Terms of Service
These terms of use are entered into by and between You and Kirsten Hustad, owner of the Cosmic Muse. The following terms and conditions (“Terms of Service”) govern Your access to and use of the www.thecosmicmuse.net website (collectively, the “Website”), and the Cosmic Muse Zodiac Tarotscope and/or Ritual Magick subscription services (the “Services”).
Acceptance of Terms
Please read the Terms of Service carefully before You start to use the Website or Services. You indicate your unconditional acceptance of the following Terms of Service when you do any of the following: (a) click to accept or agree to the Terms of Service on the Cosmic Muse account creation page, (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Terms of Service when doing so. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT DO ANY OF THESE THINGS.
Eligibility
The services are offered and available only to users who are eighteen (18) years of age or older. By accepting these Terms of Service, you represent and warrant that you are of legal age to form a binding contract with The Cosmic Muse and meet all the foregoing eligibility requirements. If You do not meet all these requirements, you must not access or use the services.
Services
Subject to the terms and conditions set forth below, The Cosmic Muse provides unlimited access to You for the subscription pricing listed on the Website.
Timeliness of Granting Access. While I strive to truly provide unlimited access within your subscription period, you agree that it may take 24-48 hours, sometimes a bit longer, to create your account so to gain full access to your membership.
DISCLAIMER OF SERVICES. TAROT CARD, INTUITIVE, AND ASTROLOGY READINGS PROVIDED ON THE WEBSITE ARE FOR “ENTERTAINMENT PURPOSES” ONLY. THEY ARE NOT FACTUAL OR PREDICTIVE OF THE FUTURE. FURTHER, TAROT CARD, INTUTIVE, AND ASTROLOGY READINGS SHOULD NOT BE TAKEN AS LEGAL, MEDICAL, PSYCHIATRIC OR OTHER PROFESSIONAL ADVICE.
YOU ARE ADVISED THAT YOU MAY NOT RELY ON THE WEBSITE FOR ANY PURPOSES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COSMIC MUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Membership
Your membership will continue and automatically renew until terminated. To gain full access, you must have Internet access and provide one or more payment methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to Your Payment Method (see "Cancellation" below).
Billing & Payment
Billing Cycle. The membership fees and any other charges you may incur in connection with Your use of the Services, such as taxes and possible transaction fees, will be charged to Your Payment Method on the same day you had subscribed, each month. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if Your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Your billing cycle can be viewed on your bank statements.
Payment Methods. To get full access to your membership, you must provide one or more Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, I may suspend your access to the membership until successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with Your Payment Method service provider for details.
Updating Your Payment Methods. You can update your Payment Methods by going to the contacting me. I may also update Your Payment Methods using information provided by the payment service providers. Following any update, you authorize me to continue to charge the applicable Payment Method(s).
Changes to the Price and Subscription Plans. I reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to You.
Cancellation and Refunds
Cancellation. You can cancel your membership at any time, and you will continue to have full access to your membership option through the end of your billing period. To cancel, contact me or go through your banking system. If You cancel your membership, your account will automatically close at the end of your current billing period. You may not assign or transfer your subscription to any other person or entity.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, I may provide a refund, discount, or other consideration to some or all members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Should you request a refund which is denied for a valid reason under these Terms of Service, and should you subsequently file a claim against The Cosmic Muse, The Cosmic Muse shall be entitled to collect from you all costs (including attorneys’ fees) associated with defending such a claim.
Accessing the Website
I reserve the right to withdraw or amend this website, and any service or material we provide on the website, in my sole discretion without notice. I will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, I may restrict access to some parts of the website, or the entire website, to users, including registered users.
To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
Account Security
If you choose, or are provided with, a username, password, or any other piece of information as part of the security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify me immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Account Termination
I have the right to terminate any account, at any time, in my sole discretion for any or no reason, including if, in my opinion, you have violated any provision of these Terms of Service.
I MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IF YOU VIOLATE OUR TERMS OF SERVICE, OR WE BECOME AWARE OF ANY FACTS ABOUT YOU THAT CAUSE ME TO BELIEVE THAT MY WEBSITE OR SERVICES ARE NOT SUITABLE FOR YOU.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Cosmic Muse, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the website.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.
Trademarks
The Cosmic Muse name, the Cosmic Muse logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Cosmic Muse or its affiliates or licensors. You must not use such marks without the prior written permission of The Cosmic Muse.
