Mystically Dusk Terms of Use

 

Effective Date: October 31, 2024 | Last Updated: October 31, 2024

​

This Mystically Dusk Terms of Use (“Terms" or “Terms of Use”) applies to your access to and use of the Mystically Dusk website (https://www.mysticallydusk.com) and services (collectively, the “Services”) provided by Mystically Dusk ("we," "us," or “our”).

 

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

 

Please review Mystically Dusk’s Privacy Policy, too. It describes how we collect, use, and share information about you when you access or use our Services. These Terms govern the Privacy Policy, as well.

 

1. Your Access to the Services

 

You must be at least 18 years of age and access the internet from a physical location within the United States of America to use the Services. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age and are accessing the internet from a physical location within the United States; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with all applicable laws and regulations.

 

Clients within the United States can book readings directly through the Website.

 

If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.

 

2. Your Use of the Services

 

Mystically Dusk grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

 

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

​

• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services;

• modify, prepare derivative works of, disassemble, de-compile, or reverse engineer any part of the Services; or

• access the Services in order to build a similar or competitive website, product, or service.

 

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

 

The Services are provided for entertainment purposes only. You are responsible for your use of the Services. This includes any decisions or actions you make as a result of the information you receive from the Services. Mystically Dusk does not provide medical advice, legal advice, financial advice, investment advice, or psychological advice, nor do we claim to. You agree to consult with an appropriate professional prior to seeking Mystically Dusk’s services. You agree that readings shall not be substituted for professional advice of any kind including (but not limited to) professional medical advice, professional legal advice, professional financial advice, professional health advice, professional investment advice, professional religious advice, or professional psychological advice. You agree that we will not be held liable for damages of any kind related to the Services, including (but not limited to) career damages, job damages, relationship (of any kind) damages, psychological damages, legal damages, emotional damages, spiritual damages, physical damages, technical damages, religious damages, investment damages, health damages, opportunity damages, or business damages.

​

Readings Generally

 

When we refer to "psychic readings," "psychic," "read," "reading," or "readings," this means intuitive advice or spiritual advice. This is not fortune-telling, and we make no representation, prediction, or guarantee (express or implied) about the accuracy of, or your satisfaction with, the reading. We are not fortune tellers or gods. We do not claim to know everything, see everything, or hear everything, and we do not have any "supernatural powers" or "occult powers." We do not "predict" the future in any way, and we do not claim to do so. 

 

We require certain personal information to provide you with a reading. Specifically, we ask for your first and last name, your year of birth, your sexual orientation, and your specific questions. This information is used to make a personal connection to you and to customize your reading. If you refuse to provide the requested personal information, we may be unable to provide you with a reading.

 

3. Third-Party Content and Links

 

The Services may contain links to third-party websites, products, or services, which may be posted by us, our advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel that is necessary, before proceeding with any transaction in connection with such Third-Party Content.

 

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services.

 

4. Things You Cannot Do

 

When accessing or using our Services, you will not:

 

• Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;

• Attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services);

• Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services;

• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

• Access, query, or search the Services with any automated system.

 

5. Payment Information

 

Mystically Dusk may change the fees, benefits, and availability of the Services from time-to-time or at any time, as solely determined by Mystically Dusk. Please realize that we are human, and unavoidable personal circumstances, emergencies, or other situations may necessitate immediate changes of the Services for the health or personal well-being of our intuitive advisors.

 

You make purchases at your own discretion, without influence from us. All sales are final.

 

Failure to make timely payment when payment is due may result in termination without notice of your access to the Services.

 

6. Indemnity

 

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third-party service providers and our officers, employees, licensors, and agents (the “Mystically Dusk Representatives”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, or (c) your violation of applicable laws or regulations. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

 

7. Disclaimers

 

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYSTICALLY DUSK, ITS LICENSORS, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. MYSTICALLY DUSK DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY. WHILE MYSTICALLY DUSK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYSTICALLY DUSK MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE INFORMATION PROVIDED BY THE SERVICES OR READINGS PROVIDED BY MYSTICALLY DUSK’S INTUITIVE ADVISORS.

 

8. Limitation of Liability

 

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE MYSTICALLY DUSK REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOU AGREE THAT WE WILL NOT BE HELD LIABLE FOR DAMAGES OF ANY KIND RELATED TO THE SERVICES, INCLUDING (BUT NOT LIMITED TO) CAREER DAMAGES, JOB DAMAGES, RELATIONSHIP (OF ANY KIND) DAMAGES, PSYCHOLOGICAL DAMAGES, LEGAL DAMAGES, EMOTIONAL DAMAGES, SPIRITUAL DAMAGES, PHYSICAL DAMAGES, TECHNICAL DAMAGES, RELIGIOUS DAMAGES, INVESTMENT DAMAGES, HEALTH DAMAGES, OPPORTUNITY DAMAGES, OR BUSINESS DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MYSTICALLY DUSK REPRESENTATIVES EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE MYSTICALLY DUSK REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

9. Governing Law and Venue

 

We care about you and want to listen to any issues that arise, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at admin@mysticallydusk.com.

 

Any claims arising out of or relating to these Terms or the Services will be governed by the laws of Massachusetts; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Massachusetts; and you consent to personal jurisdiction in these courts.

 

10. Changes to these Terms

 

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending you an email. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

 

11. Termination

 

You may terminate these Terms at any time and for any reason by discontinuing your use of all Services.

The following sections will survive any termination of these Terms: Your Use of the Services, Things You Cannot Do, Indemnity, Disclaimers, Limitation of Liability, Governing Law and Venue, Termination, and Miscellaneous.

 

12. Miscellaneous

 

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.

 

​

Contact Information:

​

Mystically Dusk

P.O. Box 303

Walpole, MA 02081

​

Email: admin@mysticallydusk.com