in Your country. The Company Property are controlled and offered by the Company from external hosting facilities mainly located in France, the European Union and the United States of America. The Company Property is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.
22. GENERAL PROVISIONS
22.1 Other Policies and Terms. These Terms apply exclusively to Your access to, and use of, the Sites and the Services and does not alter in any way the terms or conditions of any other agreement You may have with the Company. Additional policies and terms may apply to use of all or portions of the Sites and are incorporated by reference into these Terms. Please refer to and review all additional specific terms and conditions as applicable, including the Company's Privacy Policy.
22.2 Electronic Communications. If You provide us with a telephone number, address or email address, You expressly agree that we, or our authorized agents, can use that telephone number, address or email address to contact You. The communications between You and the Company use electronic means, whether You visit the Company Property or send Company e-mails, or whether the Company posts notices of the Company Properties or communicates with You via e-mail.
For contractual purposes, You (1) consent to receive communications from or on behalf of the Company in an electronic form, by e-mail or by posting notices on the Sites; and (2) agree that all terms and conditions, 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 to be in writing. All notices from the Company intended for receipt by a Customer shall be deemed delivered and effective when sent to the email address You provide on the Sites. The foregoing does not affect Your statutory rights.
22.3 Release. You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Sites customers or third-party websites of any kind arising in connection with or as a result of the Terms or Your use of the Company Property. If You are a California resident, You hereby waive California Civil Code Section 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."
Residents of other states and jurisdictions waive their rights under analogous laws, statutes or regulations.
22.4 Assignment. The Terms, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without the Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
22.5 Force Majeure. The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
22.6 Governing Law. Any dispute in connection with the Sites or these Terms will be governed by the laws of the State of Florida and the United States of America. This provision shall survive termination of these Terms.
These policies apply soelely to residents of the United States as IBERCALL is headquartered in USA.
For service charge collection provided by MEDIA MOTIVE Company, any dispute in connection with the Sites or these Terms will be governed by the laws of Spain. This provision shall survive termination of these Terms
22.7 Choice of Language. The Parties expressly acknowledge that the Terms and all related documents have been drawn up in English.
22.8 Notice. The Company may provide You with notices, including those regarding changes to the Terms, by e-mail, regular mail, text messaging, posting on the Company Property, or other reasonable means, now known or hereafter developed. Where the Company requires that You provide an e-mail address, You are responsible for providing the Company with Your most current e-mail address. In the event that the last e-mail address You provided to the Company is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by the Terms, the Company's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
If You believe that the Company has not adhered to the Terms, please contact the Company by emailing us at info@ibercall.com. We will do our best to address Your concerns. If You feel that Your complaint has been addressed incompletely, we invite You to let us know for further investigation.
You may give notice to the Company at the following address:
Any notice or other communication must be given will be in writing.
Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
The date of receipt shall be deemed the date on which such notice is transmitted in the case of Email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
22.9 Waiver. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
22.10 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
22.11 Accessing and Download the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
(a) You acknowledge and agree that (i) the Terms are concluded between You and the Company only, and not Apple, and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Use.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
(d) You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims You have or any claims of any third-party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and the Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or Your possession and use of that App Store Sourced Application infringes that third-party's intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to Your license of the App Store Sourced Application, and that, upon Your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to Your license of the App Store Sourced Application against You as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Terms, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
22.12 Consumer Complaints. In accordance with California Civil Code Section 1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
22.13 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties i.e., You and the Company, with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
23. CONTACTING THE COMPANY & SUBMISSIONS
If You have questions about these Terms, or if You have technical questions about the operation of the Sites, or if You have any questions, suggestions, ideas, feedback, or recommendations about these Terms of Use, the practices of our Sites, or Your dealings with us, please contact us via email at info@ibercall.com.
or by mail at: