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 TELEMAC INC. hereinafter referred to as "TELEMAC", the "Company," or "We".
Information you provide is governed by our Privacy Policy.
If TELEMAC 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 TELEMAC’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 TELEMAC 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 TELEMAC FOR ENTERTAINMENT PURPOSES ONLY.
AT TELEMAC 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 TELEMAC. 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.
TELEMAC 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 TELEMAC 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 TELEMAC 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 TELEMAC 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 TELEMAC 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 TELEMAC.
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.
TELEMAC 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 Center (“Registration”); call our Customer Service and talk to a Customer Representative.
You certify that the information given to TELEMAC 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. TELEMAC 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, TELEMAC 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 TELEMAC with additional information that may be requested; You consent to TELEMAC '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 TELEMAC 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 TELEMAC 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 TELEMAC.
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. TELEMAC 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. TELEMAC 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 TELEMAC 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 TELEMAC 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 TELEMAC 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 TELEMAC’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. TELEMAC 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. TELEMAC 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. TELEMAC 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, TELEMAC 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 TELEMAC, its Customers, or others in contract with TELEMAC 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, TELEMAC is not legally responsible for the feedback that Customers post on its Sites, even if that feedback is defamatory. TELEMAC 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, TELEMAC 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 TELEMAC Will Consider Removing Feedback:
The feedback was written with the sole intention of describing or commenting on TELEMAC itself and not a Psychic Reader‘s service.
The feedback contains, in TELEMAC's sole discretion, profane or vulgar language or sexually-oriented content. TELEMAC 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 TELEMAC with false contact information during the registration process, and cannot be contacted.
Feedback is determined by TELEMAC in its sole discretion to be of a harassing nature, and TELEMAC 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 TELEMAC of the error.
TELEMAC may, without notice, remove old ratings or exclude ratings which TELEMAC 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 TELEMAC does not accept responsibility for these photos, TELEMAC 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 TELEMAC Chat:
Harass, threaten, or abuse Psychic Readers involved in your chat. Please use standard chat etiquette. This includes respecting the privacy of other TELEMAC 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 TELEMAC and its employees and agents; or implying that any statements you make are endorsed by TELEMAC 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. TELEMAC 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 TELEMAC, including TELEMAC 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.
TELEMAC 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. TELEMAC 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 TELEMAC’s Services.
You, and not TELEMAC, 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 TELEMAC 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 TELEMAC does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by TELEMAC 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, TELEMAC 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 TELEMAC 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 daysmay be consolidated and charged as a single charge. If a credit card charge is declined, TELEMAC 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. TELEMAC’s billing system is not fault-free; therefore, TELEMAC 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 contact@telemac-inc.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 contact@telemac-inc.com.
10.4 Refund policy
TELEMAC 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. TELEMAC 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.
TELEMAC 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, TELEMAC 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
TELEMAC 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. TELEMAC 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 TELEMAC 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 TELEMAC 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. TELEMAC 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. TELEMAC 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 TELEMAC, 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 TELEMAC 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) TELEMAC 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 TELEMAC, nor are they customers of our company. TELEMAC uses stock images to protect the confidentiality of its Psychic Readers.
(g) TELEMAC 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 TELEMAC bears no responsibility in this regard.
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;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 legal@telemac-inc.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.
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.
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 soelely to residents of the United States as TELEMAC is headquartered in USA.
THE 7TH CIRCLE Company is a contact service center (CSC) located in Europe (Spain) that provides CSC services mainly to EU customers under TELEMAC INC’s governance. In case of Force Majeure (see article 22.5) where TELEMAC INC fails to perform, THE 7TH CIRCLE may provide CSC services to US customers also as long as Force Majeure applies
For service charge collection provided by THE 7TH CIRCLE Company, 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 TELEMAC is headquartered in USA.
For service charge collection provided by THE 7TH CIRCLE 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 legal@telemac-inc.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 contact@telemac-inc.com or by phone at the following numbers:
or by mail at:
Last Updated: February, 27th 2020
PLEASE READ THIS PRIVACY POLICY 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 Privacy Policy ("Agreement"). This is a legal agreement between you and TELEMAC INC. hereinafter referred to as "TELEMAC", the "Company," or "We".
We know that the privacy of Your personal information is important to You. The personal information You submit to TELEMAC by visiting and using TELEMAC's websites and mobile applications (collectively, the "sites"), telephone and chat psychic readings (collectively, the "services”)is governed by this Privacy Policy, which is incorporated herein by reference and made a part of the Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.
This Privacy Policy describes how we use, store, disclose, and process information that we obtain about You through any of our Sites or using our Services.
Although this Privacy Policy applies to residents of the United States only, if you live in the European Economic Area (EEA), the Company is subject to the European General Data Protection Regulation 2016/679 EU's General Data Protection Regulation (the "GDPR") which you can read more about in Section 12 herein. Should You have any questions regarding the protection of Your personal data please contact us at privacy@telemac-inc.com or by phone at the following numbers:
or by mail at:
PLEASE NOTE THAT BY USING OR ACCESSING ANY SITES OR SERVICES TO WHICH THIS PRIVACY POLICY IS POSTED OR LINKED OR PROVIDED, YOU CONSENT TO THE TERMS OF THIS PRIVACY POLICY.<
1. What types of information do we collect and how do we collect it?
2. How do we use information collected about You?
3. How long do we maintain Your personal data?
4. To whom do we disclose information collected about You?
5. What are our policies for cookies and similar technologies?
6. How do we secure information collected about You?
7. Do our Sites support "DO NOT TRACK" signals?
8. Do we share information about You with third parties for their own direct marketing purposes?
9. What are the policies of linked websites and other third parties?
10. What is our policy on use of our Sites by children?
11. How can You correct, update or make choices about the information collected about You that we are storing?
12. Additional disclosures for Customers based in the European Union.
13. What are the terms regarding any future changes to this privacy policy?
14. What law governs any disputes regarding this privacy policy?
15. How can You contact us?
1. WHAT TYPES OF INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
TELEMAC collects various types of personal information about you, both online and offline, during the course of our business relationship. There are several ways we may obtain information about you, including through information you provide to us directly and information that we automatically collect. This includes data that identifies you personally whether directly (e.g., your name) or indirectly (e.g., information about your online use). When You use or access any of our Sites or Services, we may collect a variety of information about You and others, as described below.
