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Terms of Service
THIS SERVICE IS PROVIDED BY BEYOND THE CRESCENT MOON dba. ELLY MOLINA FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THIS SERVICE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER. AT ELLY MOLINA WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR READING. ELLY MAKES EVERY EFFORT TO PROVIDE YOU WITH HELPFUL 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 ELLY MOLINA.
The use of the Elly Molina.com website and services is governed by these Terms of Use. By using Elly Molina.com you acknowledge that you have read the 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 Elly Molina.com Web Site (the “Web Site”) you agree with these Terms of Use. The Web Site includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the web site and related materials. Elly Molina.com reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your access to the Web Site will be deemed to be your acceptance of, and agreement, to any such changed terms and conditions.
Privacy Policy
Elly Molina.com knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy which is part of this Agreement.
Our Services
The Web Site provides astrological content, reports, information, and access to telephone and e-mail consultations (“Content”). Although the Content may be viewed via a standard Internet connection and the Web Site and certain e-mail/offerings are free and open to the public, certain premium services may require registration and/or payment (the “Services”). Premium Services are available to individuals over the age of 18. In addition, Elly Molina.com does not permit use of the Services by residents of any jurisdiction that may prohibit our Services. You certify that the information given to Elly Molina.com on registration is true and complete. Elly Molina.com will not be responsible for any false statements made in registration.
Rules of Service
Elly Molina.com reserves 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, or otherwise violates applicable laws, on our Web Site or using our Services. Furthermore, Elly has the right to terminate a call at any time if a customer’s comments and/or behavior is deemed by the reader to be inappropriate, abusive, or threatening. Such a customer may be denied future access. Any such report made by Elly Molina shall not be deemed a violation of the Privacy Policy.
Our Satisfaction Guarantee
I don’t guarantee that my predictions will come true, but I do my best to ensure that you enjoy the reading. To ensure your satisfaction with your reading experience, I offer a guarantee on your most recent paid reading. The rules with respect to credit for readings are as follows:
- To apply for a credit, please contact Elly Molina within 24 hours of the reading in question.
- I will credit you for an amount determined at the sole discretion of Elly Molina .com based on your reading length and circumstances. No credit granted can exceed the dollar equivalent of a 15 minute reading.
- All account credits are refunded via paypal or credit card.
- Only genuine issues relating to your satisfaction with the reading in question (as determined at our discretion) will be considered for a refund.
- We reserve the right to refuse a refund.
Discounts & Bonus Points
Unless otherwise noted, all coupons, discounts and special offers are valid for a limited period of time, can be used only once and may not be combined. We reserve the right to change these Rules of Service, discounts on other bonus point promotions at anytime without notice.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER ELLY MOLINA.com, Beyond the Crescent Moon NOR ANY OF ITS OR THEIR AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), 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, ELLY MOLINA.COMAND ITS AFFILIATED ENTITIES 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 WEB SITE AND IN ELLY MOLINA’S MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN HOROSCOPES, TELEPHONE AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION FROM ELLY MOLINA 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 BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE OR INFORMATION RECEIVED THROUGH OUR SERVICES. ELLY MOLINA 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 ELLY MOLINA WEB SITE OR IN ELLY MOLINA MATERIALS OR THROUGH OUR SERVICES. ELLY MOLINA IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE .YOUR RELIANCE ON THE INFORMATION PROVIDED BY ELLY MOLINA 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 ELLY MOLINA OR ITS SPONSORS OR OTHERWISE ON THE WEB SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
General Disclaimer
THE INFORMATION PROVIDED ON, FROM OR THROUGH ELLY MOLINA , ITS SERVICES AND THE WEB 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 WEB SITE AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.ELLY MOLINA AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEB SITE AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION,ELLY MOLINA 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, AND YOU. THE WEB 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 ELLY MOLINA THROUGH THE WEB SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. ELLY MOLINA MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER BEYOND THE CRESCENT MOON OR ELLY MOLINA INC., 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 READER WILL BE REFLECTED IN YOUR CHARGES AND IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ELLY MOLINA , 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 WEB SITE OR SERVICES.
Third-Party Information
Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the Web Site are furnished by ELLY MOLINA for your convenience and entertainment. ELLY MOLINA is a distributor (and not a publisher) of content supplied (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 Web Site, are those of the respective author(s) or publisher(s) and not of ELLY MOLINA or its affiliates. ELLY MOLINA DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATION S, IS ACCURATE OR COMPLETE. RESTRICTIONS; COMPLIANCE WITH LAWS Your right to use the Web Site and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Web Site and your use of the Services is subject to all applicable local, state, national, and international laws and regulations. By using the Web Site or the Services, you agree:
- not to use the Web Site or the Services for illegal purposes;
- not to interfere with or disrupt networks connected to the Web Site;
- to comply with all applicable regulations, laws, statutes, etc., regarding your use of the S services, including, but not limited to, laws and regulations relating to the use of the Web Site or the Services to send electronic mail; not to use the Web Site or the Services to send chainmail, 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 Web 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 Web Site or the Services.
- not to record or use any audio recording or retention devices/technology without the express written consent of ELLY MOLINA.COM
- not to speak or act in a manner that is deemed by the reader to be inappropriate, abusive, or threatening.
ELLY MOLINA reserves the right, in its sole discretion, to immediately terminate your access to and use of the Web Site or the Services without right to refund, for any violation of these Terms of Use.
LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
Certain links on the Web Site will let you leave the Web Site. These linked sites, for example those of our sponsors, are not under the control of ELLY MOLINA and ELLY MOLINA is 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 recommendation or endorsement by ELLY MOLINA of any such linked site or the products therein.
Intellectual Property Rights; Inappropriate use of Web Site
The contents of the Web Site, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. ELLY MOLINA hereby authorizes you to copy (electronically or in hard copy) materials published on the Web 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 Web 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 ELLY MOLINA No information or statement contained in these Terms of Use or the Web 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 Elly Molina.com . Elly Molina may, at her discretion, limit or restrict the access and use of the Web Site of any users who infringe the intellectual property rights in the manner described above.
Materials You Submit (Including Testimonial 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 Web 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.
Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant ELLY MOLINA the right to publicly display all or a part of such Submission on the Web Site or in any other format or media at any time.
This Web 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 Elly Molina, Inc., its subsidiaries and affiliates (subject to the rights of its licensor and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Web Site are also copyrighted works, and ELLY MOLINA its subsidiaries and affiliates (subject to the rights of its licensor and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this Web Site. By posting or submitting content on or to the Web 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
ELLY MOLINA and its affiliates, agents and third party contractors the right to display or publish such content on the Web 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 Web 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 Web 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 ELLY MOLINA , its affiliates or its licensees shall be free to display and publish the same (as so compiled, reedited, 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 ELLY MOLINA 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 ELLY MOLINA Inc. 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 Outlook Amusements, Inc. all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ELLY MOLINA Inc., this Web 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.
Indemnification
You agree to indemnify, defend and hold harmless Elly Molina.com / Beyond the Crescent Moon. its and their 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 Web Site or the Services.
Miscellaneous
These Terms constitute the sole agreement between you and ELLY MOLINA and its affiliated entities relating to your use and our provision of the Web Site and the Services and the subject matter hereof. The laws of the State of Washington govern these Terms in all respects, without giving effect to conflicts of laws principles. Any dispute or controversy between you and Elly Molina 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 Thurston County, Washington 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 Elly Molina or Beyond the Crescent Moon or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.