Prohibited Uses
You may use the Website or Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or Services:
· In any way that violates any applicable federal, state, local, or international law or regulation.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate us, a The Cosmic Muse employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm The Cosmic Muse or its users, or expose them to liability. FOR EXAMPLE, EXCESSIVE REQUESTS FOR TAROT CARD READINGS WOULD BE CONSIDERED A PROHIBITED USE.
Additionally, you agree not to:
· Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website and Services, including their ability to engage in real time activities through the Website and Services.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website or Services.
· Otherwise attempt to interfere with the proper working of the Website or Services.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to my Privacy Policy. By using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
International Access
This Website may be accessed from countries other than the United States. I make no claims that the Website, its Services, or any of its content is accessible or appropriate outside of the United States. Access to the Website, its Services, or any of its content may not be legal by certain persons or in certain countries. If You access the Website, its Services, or any of its content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ALL SERVICES AND MEBERSHIP SUBSRIPTIONS, ARE STRICTLY MEANT FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT IN ANY WAY CONSTITUTE LEGAL, FINANCIAL, HEALTH, OR OTHER PROFESSIONAL SERVICES. ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICTION, INFORMATION, AND/OR OTHER SERVICE PROVIDED IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND IS NOT PREDICTIVE OF THE FUTURE.
I DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT BLOG UPDATES OR DOWNLOADS WILL BE DELIVERED ON A TIMELY BASIS OR WITHIN A CERTAIN AMOUNT OF TIME.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES, OR ANY CONTENT ON THE WEBSITE INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless The Cosmic Muse, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Service or Your use of the Website or Services.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THESE TERMS OF USE OR THE WEBSITE SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATES OF CALIFORNIA AND ARIZONA, although I retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in our state of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At The Cosmic Muse's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona and California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by The Cosmic Muse of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Cosmic Muse to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and the Privacy Policy constitute the sole and entire agreement between you and The Cosmic Muse regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Changes to the Terms of Service
I may revise and update these Terms of Service from time to time at my sole discretion. All changes are effective immediately when I post them.
Your continued use of the Website or my Services following the posting of revised Terms of Service means that You accept and agree to the changes.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
Last Modified: March 16, 2022
These terms of use are entered into by and between You and Kirsten Hustad, owner of the Cosmic Muse. The following terms and conditions (“Terms of Service”) govern Your access to and use of the www.thecosmicmuse.net website (collectively, the “Website”), and the Cosmic Muse Zodiac Tarotscope and/or Ritual Magick subscription services (the “Services”).
Acceptance of Terms
Please read the Terms of Service carefully before You start to use the Website or Services. You indicate your unconditional acceptance of the following Terms of Service when you do any of the following: (a) click to accept or agree to the Terms of Service on the Cosmic Muse account creation page, (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package or start any program that says you are accepting the Terms of Service when doing so. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT DO ANY OF THESE THINGS.
Eligibility
The services are offered and available only to users who are eighteen (18) years of age or older. By accepting these Terms of Service, you represent and warrant that you are of legal age to form a binding contract with The Cosmic Muse and meet all the foregoing eligibility requirements. If You do not meet all these requirements, you must not access or use the services.
Services
Subject to the terms and conditions set forth below, The Cosmic Muse provides unlimited access to You for the subscription pricing listed on the Website.
Timeliness of Granting Access. While I strive to truly provide unlimited access within your subscription period, you agree that it may take 24-48 hours, sometimes a bit longer, to create your account so to gain full access to your membership.
DISCLAIMER OF SERVICES. TAROT CARD, INTUITIVE, AND ASTROLOGY READINGS PROVIDED ON THE WEBSITE ARE FOR “ENTERTAINMENT PURPOSES” ONLY. THEY ARE NOT FACTUAL OR PREDICTIVE OF THE FUTURE. FURTHER, TAROT CARD, INTUTIVE, AND ASTROLOGY READINGS SHOULD NOT BE TAKEN AS LEGAL, MEDICAL, PSYCHIATRIC OR OTHER PROFESSIONAL ADVICE.
YOU ARE ADVISED THAT YOU MAY NOT RELY ON THE WEBSITE FOR ANY PURPOSES.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COSMIC MUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Membership
Your membership will continue and automatically renew until terminated. To gain full access, you must have Internet access and provide one or more payment methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to Your Payment Method (see "Cancellation" below).