A. Personal Data About You That You Provide.
When You use or access any of our Sites or use our Services, we may ask You to provide us with certain Personal Data, including but not limited to some or all of the following: Your first name, last name, username, email address, telephone number, current mailing addresses, credit or debit cards, payment address, driver's license number or other government issued identification number (or a copy of Your driver's license or other government issued identification card), date of birth, time of birth, birth location, and time zone. You may be asked for this information at various times when interacting with our Sites or use our Services, such as when registering to be a Customer of any of our services, when making a purchase through any of our Sites, or when filling out a form or participating in a promotion through our Sites.
B. Personal Data About You That We Collect Via the Sites.
When You use or access any of our Sites, we may also collect certain personal data through automated means, including but not limited to, machine ID, geolocation information, computer and connection information, browser type, Internet Protocol ("IP") address (a number that is automatically assigned to Your computer when You use the Internet, which may vary from session to session), and date and time stamps for Your visits. We also may collect any telephone number from which You contact us.
C. Information About You That We Collect from Others.
We may collect information about you from other online sources or from third party sources to help us tailor our communications to you, to improve our Sites and Services or any other purposes.
D. Information Collected by Third-Party Integrated Software Within the Sites.
As with many operators of websites and mobile applications, we may incorporate third-party ads, offerings, and other technologies (such as plugins, pixels, and cookies) into our Sites, enabling the third parties operating such ads, offerings, and other technologies to collect usage, demographic, and other information (including personal data) about You and Your online activities through Your use of our Sites and across other websites and applications. Any information collected through such integrated ads, offerings, or other technologies on our Sites is collected directly by those third parties for use and disclosure subject only to any applicable privacy policies of such third parties.
E. Other Information That We Collect Via the Sites.
When You use or access our Sites, we also may collect certain information associated with Your activities on our Sites, including information about the way You interact with our Sites or any content or advertising thereon, statistics regarding Your page views and traffic to and from our Sites, and the number of bytes transferred, hyperlinks clicked, and other actions You take on our Sites. Each of our Sites also track some of Your web-browsing activity. For example: some of our Sites track the URL that You visited before visiting our Sites and the URL You leave our Sites for. As with most websites and digital Sites, we also employ cookies, pixel tags, web beacons, and similar technologies on our Sites to collect and store certain information about visitors to our Sites, to improve our services and advertising, and to help us remember You and Your preferences when You revisit our Sites. For more information, please see our Cookies Policy section 5 hereunder.
F. Information in Your Inquiries and Posts.
We also collect any information You send to us through any of our Sites, including information about You in correspondence, mail, emails and responses to our customer service communications. We also collect information from content You post in online reviews, comments on our Sites.
G. Telephone call monitoring and recording
Calls may be monitored or recorded for record-keeping, training, quality assurance and legal purposes.
H. Chat message or text correspondence monitoring and recording
Chat messages or text correspondence may be monitored or recorded for record-keeping, training, quality assurance and legal purposes.
2. HOW DO WE USE INFORMATION COLLECTED ABOUT YOU? The Company may use the information we collect from and about you for a variety of business purposes, as presented below. We are committed to protecting and maintaining the privacy of your information. Therefore, we will process your personal data only in accordance with applicable personal data protection law and this Privacy Policy.
We will have a lawful basis for processing your personal data if:
- We need to process your information in order to provide you with the Sites and Services you have requested or to enter into a contract;
- You have consented to such processing;
- We have a legitimate interest for processing your personal data – e.g., for fraud prevention; network and information systems security; data analytics; enhancing, modifying or improving our services; identifying usage trends; determining the effectiveness of promotional campaigns; and personalization of the service using personal data to make it easier and faster for you to place orders; and/or
- We are required to do this by law (for example, where it is necessary to retain it in connection with potential litigation).
TELEMAC may use the information we collect from and about you for any of the following purposes:
- To confirm Your identity;
- To administer Your account on any of our Sites;
- To administer Your Registration;
- To provide You with the services that you have requested. For example, if you sign up for horoscopes we will send you horoscopes.
- To respond to your inquiries, fulfill orders, and contact and communicate with you when necessary;
- To develop new products or services and to conduct analysis to enhance current products and services;
- To review the usage and operations of our Sites and improve the design and content of our Sites;
- To personalize your experience on the Sites and provide you with customized content, targeted offers, and advertising on the Sites or via email;
- To contact you with information, newsletters, and promotional or other marketing materials offering products or services from TELEMAC INC or on behalf of our partners, affiliates, or subsidiaries that we think you may be interested in;
- To use your personal data in an aggregated non-specific format for analytical and demographic purposes (this processing may involve profiling – for example to create audiences based on demographic or location based information for marketing and customization purposes);
- To address problems with the Sites or Services or our business;
- To contact You regarding customer service;
- To inform You of changes made to our Sites or Services;
- To enforce our Sites' policies and terms of service, and investigate potential violations of such policies or terms;
- To manage our telecommunications networks;
- To protect the security or integrity of the Sites and our business;
- As otherwise described to you at the point of personal data collection; and
- To use and disclose your credit/debit card or payment account information only to process payments and prevent fraud.
