By using a Seance App service platform, you consent to the terms of the applicable privacy statement.
When you register as an advisor you automatically become a site customer, therefore the provisions of Seance App Terms of Service
are an integral part hereof, and are incorporated herein as part of this Agreement.
Definition of Service
Seance App provides a platform where an advisor may present his or her expertise and sell advice or services to interested Seance App users ("Customers"). Seance App makes no representation or warranty whatsoever as to the willingness or ability of Customers to pay for any advice given by the advisor. Therefore, Advisors are encouraged to verify the details and credit-worthiness of those Members to whom the advisor gives or contemplates giving advice.
Disclaimer of Warranty and Limitation of Liability
THE advisor ACKNOWLEDGES AND AGREES THAT Seance App IS BEING PROVIDED FOR USE AS IS, AND THEREFORE advisor WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS Seance App IN RESPECT TO Seance App MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE ADVISOR'S NEEDS. THE USE OF Seance Appwebsite or app or platform IS ACCORDINGLY BEING MADE AT THE ADVISOR'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. Seance App EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF an advisor DECIDES TO PROVIDE ADVISOR'S SERVICES THROUGH THE USE OF Seance App, Advisor MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS advisor WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE advisor SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST Seance App, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES advisor DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF Seance App website or app or platform. Seance App WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH Seance App website or app or platform. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE ADVISOR'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL Seance App, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY advisor FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. Seance App, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO Seance App BY advisor THROUGH Seance App IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. Advisor ACKNOWLEDGES AND AGREES THAT Seance App DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY advisor (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE advisor AS TO ADVISOR'S QUALIFICATIONS AND ADVICE PROVIDED BY THE advisor) THROUGH THE Seance App SERVICE AND advisor AGREES TO INDEMNIFY AND HOLD Seance App HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. Seance App WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN an advisor AND A MEMBER, INCLUDING advisor FEE AGREEMENT. Advisor WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. Advisor FURTHER ACKNOWLEDGES THAT advisor WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM advisor PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH Seance App website or app or platform, Advisor HEREBY RELEASES Seance App AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH advisor MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL advisor: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL the relevant emergency number at their country (e.g. 911 in the US) OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL advisor, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH Seance App website or app or platform. IN ADDITION, YOU AGREE THAT YOU:
- will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member;
- will not prescribe or dispense medicines;
- will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
- will advise Members that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;
Additional Advisor Representations and Warranties
By submitting the advisor registration form, you, the advisor, represent, warrant and agree to the following:
- at all times you, the Advisor, will provide a correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in Seance App, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
- you will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medical or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
- you will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
- you will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the advisor to maintain and update on a regular basis.
You, the Advisor, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using Seance App as an advisor, you will act according to the following rules:
- the Advisor will be solely responsible for the services provided to Members and to the verification of Members' identity and other information delivered to you by Members;
- as a platform where an advisor can offer services, Seance App is not involved in any transactions between Advisors and Members. Seance App does not control the accuracy of any postings on the App or transmissions through it by Members. In addition, Seance App cannot and will not make any effort to verify the identity of any of its Members;
- the Advisor agrees that any information or content that the Advisor posts or transmits through Seance App website or app or platform will not be considered the Advisor's confidential information, but rather this information, whether personal in nature or not, shall be owned by Seance App. The Advisor further agrees and consents to the Advisor's chats or transcripts, being captured in any format, controlled, processed and shared by Seance App with third parties as designated solely by Seance App;
- the Advisor grants Seance App an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis. The Advisor will not attempt to provide any service that he or she is not qualified to provide, even if requested to do so by a Member. The Advisor will not answer questions from the public board in fields that are not within the Advisor's fields of expertise;
- the Advisor will not mislead Members to believe that he or she can provide a service which is outside the Advisor's fields of expertise;
- all interactions between Advisor and Member will be billed through Seance App regardless if the interaction is online or offline. The Advisor agrees to abide by the pricing terms agreed upon with Members while utilizing Seance App website or app or platform;
- all contact between Advisors, consumers and any other users who are introduced through the Seance App platform must be conducted only through the Seance App platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the Seance App platform, whether via personal e-mail, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event that Seance App suspects or determines any such unauthorized contact, Seance App reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion;
