Modern Day Psychics, COPR User Services Rules Policy
Last Updated on October 1, 2021
This User Services Rules Policy forms part of the User Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the User Agreement and related policies.
1. In addition to the terms and conditions of the User Agreement, you agree to comply with the following requirements in this Policy relating to creating listings and providing Services. Without limiting any other remedies Modern Day Psychics may have, Modern Day Psychics may immediately terminate your User Agreement without notice if Modern Day Psychics determines in its sole discretion that you have violated any of the following policies.
a. You will not provide any Services which require professional licensure, such as a physician, other health practitioner, attorney, accountant or financial planner, through the Site.
b. You will conduct all for-fee communications that you have with other Users only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.
c. You will not diagnose illnesses, provide treatments, prescribe medications or otherwise act as a medical care provider through the Site.
d. You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or
analysis concerning securities, or otherwise provide financial planning advice or related services.
e. You will not offer advice or provide any product or services related to or claiming success with lottery numbers, multi-level marketing proposals (for example, offering to help Users “get rich quickly”, “lose weight now”, or “make money surfing the web”).
f. Where applicable, you will adhere to the requirements of record keeping laws such as 18 U.S.C. section 2257 and the code of regulations applicable thereto including, but not limited to stating where records required under those laws and regulations are located or maintained with respect to your User listing or providing information so that such record locations may be readily ascertained.
g. You will only provide Services through the Site to Authorized Users. You will not provide Services to more than one User on any given Mail exchange or Conversation (defined to include any Chat or Phone Services). You agree not to take or answer Mail or Conversation (and agree to terminate such Mail or Conversation and report the incident to Modern Day Psychics by sending an email to firstname.lastname@example.org if you know or have reason to believe that (i) the individual on the call is not an authorized User or (ii) there is more than one User on the call receiving the Services.
h. Entry to the Site requires you to be at least 18 years of age or older.
i. The Site offers a variety of categories. You will use the appropriate category in which to create your listing.
j. You will not “share” listings except as follows. If you are listed in a User listing, only you may answer Mail or Conversations addressed to that listing.
k. You will not use any banner advertisements or “pop up” windows or create or include links to sites which involve e- commerce, marketing, solicitation or sale of any items of any kind, whether related to or outside the scope of your User listing, nor transmit “junk mail,” “spam,” “chain letters” or unsolicited mass distribution of email or bulletin board postings or transmit any solicitation for employees, consultants, contractors or for participation on other websites.
l. You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
m. You will not create or use separate listings for purposes of redirecting User from listings contained in Groups or otherwise circumventing revenue sharing under Group agreements or other agreements with third parties.
n. You will not create frivolous listings, repetitive listings placed across multiple categories or listings that are irrelevant to the categories under which they are created.
o. You may not create more than one (1) Live Advice listing per topic. For Recorded Advice calls, you may not create more than twenty (20) listings in total on the Site
p. You will not take any actions that may undermine the User referral system.
q. You will not leave positive feedback for yourself or other Users, using secondary User names or third parties.
r. You will not offer anything of value, including but not limited to, free services, in exchange for User feedback, or otherwise compensate Users in exchange for User feedback.
s. You will not solicit donations or contributions of any kind from Users through the Site, nor imply or suggest any of value will be provided in exchange for a donation or contribution.
t. You will not record or otherwise store any calls (in whole or in part) that you conduct with a User. Notwithstanding the foregoing, Users may provide pre-recorded voice Services (each, a “Recorded Listing” as described further on the Help page of the Site) to Users in accordance with this User Services Rules Policy.
u. Modern Day Psychics (or its licensors) owns and retains all rights in or to certain trademarks, trade names, service marks, logos and/or slogans, whether now existing or hereafter created, including but not limited to, Modern Day Psychics and Speak to Your Desire (collectively, “Trademarks”). Users may not use, reproduce or copy for commercial purposes any Trademarks in or for, without limitation, advertising, press releases or other marketing materials, without the express written permission of Modern Day Psychics. Users may request permission to use Trademarks by e- mailing email@example.com. Notwithstanding the foregoing, nothing in this User Services Rules Policy or related agreements shall be construed as granting User any rights in or license to use Trademarks.
v. Modern Day Psychics does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information and other
products or Services provided by Users, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any User or group of Users by Modern Day Psychics. You will not offer listings, create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by Modern Day Psychics of you, your listings or your Services. Modern Day Psychics reserves the right to warn, suspend or terminate at any time and without notice a User account which it determines, in its sole discretion, is transmitting or is otherwise connected with such prohibited endorsement.
w. When your status is set to “available,” you will make reasonable efforts to respond to other Users; provided, however, that nothing in this User Agreement requires a User to be available at any time or for any minimum amount of time, and such availability shall be solely in the User’s discretion to determine. Modern Day Psychics may, however, in its sole discretion, suspend or terminate a User that fails to comply with this rule.
x. Users must provide true, accurate and complete payment registration information and maintain it as current at all times. Users must immediately update the personal contact information that you provide to Keen, as applicable. Users are not permitted to use false identities or impersonate any other person or use a name that you are not authorized to use.
2. You agree to hold Modern Day Psychics harmless regarding your use of the Site.
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY MODERN DAY PSYCHICS, AND ITS OFFICERS, BOARD MEMBERS, EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED
AND UNDISCLOSED. In each case, Modern Day Psychics will provide you with written notice of such claim, suit or action. Modern Day Psychics shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.