Compliance with Do Not Call List Registry – Federal Trade Commission (FTC)
You may choose not to receiving telemarketing sales calls by registering your phone number to the FTC’s National Do Not Call Registry.
TELEMAC will not place phone calls to You, provided You have asked to be on the TELEMAC-specific Do Not Call list.
TELEMAC may call You if an established business relationship exists between You and TELAMAC. By formerly accepting and agreeing to the Terms of Use, You become a TELEMAC’s Customer, and therefore a business relationship is established between You and TELEMAC. Consumers visiting our Sites without registration or opening an account are considered as Prospects.
As a Customer, we may call You within 18 months after the date of the latest contact with TELEMAC.
As a Prospect, we may call You within 3 months after the date of the latest contact with TELEMAC.
3. HOW LONG DO WE MAINTAIN YOUR PERSONAL DATA We will store Your personal data for no longer than is necessary for the purpose for which such personal data is processed. Please note, however, that we may retain and use Your personal data as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements and rights, or if it is not technically and reasonably feasible to remove such information from our databases, which means that we may retain and use Your personal data as necessary after You stop using our Sites and Services. Subject to the foregoing, we will endeavor to delete Your personal data promptly upon Your written request.
The retention periods for personal data in TELEMAC 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 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 TELEMAC 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. TO WHOM DO WE DISCLOSE INFORMATION COLLECTED ABOUT YOU? We may share or disclose information about You to third parties in the following situations:
A. Other Customers.
In connection with making the Sites available to our Customers, we may disclose certain information about You (including Your firstname, username, and date of birth) to other Customers of the Sites, solely as directed by You or as authorized under our terms of service for the applicable Platform (e.g., testimonials).
B. Our Affiliates.
We may disclose information collected about You to our affiliates—that is, to any entity that controls, or is controlled by, or is under common control with TELEMAC. However, personal data collected about You by one entity in our corporate family will not be disclosed to any affiliate (i.e., to any other entity in our corporate family) for their direct marketing purposes, without Your consent.
C. Third-Party Service Providers.
We also disclose information collected about You to our third-party service providers and other partners who perform services on our behalf in connection with any of the Sites and Services. The services provided by such third parties and partners include services in the following categories:
Unless You consent, we do not permit our service providers to use such information in order to market their own products or services to You directly. When we transfer any of Your personally identifiable information to such a service provider or partner, that entity will be contractually required, among other things, (a) to use such information only to carry out those services that we have requested, (b) to abide by this Privacy Policy, and (c) to provide adequate protection for such information (as required by applicable legal requirements).
D. Third-Party Operators of Integrated Technologies.
As noted above, information about You collected via third-party ads, offerings, and other technologies integrated with any of our Sites will be collected directly by (and thus disclosed to) the third parties providing or operating such ads, offerings, or other technologies. Any such information may be used and further disclosed subject only to any applicable privacy policies of such third parties. For more information about our practices in this area, please see our Cookies Policy linked in the footer of such Platform.
E. General Public.
We may share with the general public via our Sites, or re-publish on a third-party website, any information that You post as a Customer of one of our Sites. This may include information that identifies You (by username or otherwise).
F. Third Parties Involved in Business Transition.
We may share information about You collected through the Sites to one or more third parties in connection with or during negotiation of any merger, financing, acquisition or dissolution, transition, or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, such information may also be transferred as a business asset. If another company acquires any of our companies, businesses or assets, that acquiring company may acquire the information about You collected by us through our Sites or Services. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all of the terms of this Privacy Policy following such transaction.
G. Our Advisors.
We may also share information collected about You with our auditors, legal advisors, and similar third parties in connection with our receiving their professional services, subject to standard confidentiality obligations.
H. Law Enforcement.
We may disclose information about You to the government or to third parties under certain circumstances when legally obligated to do so, such as in connection with suspected illegal activity in connection with the Sites, or to respond to a subpoena, court order or other legal process, or that we believe may aid a law enforcement investigation. We reserve the right to release information collected through the Sites to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.
I. Legal Processes.
We may share all types of information with others as required by, or permitted by, law. This may include sharing all types of information with governmental entities, or third parties in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.
J. Psychic Readers
Note that our Psychic Readers are employees of affiliated companies or independent contractors not employed directly by TELEMAC. We contractually require that our Psychic Readers protect the privacy of your personal information consistent with this Privacy Policy and not use or disclose your personal information for any purpose other than providing You with the Services you request through the Sites or by phone. You should also take care to protect your personal information and privacy. There is no reason that you should provide any of our Psychic Readers with personal contact information, specific financial information, including, but not limited to, account numbers or other confidential information related to your identity. It is a violation of our Terms of Use for you to be in direct contact with any of our Psychic Readers outside the Services – if you do so, TELEMAC bears no liability for any resulting actions, and your ability to use our services may be revoked.
K. Other Third Parties.
We may share information with other third parties that are not described above if You give us consent to do so. Otherwise, when we do so we will endeavor to either aggregate or de-identify the information so that a third party would not be likely to link data to You, Your computer, or Your device. Aggregation means that we combine the information of numerous people together so that the data does not relate to any one person. De-identify means that we remove or change certain pieces of information that might be used to link data to a particular person.
5. WHAT ARE OUR POLICIES FOR COOKIES AND SIMILAR TECHNOLOGIES?
Like many websites and applications, our Sites uses cookies and other technologies (such as web beacons, web storage, and unique advertising identifiers) for different purposes. ln this Privacy Policy, we refer to all of these technologies as "cookies." Through cookies, we are collecting information about Your device and Your activity, for example Your browser type and browser information, Your computer's operating system, Your IP address, the pages You viewed or the features You used.