- the Advisor will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the App. Currently, only ratings for paid sessions of $1.00 and more will count toward the Advisor's public ratings and rating average. Seance App may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. Seance App also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system;
- the Advisor will not interfere with or disrupt the Seance App website or servers or networks or app or platform connected to the App;
- the Advisor will not attempt to gain unauthorized access to other computer systems or networks connected to the App, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
- the Advisor will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
- the Advisor will not disobey or breach this Agreement or any other applicable instructions conveyed by Seance App or its officers;
- the Advisor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- the Advisor will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
- the Advisor will not impersonate any person or entity, or make any false statement regarding the Advisor's employment, agency or affiliation with any person or entity;
- the Advisor will not stalk, threaten or harass Members or other Advisors or invade or attempt to invade their privacy;
- the Advisor will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
- the Advisor will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
- the Advisor will not disclose any information that was provided to advisor by a Member and will use his or her best efforts to guard Member's privacy;
- the Advisor agrees to comply with all applicable laws regarding use of this App. The Advisor may not use this App to solicit the performance of any illegal activity or other activity which infringes the rights of Seance App or others. The Advisor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any other person's use of the App. The Advisor may not attempt to gain unauthorized access to any portion or feature of the App by hacking, password "mining" or other illegitimate method of gaining access to restricted data. Seance App may review the Advisor's personal profile and amend any typing or spelling errors. Seance App cannot and will not verify or examine the truthfulness or accuracy of the details in the The Advisor's personal profile, credentials, qualifications, or any of the Advisor's postings or transmissions. However, Seance App may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Advisor. Without derogating from the above, Seance App may remove any content violating this Agreement. The Advisor will bear all the risks associated with the uploading and transmitting material utilizing Seance App, including reliance on its accuracy, reliability or legality.
You agree not to post any information in your profile that:
- violates or infringes in any way upon the rights of others, including any statements which may defame, harass, abuse or threaten others.
- you know to be false, misleading or inaccurate.
- contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
- contains or advocates pornography or sexually explicit content, or content that is otherwise obscene or lewd.
- violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them.
- advocates violent behavior.
- poses a reasonable threat to personal or public safety.
- contains images of violence, gore, or physical abuse.
- is protected by copyright, trademark, or other proprietary right without the express permission of the owner of said rights. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you and you shall be solely liable for any damage or other harm resulting from any infringement of said rights. Any person determined by The Company, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the App.
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- contains any links or direct contacts for clients to address you without using the App.
The decision by The Company to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of The Company in connection with or arising from use by you of Interactive Areas on the App.
License To User Content
By submitting User Content to the App, you automatically grant The Company and its parent companies, the royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not demand any personal identifiers to be used in connection to the User Content or any related works. (b) you do not object to the publication, use, modification, deletion and exploitation of the User Content by The Company or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release The Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against The Company by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
Advisor Earnings and Seance App Fees
Seance App will use reasonable efforts to process the customers credit cards for the amount agreed upon between the customer and Advisor within seven (7) working days from the execution date of each transaction. Seance App commission structure (the "Seance App Commission") will be as follows:
Seance App service charge is applied on a per-session basis, after the customer has been invoiced and paid the final session fee.
Banking fees: The cost of transferring funds to your bank, Paypal, or Payoneer account will be deducted from the total amount due to you. It is up to the Advisor to pay any fees his bank, Paypal or Payoneer charges for banking/funds transactions.
Commission will only be paid from funds that were actually paid by clients. If a client reverses payment (refund/chargeback), this sum will be deducted from reader receivables.
The Banking Fee, App fees, and Seance App Commission will be deducted from any advisor Fees or other payment that will be received by Seance App and credited to the Advisor's account immediately upon receipt of such payment. Within thirty (30) days following the end of each month, Seance App will deliver payment to advisor as follows: the advisor Fees actually received by Seance App in the prior month less the applicable Banking and App Fee and Seance App Commission. If the payment to the Advisor for any given month would be less than (one hundred dollars) $100, Seance App may hold such payment to advisor until the amount due is equal to or exceeds (one hundred dollars) $100. Seance App will send the Advisor payment by wire transfer into his bank account or via other payment methods as will become available (e.g. PayPal and/or debit cards). The Advisor alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Advisor's participation in Seance App.
