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TERMS:
FOR ENTERTAINMENT ONLY
THIS SERVICE IS PROVIDED BY OUTLOOK AMUSEMENTS, INC. FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE PREMIUM AREAS OF THIS SERVICE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER. AT DAILY MANTRA WE WANT YOU TO ENJOY AND BENEFIT FROM OUR PROGRAMMING. OUR HOSTS MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL ADVICE AND INFORMATION. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH CALIFORNIA PSYCHICS.
The use of the Daily Mantra website (the “Web Site”) and services is governed by these Terms of Use. By using the Web Site, you acknowledge that you have read the Terms of Use and the disclaimers contained therein and that you accept and agree to be bound by the terms thereof.
Acceptance Procedure
By accessing materials on the Web Site you agree with these Terms of Use. The Web Site includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the web site and related materials.
Daily Mantra reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your access to the Web Site will be deemed to be your acceptance of and agreement to any such changed terms and conditions.
PRIVACY POLICY
Daily Mantra knows that the privacy of your personal information is important to you. Therefore, we have established this Privacy Policy. which is part of this Agreement.
OUR SERVICES
The Web Site provides offers certain products and services, including, without limitation, streaming audio transmissions originating from Daily Mantra, user-generated audio transmissions, message boards and chat services and other astrological content, reports, information, and access to telephone and e-mail consultations ( the “Services”). In addition, Daily Mantra does not permit use of the Services by residents of any jurisdiction that may prohibit our Services. You certify that the information given to Daily Mantra on registration is true and complete. Daily Mantra will not be responsible for any false statements made in registration.
THE RULES
A. Fees and Costs. Currently, Daily Mantra provides the Services free of charge to listeners. You are responsible for paying for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Web Site via the Internet. Daily Mantra reserves the right, at any time, to charge fees for access to the Web Site or for any of its Services. Daily Mantra will notify you of any such fees by posting information regarding such fees on the Web Site.
B. Content Guidelines. You agree not to post, upload or transmit to the Web Site or to Daily Mantra’s servers any sound recordings, communications, text, graphics or other information (collectively, “Material”) that:
- Is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
- Defames, abuses, harasses or threatens others;
- Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity;
- Infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
- Violates the privacy of individuals, including other users of the Web Site; or
- Violates any applicable local, state, or national laws (anywhere in the world).
Daily Mantra in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Web Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. Daily Mantra may take any action with respect to the Material if Daily Mantra believes, in its sole discretion, that the Material may create liability for itself, its affiliates or any third parties or may cause Daily Mantra to lose (in whole or in part) the services of its ISPs, vendors or advertisers. You are not permitted to use Daily Mantra’s name, URL, trademarks or other material in any manner, including, without limitation, in connection with “spam” e-mail messages or newsgroup postings.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DAILY MANTRA, OUTLOOK AMUSEMENTS, INC., NOR ANY OF its or their AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION. IN PARTICULAR, DAILY MANTRA AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
HEALTH AND FINANCIAL INFORMATION DISCLAIMER
INFORMATION PROVIDED ON THE WEB SITE AND IN DAILY MANTRA MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN ONLINE WEBCASTS, CHAT ROOMS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION FROM DAILY MANTRA IS NOT INTENDED TO BE A SUBSTITUTE FOR (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE OR INFORMATION RECEIVED THROUGH OUR SERVICES. DAILY MANTRA IS NOT ENGAGED IN THE PRACTICE OF MEDICINE 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 WEB SITE OR IN DAILY MANTRA MATERIALS OR SERVICES. DAILY MANTRA IS NOT ENGAGED IN THE BUSINSS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY DAILY MANTRA, BY A DAILY MANTRA EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY DAILY MANTRA SPONSORS OR BY OTHER USERS OF THE WEB SITE OR SERVICES IS 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 DAILY MANTRA OR ITS SPONSORS OR OTHERWISE ON THE WEB SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
General Disclaimer
THE INFORMATION PROVIDED ON, FROM OR THROUGH DAILY MANTRA, ITS SERVICES AND THE WEB SITE IS PROVIDED "AS-IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE WEB SITE AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DAILY MANTRA AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEB SITE AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, DAILY MANTRA AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DAILY MANTRA AND YOU. THE WEB SITE AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAILY MANTRA THROUGH THE WEB SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. DAILY MANTRA MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Third-Party Information
Any articles, press clippings or other third-party publications (collectively, "Publications") made available through the Web Site are furnished by Daily Mantra for your convenience and entertainment. Daily Mantra is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including program hosts, information providers or any user of the Web Site, are those of the respective author(s) or publisher(s) and not of Daily Mantra or its affiliates. DAILY MANTRA DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
RESTRICTIONS; COMPLIANCE WITH LAWS
Your right to use the Web Site and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Web Site and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the Web Site or the Services, you agree:
- not to use the Web Site or the Services for illegal purposes;
- not to interfere with or disrupt networks connected to the Web Site;
- to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Web Site or the Services to send electronic mail;
- not to use the Web Site or the Services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;
- not to use the Web Site or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
- not to interfere with any other user’s access to or use of the Web Site or the Services.
Daily Mantra reserves the right, in its sole discretion, to immediately terminate your access to and use of the Web Site or the Services without right to refund, for any violation of these Terms of Use.
Links to Sponsors and Other Third Party Sites
Certain links on the Web Site will let you leave the Web Site. These linked sites, for example those of our sponsors, are not under the control of Daily Mantra, and Daily Mantra is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Daily Mantra of any such linked site or the products therein.
Intellectual Property Rights; Inappropriate Use of WEB SITE
The contents of the Web Site, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. Daily Mantra hereby authorizes you to copy (electronically or in hard copy) materials published on the Web Site 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 Web Site 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 Daily Mantra. You may not download or store any sound recordings or Internet radio programs from the Web Site to the hard drive of your computer.
No information or statement contained in these Terms of Use or the Web Site 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 Daily Mantra, its affiliates, or any third party.
Daily Mantra may, at our discretion, limit or restrict the access and use of the Web Site of any users who infringe the intellectual property rights in the manner described above.
MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any submission you make (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law or otherwise violate the Daily Mantra Rules. By uploading Material to the Web Site or making any other Submissions to the Web Site, you hereby represent and warrant that the Submissions are entirely original and owned by you in all respects and that you have all right, title and interest in and to the Submissions and have the legal right to use such Material in the manner transmitted to Daily Mantra.
Submissions shall be deemed to be non-confidential and non-proprietary. Daily Mantra shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to Daily Mantra and the Web Site, you automatically grant to Outlook Amusements, Inc. a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, perform, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of Daily Mantra to access, view, store or reproduce the Submissions for that user’s personal use. Please note that Daily Mantra does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall not include personally identifiable information, which shall be treated by Daily Mantra in accordance with our Privacy Statement.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Daily Mantra, Outlook Amusements, Inc. its and their affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of these Terms, and (ii) your use of this Web Site or the Services.
MISCELLANEOUS
These Terms constitute the sole agreement between you and Daily Mantra and its affiliated entities relating to your use and our provision of the Web Site and the Services and the subject matter hereof. The laws of the State of California govern these Terms in all respects, without giving effect to conflicts of laws principles. Any dispute or controversy between you and Daily Mantra and its affiliated entities, or arising under or concerning performance or breach of these Terms, shall be brought exclusively in the state and federal courts having jurisdiction over Los Angeles County, California and you irrevocably consent to the exclusive personal jurisdiction and venue of those courts for such purpose. Any cause of action brought by you against Daily Mantra or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
This Terms of Use statement was last updated on February 17, 2005.
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