A. WHAT IS A COOKIE?
A cookie is a small text file stored by Your web browser on Your computer or mobile device. Some cookies are essential for our Sites to work and help us provide You with relevant information. They also allow us to recognize Your computer (but not specifically who is using it) when You access our Sites and to improve the usability and performance of our Sites.
B. WHAT DO WE USE COOKIES FOR?
We use cookies to make our Sites easier to use and to better tailor the online experience to Your interests and needs. Cookies may also be used to help speed up Your future activities and experiences on our Sites. We also use cookies to compile anonymous, aggregated statistics that allow us to understand how people use our Sites and to help us improve their structure and content. We cannot identify You personally from this information.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our Sites. They include, for example, cookies that enable You to log into secure areas of our Sites or use our shopping basket services.
- Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Sites when in use. This helps us to improve the way our Sites work, for example, by ensuring that Customers are finding what they are looking for easily.
- Functionality cookies. These are used to recognize You when You return to our Sites. This enables us to personalize our content for You, greet You by name and remember Your preferences (for example, Your choice of language or region).
- Targeting cookies. These cookies record Your visit to our Sites, the pages You visit and the links You followed. We may use this information to make our Sites more relevant to Your interests.
C. DO WE USE THIRD PARTY COOKIES?
The only third-party cookies which may be used on our Sites are those that track Customer interaction with our Sites in order for us to monitor traffic levels, Customer interaction and goal conversion. These cookies are used purely to help us improve the service we offer to our visitors and the information collected cannot and will not be used to identify individuals.
D. TURNING OFF AND DELETING COOKIES
You may refuse to accept cookies by activating the setting on Your browser which allows You to refuse the setting of cookies. If You select this setting You may be unable to access certain parts of our Sites. Unless You have adjusted Your browser settings so that it will refuse cookies, our system will issue cookies when You access our Sites. If You use different devices to view and access our Sites (for example, Your computer, smart phone, tablet etc.) You will need to ensure that each browser on each device is adjusted to suit Your cookie preferences.
If You disable the cookies that we use this may impact Your experience while on our Sites.
E. OTHER IDENTIFICATION TECHNOLOGIES THAT MAY BE USED BY OUR SITES
Pixel tags (also called beacons or pixels) – these are small blocks of code installed on (or called by) a webpage or application, which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, website visited, time of visit, referring website, IP address and other similar information.
Software Development Kits (also called SDKs) - function like pixels and cookies, but operate in the mobile application context where pixels and cookies cannot always function. The application developer can install pieces of code (the SDK) into the application to collect certain information about Customer interaction with the application and information about the Customer device and network information.
F. MORE INFORMATION
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.
6. HOW DO WE SECURE INFORMATION COLLECTED ABOUT YOU?
The Company is committed to handling your customer information with high standards of information security. We have implemented and follow reasonable industry standard technical and procedural measures (including encryption of certain information) intended to protect against unauthorized access and use of information collected in connection with the use of our Sites and Services.
We maintain physical, electronic and procedural safeguards that comply with federal regulations and generally accepted standards to guard your nonpublic personal information, both during transmission and once we receive it. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
In addition, we contractually require that our Psychic Psychic Readers protect the privacy of your personal information consistent with this Privacy Policy and not use or disclose your personal information for any purpose other than providing you with the services you request through the Sites, through chat or by telephone.HOWEVER, PLEASE NOTE WE CANNOT FULLY ELIMINATE THESE RISKS AS, DESPITE OUR BEST INTENTIONS, NO TECHNOLOGY IS COMPLETELY SECURE. OUR SITES ARE OPERATED ON DIGITAL NETWORKS, SOFTWARE, AND HARDWARE, ANY COMPONENT OF WHICH MAY, FROM TIME TO TIME, EXPERIENCE BREACHES OF SECURITY OR OTHER ISSUES BEYOND OUR CONTROL.
Accordingly, we cannot guarantee that any information collected about You, whether during transmission or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others who do not have Your authorization. Any such transmission or sharing is done at Your own risk.
You also play a role in protecting Your personal information. Please do not share Your username or password with others.
7. DO OUR SITES SUPPORT "DO NOT TRACK" SIGNALS?
At this time, our websites do not support "Do Not Track" preferences ("DNT”). When available, DNT preferences are located in Your browser and inform websites that You do not want them collecting certain kinds of information. If You turn on the DNT settings on Your browser, our websites are not currently capable of following whatever DNT preferences You set. For more information about Do Not Track, visit donottrack.us.
8. DO WE SHARE INFORMATION ABOUT YOU WITH THIRD PARTIES FOR THEIR OWN DIRECT MARKETING PURPOSES?
We do not disclose Your personal data to third parties for their own direct marketing purposes without Your consent.
9. WHAT ARE THE POLICIES OF LINKED WEBSITES AND OTHER THIRD PARTIES?
Our Sites do not contain links to other websites that are not covered by this Privacy Policy and where information practices may be different from ours.
In addition, The Sites may offer you the ability to interact with social plugins from social media sites, such as the Facebook Like and Share buttons, and other widgets and interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Sites. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites. In addition, we may receive certain information about you from a third-party social network if you choose to link to us or use certain social media features, based on your registration and privacy settings on those third-party services.
10. WHAT IS OUR POLICY ON USE OF OUR SITES BY CHILDREN?
Our Sites are not designed or intended to be used by children under the age of 18, and we do not knowingly collect personally identifiable information from children under 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE ANY OF OUR SITES AT ANY TIME OR IN ANY MANNER.