Notwithstanding the foregoing, the Advisor authorizes Seance App to withhold, in its discretion, payments to the Advisor of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or, if Seance App reasonably believes that fraudulent activity may have occurred in connection with payment, until Seance App is able to verify that no such activity has occurred.
Seance App billing system is not error-free, and Seance App shall not be liable for any problems, miscalculations or malfunctions in processing Advisor Fees or other payments due to the Advisor. If the Advisor thinks that a mistake has occurred he or she must send his/her complaint to Seance App service department within 30 days of discovery of such mistake. If for any reason the Member has not paid the Advisor Fee or has paid but has later charged back such payment, no Advisor Fees will be paid to the Advisor for that transaction and if the money has already been sent to the Advisor, the Advisor is required to repay this amount to Seance App, and Seance App has the right to deduct this amount from the the Advisor's account or from the following payments to be made from Seance App to the Advisor. For Advisors who simultaneously participate as Members, Seance App shall be entitled to transfer or set-off payments from an Advisor's pending earnings against such Advisor's outstanding balance as a Member.
Seance App Refund Policy
In the rare event of a customer chargeback (i.e. Seance App does not receive the funds from the customer or will be obliged to return them back) we will deduct the credit from your balance. We do our best to avoid these situations and the user is usually banned from our system.
User Name and Password
When you, the Advisor, create and open an account with Seance App, you will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Seance App of any unauthorized use of your password, username, e-mail or any other breach of security. Seance App encourages advisors to change their password at least once a month. Seance App will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Seance App due to someone else's use of your account or password.
The Advisor does not have to furnish the information required for registration in Seance App. However, without that information, the Advisor will not be able to use Seance App services. Seance App is the sole owner of the information collected on this App. Seance App will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that Seance App may collect, process, and transfer any information, private or otherwise, so long as Seance App does so for the purpose for which it was collected.
In order to use Seance App, both Members and Advisors must first complete the application form and registration process. During registration, the Advisor is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Advisor about the services on Seance App for which he or she has expressed interest, and is also used as the Advisor's login information. The Advisor is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so Seance App may provide a more personalized experience on the App. In such case, the Advisor may decide whether he or she wishes to provide such information or not.
The information furnished by the advisor during the registration process will be kept in Seance App database. Seance App will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and Seance App will therefore not be liable for any direct, indirect, consequential or incidental damage that the advisor may sustain due to unauthorized intrusion to the database. The Advisor consents to Seance App collecting and processing the Advisor's personal information for normal business use by Seance App.
Advisor and Member Communication
Communications between Advisors and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Currently, chat communications between the Advisor and Seance App servers are encrypted, but only if the advisor is using the most current version of Seance App software. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
Seance App Use of Data
Seance App uses IP addresses to analyze trends, administer the app and the site, track Advisor's movements on the app and the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Advisor's experience when using our site. Seance App may also retain any e-mails, letters or other correspondence between the Advisor and Seance App to ensure quality control and the best possible service, although it has no obligation to do so.
Seance App may use the information furnished by the Advisor, as well as information that it collects regarding use patterns and transactions that are conducted through Seance App, in order to improve Seance App, to analyze statistical information regarding Seance App, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Advisor personally.
Seance App may, from time to time, send e-mail advertisements to Advisors, whether the material is its own or is commercial information furnished by third parties. The Advisor is given the opportunity to "opt-out" of having his or her information used for purposes not directly related to Seance App at the point where Seance App asks for such information. Seance App registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Advisors can always choose to opt-out by following the appropriate mechanism from within the Advisor's Seance App account.
Seance App may use the details of transactions executed through Seance App for promotional and informational purposes and publish their details on Seance App, provided that such publication will not identify the Advisor or Member in any means other than their Screen Name. If the Advisor elects to use Seance App referral service for informing a friend about the App, Seance App asks the Advisor for the friend's name and e-mail address. Seance App will automatically send the friend a one-time e-mail inviting them to visit the App. Seance App stores this information for the sole purpose of sending this e-mail. The friend may contact Seance App to request the removal of this information from its database. Currently, Seance App does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. Seance App will use a credit card processing company to bill users for use of the Seance App service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.