Billing & Payment
Billing Cycle. The membership fees and any other charges you may incur in connection with Your use of the Services, such as taxes and possible transaction fees, will be charged to Your Payment Method on the same day you had subscribed, each month. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if Your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Your billing cycle can be viewed on your bank statements.
Payment Methods. To get full access to your membership, you must provide one or more Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, I may suspend your access to the membership until successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with Your Payment Method service provider for details.
Updating Your Payment Methods. You can update your Payment Methods by going to the contacting me. I may also update Your Payment Methods using information provided by the payment service providers. Following any update, you authorize me to continue to charge the applicable Payment Method(s).
Changes to the Price and Subscription Plans. I reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to You.
Cancellation and Refunds
Cancellation. You can cancel your membership at any time, and you will continue to have full access to your membership option through the end of your billing period. To cancel, contact me or go through your banking system. If You cancel your membership, your account will automatically close at the end of your current billing period. You may not assign or transfer your subscription to any other person or entity.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, I may provide a refund, discount, or other consideration to some or all members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. Should you request a refund which is denied for a valid reason under these Terms of Service, and should you subsequently file a claim against The Cosmic Muse, The Cosmic Muse shall be entitled to collect from you all costs (including attorneys’ fees) associated with defending such a claim.
Accessing the Website
I reserve the right to withdraw or amend this website, and any service or material we provide on the website, in my sole discretion without notice. I will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, I may restrict access to some parts of the website, or the entire website, to users, including registered users.
To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
Account Security
If you choose, or are provided with, a username, password, or any other piece of information as part of the security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify me immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Account Termination
I have the right to terminate any account, at any time, in my sole discretion for any or no reason, including if, in my opinion, you have violated any provision of these Terms of Service.
I MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME IF YOU VIOLATE OUR TERMS OF SERVICE, OR WE BECOME AWARE OF ANY FACTS ABOUT YOU THAT CAUSE ME TO BELIEVE THAT MY WEBSITE OR SERVICES ARE NOT SUITABLE FOR YOU.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Cosmic Muse, its licensors, or other providers of such material and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the website.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.
Trademarks
The Cosmic Muse name, the Cosmic Muse logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Cosmic Muse or its affiliates or licensors. You must not use such marks without the prior written permission of The Cosmic Muse.
Prohibited Uses
You may use the Website or Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or Services:
· In any way that violates any applicable federal, state, local, or international law or regulation.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate us, a The Cosmic Muse employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm The Cosmic Muse or its users, or expose them to liability. FOR EXAMPLE, EXCESSIVE REQUESTS FOR TAROT CARD READINGS WOULD BE CONSIDERED A PROHIBITED USE.
Additionally, you agree not to:
· Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website and Services, including their ability to engage in real time activities through the Website and Services.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website or Services.
· Otherwise attempt to interfere with the proper working of the Website or Services.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to my Privacy Policy. By using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
International Access
This Website may be accessed from countries other than the United States. I make no claims that the Website, its Services, or any of its content is accessible or appropriate outside of the United States. Access to the Website, its Services, or any of its content may not be legal by certain persons or in certain countries. If You access the Website, its Services, or any of its content from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ALL SERVICES AND MEBERSHIP SUBSRIPTIONS, ARE STRICTLY MEANT FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT IN ANY WAY CONSTITUTE LEGAL, FINANCIAL, HEALTH, OR OTHER PROFESSIONAL SERVICES. ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICTION, INFORMATION, AND/OR OTHER SERVICE PROVIDED IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND IS NOT PREDICTIVE OF THE FUTURE.
I DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT BLOG UPDATES OR DOWNLOADS WILL BE DELIVERED ON A TIMELY BASIS OR WITHIN A CERTAIN AMOUNT OF TIME.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SERVICES, OR ANY CONTENT ON THE WEBSITE INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless The Cosmic Muse, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Service or Your use of the Website or Services.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF, OR RELATED TO, THESE TERMS OF USE OR THE WEBSITE SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATES OF CALIFORNIA AND ARIZONA, although I retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in our state of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At The Cosmic Muse's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona and California law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by The Cosmic Muse of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Cosmic Muse to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and the Privacy Policy constitute the sole and entire agreement between you and The Cosmic Muse regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Changes to the Terms of Service
I may revise and update these Terms of Service from time to time at my sole discretion. All changes are effective immediately when I post them.
Your continued use of the Website or my Services following the posting of revised Terms of Service means that You accept and agree to the changes.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].
Last Modified: March 16, 2022