If You learn that Your child under 18 has provided us with personal information without Your consent, please contact us. We will delete that data from our systems.
11. HOW CAN YOU CORRECT, UPDATE OR MAKE CHOICES ABOUT THE INFORMATION COLLECTED ABOUT YOU THAT WE ARE STORING?
A. General.
If any of Your personal data that we are storing changes, or if You no longer desire our services, You may correct, update, or delete information about You, or ask that it be removed from public testimonials on our Sites, by calling our Customer Service at the numbers at the end of these Terms or emailing us at privacy@telemac-inc.com.
For some information, You may also log-in to Your account on the applicable Sites and making changes in Your account settings. We will attempt to respond to Your request within 30 days. In some cases, we may not be able to delete Your personal data, in which case we will endeavor to let You know that we are unable to do so and why. For example, we may be required (by law or otherwise) to keep certain information and not delete it (or to keep this information for a certain time, in which case we will comply with Your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
B. Stopping Certain Communications from Us.
(i). Emails. We may communicate with You by email at various times about Your account, registration and transactions, as well as regarding various customer service matters, customer surveys, and promotions - including special offers and updates about new products and services. You can choose to stop receiving promotional emails from us at any time simply by following the "Unsubscribe" or "Manage Email Preferences" link at the bottom of any promotional email, or by logging into Your account on the applicable Sites and changing Your account preferences. Please note that You may not opt out of receiving non-promotional emails regarding Your account, Your registration or Your transactions with us.
(ii). Service-Only Telephone Calls or Text Messages. If You voluntarily provide Your telephone number to us, You will be agreeing that we (including our affiliates and agents) can call or text You at that number (including via an automated dialing system or prerecorded message) to respond to Your request for our services and to communicate with You regarding Your account or Your Registration or a transaction with us. If You wish to stop receiving such service-only calls or texts at any time, You may do so by logging into Your account and clicking the "Personal Information" link under the menu icon, and changing Your account preferences; by calling our Customer Service at the numbers at the end of these Terms or by emailing us at privacy@telemac-inc.com ; or (for texts only) by responding "STOP" to any such text message.
(iii). Telephone Marketing Calls. If we have provided You the option to consent to receive telephone marketing calls from us (including via an automated dialing system or prerecorded messages), please note that Your decision to consent to receive such promotional calls or messages is voluntary and is not required to purchase or use any of our products or services. If You have provided consent to receive telephone marketing calls from us, but You wish to revoke such consent, You may do so by any reasonable means, including ; by calling our Customer Service at the numbers at the end of these Terms or emailing us at privacy@telemac-inc.com and stating that You wish to revoke such consent.
(iv). Text Message Marketing. If we have provided You the option to consent to receive promotional text messages from us (including via an automated dialing system), please note that Your decision to consent to receive such promotional text messages is voluntary and is not required to purchase or use any of our products or services, and that standard message and data rates may apply. If You have provided consent to receive promotional text messages from us, but You wish to revoke such consent, You may do so by any reasonable means, including ; by calling our Customer Service at the numbers at the end of these Terms or emailing us at privacy@telemac-inc.com and stating that You wish to revoke such consent, or by responding "STOP" to any such message.
Please note that while any changes you make will be reflected in active Customer databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
12. ADDITIONAL DISCLOSURES
FOR CUSTOMERS BASED IN CALIFORNIA
Under California law, if you are a resident of California (California Civil Code Section 1798.83), you may make a written request to the Company for information about how we have shared your personal information with third parties for their direct marketing purposes during the prior calendar year, as well as a list of categories of information shared. For purposes of this California Privacy Rights notice, third parties include companies within our "family" of companies, such as those companies we own, that own us, or under common control with us. To make such a request, please send an email to privacy@telemac-inc.com.
California customers may request further information about our compliance with this law by e-mailing privacy@telemac-inc.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
FOR CUSTOMERS BASED IN THE EUROPEAN ECONOMIC AREA
A. General.
These policies apply soelely to residents of the United States as TELEMAC is headquartered in USA. However by using any of our Sites in the European Economic Area, You acknowledge that Your personal data may be accessed by us or transferred to us in USA and to our affiliates, partners, and service providers who are located around the world; and that Your personal data will be transferred to, and stored and processed in USA or elsewhere in the world where our servers are located
Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. We also comply with certain legal frameworks relating to the transfer of data, such as the EU-US Privacy Shield Frameworks.
If you are based in the European Economic Area, the European General Data Protection Regulation 2016/679 applies and we will only process your personal data for a purpose described in this Privacy Policy if (1) you have provided your consent (which can be withdrawn at any time), (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) the processing is necessary for the purposes of our legitimate commercial interests (except where such interests are overridden by your rights and interests).
B. Rights Under the GDPR
If you are based in the European Economic Area, in accordance with the European General Data Protection Regulation 2016/679 (GDPR), and in certain circumstances, you have rights in relation to your personal data that we hold about you—specifically:
1. Request access to your personal data. You may have the right to request access to any personal data we hold about you as well as related information, including the purposes for processing the personal data, the recipients or categories of recipients with whom the personal data has been shared, where possible, the period for which the personal data will be stored, the source of the personal data, and the existence of any automated decision making.
2. Request correction of your personal data. You may have the right to obtain without undue delay the rectification of any inaccurate personal data we hold about you.
3. Request erasure of your personal data. You may have the right to request that personal data held about you be deleted.
4. Request restriction of processing your personal data. You may have the right to prevent or restrict processing of your personal data.
5. Request transfer of your personal data. You may have the right to request transfer of your personal data directly to a third party where this is technically feasible.
Also, where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to any EU Data Protection Authorities.
You can exercise any of these rights by calling our Customer Service at the numbers at the end of these Terms or by emailing us at privacy@telemac-inc.com.