Seance App reserves the right to partner with another party to provide specific services. When the Advisor signs up for these services, Seance App will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
Seance App may, in its discretion, create co-branded websites with its partners. In such case, the Advisor listings may appear in the co-branded site, but Seance App will not transfer any personally identifiable information about the Advisor to the other website without receiving the Advisor's prior consent. The co-branded sites are maintained on Seance App servers. Unless the Advisor agrees otherwise all personally identifiable information is stored solely by Seance App. Seance App does record the partner website from which a visitor has linked to Seance App. If a visitor registers to become a Member and/or an Advisor, Seance App may track the partner's name, in order to further the relationships Seance App has with its partners.
Seance App makes no claim that the content of the App is appropriate or may be downloaded outside the United States. If you access the App from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Seance App may include in Seance App advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Advisor may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. The Advisor acknowledges and agrees that Seance App is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. The Advisor is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications And Termination
Seance App reserves the right to modify or discontinue, temporarily or permanently, the services in Seance App, with or without notice to the Advisor. The Advisor agrees that Seance App shall not be liable to the Advisor or any third party for any modification or discontinuance to Seance App's services, or for any losses or damages that may result to the Advisor or his or her Members from such discontinuation or interruption of service.
Seance App services depend upon different factors such as: software, hardware and communications networks of Seance App, its contractors and suppliers. Hence, Seance App cannot guarantee that Seance App will not be interrupted, or that it will be timely, secure or error-free.
Seance App, in its sole discretion and for any reason, may terminate the Advisor's participation in Seance App and refuse any and all current or future use by the Advisor of Seance App.
Termination of Account by advisor
The Advisor may terminate their Agreement with Seance App at any time by sending a signed notice to Seance App via email, mail or fax. Seance App shall invalidate the Advisor's username and password within thirty (30) days of receiving such notice. The Advisor may inactivate his or her own account for any desired period of time from within their Seance App account. Notwithstanding termination, all obligations of the Advisor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Seance App is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in Seance App and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
The Advisor may not operate robots or spiders to scan the Seance App database. The Advisor may use "deep linking" only to his or her personal web page within Seance App but not to any other part thereof. The Advisor may not view Seance App with a graphic user interface different from the one designed by Seance App.
Seance App contains copyrighted material, trade secrets and proprietary information owned by Seance App. This Agreement does not grant the Advisor any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect to Seance App. The Advisor may not create derivative software based upon any trade secret, intellectual property or proprietary information of Seance App. Furthermore, the Advisor may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in Seance App.
The Advisor may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of Seance App and Seance App, or take any other action which infringes or impairs Seance App trademark rights.
Seance App shall retain all ownership in and to Seance App and all content displayed on the Seance App website including, copies of data transferred or received by the Advisor on the site.
Seance App respects the intellectual property of others, and we ask our users to do the same. Seance App may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Seance App Copyright Agent with the following information:
- a description of the copyrighted work that you claim has been infringed upon, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located on the site, including the URL;
- your address, telephone number, and e-mail address;
- 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;
- 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. The Seance App Copyright Agent for Notice of claims of copyright infringement can be reached by e-mail at: email@example.com
Seance App grants the Advisor a nonexclusive, revocable right to use the App and the Site, provided that the Advisor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
The Advisor will indemnify, defend and hold harmless Seance App, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Seance App or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Advisor according to this Agreement; (b) Advisor's provision of services to any third party, regardless of whether or not they are Members of the Seance App service; or (c) any materials that the Advisor has posted to Seance App and/or any content on the Advisor's web site or otherwise provided to Members. The Advisor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Advisor, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
The Advisor shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Seance App. Any purported transfer, assignment or delegation by the Advisor without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Seance App may change this Agreement by posting modifications on the App. Unless otherwise specified by Seance App, all modifications shall be effective upon posting. Therefore, the Advisor is encouraged to check the terms of this Agreement frequently. By using the service or App after the changes become effective, the Advisor agrees to be bound by such changes to the Agreement. If the Advisor does not agree to the changes, the Advisor may terminate access to the App and participation in Seance App services.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the United States (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of the United States. Advisor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the App must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Seance App and the Advisor with respect to the subject matter hereof, and the Advisor has not relied upon any promises or representations by Seance App with respect to the subject matter except as set forth herein. The Advisors are prohibited from providing services to Members who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria and Sudan. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence.
No waiver, concession, extension, representation or any alteration or addition to this Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Advisor may report any violation of this Agreement to Seance App service department.