The Card Reading Website and Service Terms and Conditions
General: The Card Reading service ('Service') provides an automated means of obtaining card readings using ordinary playing card images. A 'card reading' consists of an arrangement or pattern of cards in predefined positions, each of which has a predefined symbolic representation, together with an interpretation of the meaning of each of the selected cards. The totality of meaning is derived in a card reading from the relationship between the interpretation of the card and the symbolic representation of its position by the user of the Service.
Access and use of the Website and Service are subject to the following Terms and Conditions of Service ('Terms and Conditions'). Accessing or using any part of the Service (including by way of opening an account, registering, getting a sample reading, or viewing any of the web pages served by the service) constitutes an agreement that you have read, understood, and agree to be bound by these Terms and Conditions.
Information about Account Opening and Registration: By opening an account and registering, you represent and warrant that (i) the information you provide to The Card Reading in connection with your account and the registration is true and correct, (ii) you will promptly notify The Card Reading if any of your information changes.
Changes to the Website and Service or these Terms and Conditions: The Card Reading may, in its sole discretion and at any time update, change, suspend, make improvements to or discontinue any aspect of the Website or Service, temporarily or permanently, or amend, update or change these Terms and Conditions. You will be bound by any such amendments, updates or changes, so you should periodically review these Terms and Conditions for amendments, updates or changes.
Your Representations and Warranties: You represent and warrant to The Card Reading that your access and use of the Website and Service will be in accordance with these Terms and Conditions and with applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.
Payment of Fees: Any and all fees paid to The Card Reading are entirely nonrefundable.
Limitation of Remedies: Your sole remedy for any dispute with The Card Reading is limited to the provision at the discrestion of The Card Reading of replacement and/or additional saved card readings at no cost to you. In no event will The Card Reading be liable for any monetary damages for any reason.
Release and Indemnification of The Card Reading: You release and agree to defend, indemnify and hold harmless The Card Reading, and its owners, officers, employees, attorneys, agents, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Website and Service, your breach of any of these Terms and Conditions, or any unavailability, malfunction or error of the Website or Service.
NO REPRESENTATIONS OR WARRANTIES: THE WEBSITE AND THE SERVICE AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY THE CARD READING ARE PROVIDED TO YOU ON AN 'AS IS' BASIS. THE CARD READING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CARD READING DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. ACCESS AND USE OF THE WEBSITE AND SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY: IN NO EVENT WILL THE CARD READING BE LIABLE TO YOU OR ANY THIRD PARTY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRET, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE WEBSITE OR SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE OR WEBSITE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO CUSTOMER'S COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY, EVEN IF THE CARD READING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CARD READING'S MAXIMUM LIABILTY ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITE AND SERVICE (INCLUDING ACCESS OR USE BY WAY OF YOUR WEBSITE BY ANY CUSTOMER, BUSINESS INVITEE OR BUSINESS VISITOR OF YOURS) OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICE SHALL BE LIMITED ONLY TO THE PROVISION OF REPLACEMENT CARD READINGS AT NO COST. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Termination: The Card Reading may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your access and use of the Service immediately at any time, for any reason by notifying The Card Reading in writing from its Support or Feedback pages. The provisions of these Terms and Conditions relating to the protection and enforcement of The Card Reading's proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, governing law and venue, and miscellaneous provisions shall survive any such termination.
Ownership of Data and Information: The Card Reading's Use of Personally-Identifiable Information. All data and information generated from the access and use of the Website and Service shall be the property of The Card Reading, and no third party, including you, shall have the right to own such data and information, or use such data or information except as expressly authorized by these Terms and Conditions. By using the Website and Service, you automatically assign to The Card Reading any rights in the data or information generated from the access and use of the Website and Service, including any data or image of yours. During the course of providing the Service, The Card Reading collects certain data and information. The Card Reading may use or disclose any of this information and/or your account information to the extent The Card Reading believes it is necessary for The Card Reading to (a) provide the Website and Service, (b) satisfy any applicable law, rule or regulation (including legal process or governmental request), (c) enforce any of these Terms of Service (including investigating any potential breach thereof), (d) detect, prevent, or otherwise address fraud, security or technical issues, or (e) protect against perceived imminent harm to the rights, property or safety of The Card Reading, the users of the Website or Service or the public as required or permitted by law. In addition, The Card Reading may also use or disclose to third parties aggregated, non-personally identifiable information and data (which will not you individually), in any manner for any purpose.
Notices and Inquiries: All requests for information about the Website or Service, including information about your account or registration (including changes to your account information), or terminating your access and use of the Service should be directed to "support" from The Card Reading Support page. All other notices and requests permitted or required under these Terms and Communications should be directed to "legal" from The Card Reading Support page. The Card Reading may provide notice to you (i) along with its other uses of the Website and Service, by posting a notice on the Website or (ii) by email, to the email address shown in your account.
Governing Law and Venue: These Terms and Conditions, its subject matter (including access and use of the Website and Service, and The Card Reading's and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of the State of Hawaii, United States of America, excluding the conflict of law provisions of that or any other jurisdiction. The Card Reading and you both submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Oahu in the State of Hawaii, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to its reasonable costs and attorneys' fees.
Entire Agreement: These Terms and Conditions constitute the entire agreement between The Card Reading and you concerning the subject matter hereof. These Terms and Conditions may be amended, updated or changed by The Card Reading as specified in these Terms and Conditions.
Miscellaneous: In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by The Card Reading or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. The Card Reading may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of The Card Reading and you, and The Card Reading's and your respective successors and permitted assigns.
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|Always remember: the cards are only a guide, never a master. Card readings are for entertainment purposes only.|