Please note that while any changes you make will be reflected in active Customer databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
C. Restrictions on Use of Your Personal Data to Promote Third-Party Products and Services.
If you are based in the European Economic Area, we will only send you direct marketing communications related to third party products and services, if you have given your consent to receiving such marketing communications. We will ask for your consent to receive such marketing communications when you first provide your personal data.
You can choose to stop receiving any direct marketing communications from us at any time simply by following the "Unsubscribe" or "Manage Email Preferences" link at the bottom of any promotional email, or by logging into your profile on the applicable Sites and making changes in your account settings, or by responding "STOP" to any text message. Please note that you may not opt out of receiving non-promotional communications regarding your account, registration or your transactions with us.
D. EU-US Privacy Shield frameworks
As described in our Privacy Shield certification, we comply with the EU-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland, respectively. The Company has certified that it adheres to the Privacy Shield Principles. The Company remains responsible for any of your personal information that is shared under the Onward Transfer Principle with third parties for external processing on our behalf, as described in the Section 4. To learn more about the Privacy Shield programme, and to view TELEMAC's certification, please visit the Privacy Shield website.
If you have an inquiry regarding our privacy practices in relation to our Privacy Shield certification, we encourage you to contact us at privacy@telemac-inc.com. The Company is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC). You may also refer a complaint to your local data protection authority and we will work with them to resolve your concern. In certain circumstances, the Privacy Shield Framework provides the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.
E. Model contract clauses
The European Commission has approved the use of model contract clauses as a means of ensuring adequate protection when transferring personal data outside of the European Economic Area. By incorporating model contract clauses into a contract established between the parties transferring personal data can be protected when transferred outside the European Economic Area to countries (other than USA) which have not been deemed by the European Commission to adequately protect personal data.
13. WHAT ARE THE TERMS REGARDING ANY FUTURE CHANGES TO THIS PRIVACY POLICY?
We reserve the right to update or modify this Privacy Policy from time to time, with any such changes to be effective prospectively. Please visit this web page periodically so that You will be apprised of any such changes. Your continued use of any of our Sites and Services after any modification to this Privacy Policy will constitute Your acceptance of such modification.
14. WHAT LAW GOVERNS ANY DISPUTES REGARDING THIS PRIVACY POLICY?
You agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of Florida, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the terms and limitations of our Terms of Use or any other agreement we may have with You.
These policies apply soelely to residents of the United States as TELEMAC is headquartered in USA. However, for European Union residents, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of France, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the terms and limitations of our Terms of Use or any other agreement we may have with You.
If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced.
If You enter into a contract with us that requires, or contemplates, collecting, using, sharing, or securing information about You in a manner that is different than that which is described in this Privacy Policy, the terms of that contract will apply.
15. HOW CAN YOU CONTACT US?
If You have any questions or concerns regarding this Privacy Policy, please contact us via email at privacy@telemac-inc.com or by phone at the following numbers:
or by mail at :
Last Updated: February, 27th 2020
Web Site editor:
Address:
Telephone numbers:
The consultation of the TELEMAC INC’s Web Site or Mobile Application does not require the provision of the users’ personal data. However certain services are only accessible after the fill in of the user’s personal data.
European Economic Area's General Data Protection Regulation (GDPR):
The collection and processing of personal data comply with European Economic Area's General Data Protection Regulation (GDPR). The user has a right of access, modification, suppression to its personal data and right of objection that he can exercise by contacting the Data Protection Officer of TELEMAC INC (see contact details below).
Data Protection Officer contact details:
By mail:
By phone:
By email:
Intellectual property
The presentation and each element of the TELEMAC INC’ Web Site or Mobile Application including trademarks, logos, photographs, domain names, any graphical element belong exclusively to and/or are licensed by TELEMAC INC or its licensors and are protection by intellectual property laws.
Last Updated: March, 26th 2019
1. The psychic readers will perform their work independently with sincerity, honesty, objectivity and quality.
2. The psychic readers are sworn to professional secrecy and confidentiality.
3. The psychic readers have an obligation to deliver the service using their tools, their knowledge, their experience, their gift. They cannot guarantee the accuracy of their prediction or express any level of certainty.
4. The psychic readers will not use personal information of the customer for purposes other than delivery of the service.
5. The psychic readers will not intend to make personal contact toward any customer of the company, in any capacity, personal or commercial or through social media, during and outside their working time.
6. The psychic readers will respect the free will of their customers and are not allowed to exercise any undue influence on them.
7. The psychic readers will not perform any occult work (exorcism, witchcraft, magic, medium spirits) and are not allowed to refer to health conditions.
8. The psychic readers are not allowed to encourage any customers to gamble and/or to refer about legal matters.
9. The Psychic Readers will not intend 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.
10. The psychic readers will not create situations designed to take advantage of the fragility or naivety of their customers nor to abuse their trust.
11. The psychic readers are not allowed to provide a psychic reading to: anyone under the age of 18 and any person under legal guardianship and/or not in charge of their own finances.
12. The psychic readers will promote the image of the company through text messages, smartphone, internet and phone sessions, with respect to content and quality expected in our service.
13. The psychic readers will not take advantage of customers financially after being made aware of the customer’s finances.
14. The psychic readers will not denigrate or tarnish the name of another psychic in order to attract customers.
15. Any discrimination or harassment of any psychic readers or customers because of race, color, national or ethnic origin, age, religion, disability, sex, sexual orientation, gender identity and expression, veteran status or any other personal characteristic is prohibited.
By clicking on the 'I request to be called back' button below, you acknowledge that you are over 18 years of age and you agree to our terms of use and privacy policy.
The information collected by TELEMAC INC is subject to data processing, the purpose of which is to offer you and keep you regularly informed about psychic service offers. Click here to find out more about the processing of your personal data and your rights
Etes-vous toujours avec moi ?
This Terms of Use statement was last updated on July 4th, 2013.
FOR ENTERTAINMENT ONLY
THIS SERVICE IS PROVIDED BY TELEMAQUE SAS FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE OF LEGAL AGE (I.E., AGE OF MAJORITY IN ACCORDANCE TO THE LAW IN YOUR JURISDICTION – IN MOST CASES 18) TO USE THE TELEMAQUE SAS WEBSITES (THE “SITE”) AND/OR ANY SERVICES PROVIDED BY TELEMAQUE SAS, INCLUDING BUT NOT LIMITED TO ASTROLOGICAL CONTENT, REPORTS, INFORMATION, ACCESS TO TELEPHONE, E-MAIL, AND ONLINE CHAT CONSULTATIONS (COLLECTIVELY THE “SERVICES”) WHICH MAY OR MAY NOT BE OFFERED THROUGH THIS SITE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER. AT TELEMAQUE SAS WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR PSYCHIC READINGS. 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. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH TELEMAQUE SAS.
The use of the Site and Services is governed by these Terms of Use. By using the Site, you acknowledge that you have read these 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 Site and/or using the Services, you agree with these Terms of Use. The Site includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the Site and related materials. TELEMAQUE SAS reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your access to the Site will be deemed to be your acceptance of, and agreement to, any such changed terms and conditions.
PRIVACY POLICY
TELEMAQUE SAS knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy which is part of this statement.
OUR SERVICES
The Site provides astrological content, reports, information, and access to telephone and e-mail and chat consultations (“Content”). Although the Content may be viewed via a standard Internet connection and the Site and certain e-mail/offerings are free and open to the public, certain services may require registration and/or payment (the “Services”). In addition, TELEMAQUE SAS does not permit use of the Services by residents of any jurisdiction that may prohibit our Services. You certify that the information given to TELEMAQUE SAS on registration is true and complete. TELEMAQUE SAS will not be responsible for any false statements made in registration.
SERVICES AND RATES
TELEMAQUE SAS offers one type of paid services on this Site: telephone consultations. Key features include the use of tarot and numerology tools to perform your psychic readings.
You will get personalized, private and confidential readings from the psychic reader of your choice. Our psychic readers are available 7 days a week from 8 a.m. to 3 a.m. US Eastern Standard Time.
For telephone consultations, two means of payment can be used:
- Direct phone billing using Premium Rate Number (1 900 type – available only from Canada)
- Credit Card payment using our telephone automated service
For direct phone billing (available from Canada only), a unique rate applies: CAD2.99/min.
For Credit Card payment using our telephone automated service, our rates for different psychic readings for a single telephone call are as follows:
- The Express Psychic reading at USD39.99 for up to 10 minutes;
- The Comfort Psychic reading at USD49.99 for up to 20 minutes;
- The Extended Psychic reading at USD59.99 for up to 30 minutes.
Before your psychic reading, you should choose the consultation that best suits you and then make a one-time payment by credit card. Once on the phone with your psychic reader, he or she will transfer you to an automated service which will allow you to make such payment. Please note that if you terminate the call before the maximum amount of time allotted pursuant to your express, comfort or extended psychic reading, you will lose such remaining minutes. We do not give refunds.
Once you have used all of the minutes purchased during your telephone call, you will hear a bell alerting you that one (1) minute is remaining for the type of reading you purchased.
You expressly understand and agree that you are responsible for any time spent on the phone with one of psychic readers. Neither TELEMAQUE SAS 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 consultation.
GENERAL RULES OF SERVICE
TELEMAQUE SAS 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 TELEMAQUE SAS.
All payments using our telephone automated service must be made by VISA, MasterCard or American Express credit cards. All credit card purchases must be made by the cardholder. We do not accept any other payment form. All payments using our telephone automated service are made in US Dollars (USD). We do not give refunds.
Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. 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 TELEMAQUE SAS’ Services.
You, and not TELEMAQUE SAS, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases at the rates in effect when the charges were incurred. Unless you notify TELEMAQUE SAS 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 TELEMAQUE SAS does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by TELEMAQUE SAS or its agents.
We reserve the right to refuse service to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, and/or otherwise violates applicable laws when using the Site or using our Services. Furthermore, a psychic reader has the right to terminate any correspondence as a result of your use of the Site at any time if a customer’s comments and/or behavior is deemed by the 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. Any such report made by a psychic reader to us shall not be deemed a violation of our Privacy Policy.
We reserve the right to change these Rules of Service, discounts on other bonus point promotions at any time without notice.
TELEMAQUE SAS does not make any warranty as to the completeness of the information provided by psychic readers regarding rates, plans and pricing. Please refer to these Terms of Use for such details. You agree that you will have any statements that are abusive, discriminatory, defamatory, obscene, pornographic or otherwise inappropriate. TELEMAQUE SAS may at any time discontinue a phone consultation if you breach these Terms of Use or if you misuse the Services in any way. Please do not disclose to a psychic reader your account number, Internet username, PIN or password during a consultation. Please note that psychic readers will not ask you for any of the foregoing information.
LIMITATION OF LIABILITY
WE DO NOT GUARANTEE THAT OUR PSYCHIC READERS’ PREDICTIONS WILL COME TRUE, BUT WE DO OUR BEST TO ENSURE THAT YOU ENJOY THE READING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER TELEMAQUE SAS, NOR ANY OF ITS AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), NOR ANY OFFICERS, DIRECTORS, EMPLOYEES, OR THIRD-PARTY CONTRACTORS OF TELEMAQUE SAS OR OF ITS AFFILIATES 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, TELEMAQUE SAS AND ITS AFFILIATED ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR THIRD-PARTY CONTRACTORS 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.
DISCLAIMER - NO PROFESSIONAL ADVICE
INFORMATION PROVIDED THROUGH OUR SERVICES, ON THE SITE AND IN TELEMAQUE SAS 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 TELEMAQUE SAS 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. TELEMAQUE SAS 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 TELEMAQUE SAS SITE OR IN TELEMAQUE SAS MATERIALS OR THROUGH OUR SERVICES. TELEMAQUE SAS 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 TELEMAQUE SAS, BY A TELEMAQUE SAS EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY TELEMAQUE SAS SPONSORS OR BY OTHER USERS OF THE TELEMAQUE SAS 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 TELEMAQUE SAS OR ITS SPONSORS OR OTHERWISE ON THE SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
GENERAL DISCLAIMER
THE INFORMATION PROVIDED ON, FROM OR THROUGH TELEMAQUE SAS, ITS SERVICES AND THE 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 SITE AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TELEMAQUE SAS AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, TELEMAQUE SAS 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 TELEMAQUE SAS AND YOU. THE 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 TELEMAQUE SAS THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. TELEMAQUE SAS MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER TELEMAQUE SAS, NOR ANY OF ITS AFFILIATES HAS ANY RESPONSIBILITY OR OBLIGATION TO NOTIFY YOU OF YOUR ACCUMULATED CHARGES OR OTHER EXPENSES WITH US. THE AMOUNT OF TIME YOU SPEND WITH THE READERS WILL BE REFLECTED IN YOUR CHARGES AND IS SOLELY AT YOUR OWN ELECTION OR CHOICE. TELEMAQUE SAS DOES NOT MONITOR USAGE PATTERNS AND IS UNDER NO OBLIGATION TO ANY CUSTOMER TO TAKE ANY ACTION OR TO REFRAIN FROM TAKING ANY ACTION WITH RESPECT TO USAGE OF THE SITE OR SERVICES.
THIRD-PARTY INFORMATION
Any articles, press clippings or other third-party publications (collectively, "Publications") made available through the Site are furnished by TELEMAQUE SAS for your convenience and entertainment. TELEMAQUE SAS 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 psychics, information providers or any user of the Site, are those of the respective author(s) or publisher(s) and not of TELEMAQUE SAS or its affiliates. TELEMAQUE SAS 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 Site and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Site and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the Site or the Services, you agree:
- Not to use the Site or the Services for illegal purposes;
- Not to interfere with or disrupt networks connected to the 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 Site or the Services to send electronic mail;
- Not to use the 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 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 Site or the Services;
- Not to record or use any audio recording or retention devices/technology without the express written consent of TELEMAQUE SAS;
- Not to speak or act in a manner that is inappropriate, abusive, or threatening, in TELEMAQUE SAS’s sole discretion.
TELEMAQUE SAS reserves the right, in its sole discretion, to immediately terminate your access to and use of the Site or the Services without right to refund, for any violation of these Terms of Use.
Important Note: It is a violation of our Terms of Use for you to be in direct contact with any of our psychics outside the online service or to ask any of our psychics for their direct contact information - if you do so in violation of these terms, TELEMAQUE SAS bears no liability for any resulting actions, and your ability to use our services may be revoked. Any such activities in violation of our Terms of Use, may be reported to TELEMAQUE SAS by our psychic readers and any such reports shall not be deemed a violation of our Privacy Policy.
LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
Certain links on the Site will let you leave the Site. These linked Sites, for example those of our sponsors, are not under the control of TELEMAQUE SAS. We are 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 TELEMAQUE SAS of any such linked Site or the products therein.
INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF THE SITE
The contents of the Site, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. TELEMAQUE SAS hereby authorizes you to copy (electronically or in hard copy) materials published on the 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 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 TELEMAQUE SAS. No information or statement contained in these Terms of Use or the 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 TELEMAQUE SAS, its affiliates, or any third party. TELEMAQUE SAS may, at our discretion, limit or restrict the access and use of the Site of any users who infringe the intellectual property rights in the manner described above.
MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)
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 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.
Submissions shall be deemed to be non-confidential and non-proprietary. TELEMAQUE SAS 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 TELEMAQUE SAS and the Site, you automatically grant to TELEMAQUE SAS a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, 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 TELEMAQUE SAS to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant TELEMAQUE SAS the right to publicly display all or a part of such Submission on the Site or in any other format or media at any time.
Please note that TELEMAQUE SAS 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 TELEMAQUE SAS in accordance with our Privacy Policy.
This Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and TELEMAQUE SAS, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Site are also copyrighted works, and TELEMAQUE SAS, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this Site. By posting or submitting content on or to the Site (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving TELEMAQUE SAS and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Site made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Site, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and TELEMAQUE SAS, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize TELEMAQUE SAS, its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by TELEMAQUE SAS and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TELEMAQUE SAS all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage TELEMAQUE SAS, this Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
We reserve the right to edit, remove or not publish Submissions without prior notice.
If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached as follows by email at: ipsychic-customercare@telemaque.fr.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless TELEMAQUE SAS, its 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 Site or the Services.
MISCELLANEOUS
These Terms constitute the sole agreement between you and TELEMAQUE SAS and its affiliated entities relating to your use and our provision of the Site and the Services and the subject matter hereof. The laws of the State of New York govern these Terms in all respects, without giving effect to conflicts of laws principles. Any dispute or controversy between you and TELEMAQUE SAS 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 New York County, New York 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 TELEMAQUE SAS or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.