Terms and Conditions - Consultants

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PLEASE READ THESE TERMS OF USE CAREFULY AND ENTIRELY BEFORE USING THIS SITE. THEY AFFECT YOUR LEGAL RIGHTS, AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS, HOW WE RESOLVE DISPUTES, AS WELL AS (BUT NOT LIMITED TO) PUBLIC INDEMNIFICATION AND LIMITATIONS OF LIABILTY. YOU CAN SEE AN OUTLINE OF OUR LEGAL OBLIGATIONS, AND COMPLIANCE ACTIONS BY CLICKING ON THE LINK Legal and policy. REGISTERED CUSTOMERS CAN ACCESS THE FULL POLICIES AROUND SERVICE DELIVERY IN THE TOOLBOX IN THEIR CUSTOMER DASHBOARD.

 Welcome to REALM Spiritual Advisors. We provide psychic, and astrological services (“Services”) that include live psychic and astrology services, blogs, horoscopes and other astrological, psychic, or numerological content. Additionally, we aim to provide a space of empowerment, brother/sisterhood and connection with mutual high regard to all parties, that includes kindness and consideration.

Your use of the Services of REALM Spiritual Advisors site (www.realmspiritualadvisors.com) and applications (collectively, the “Sites”) including without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programmes contained in the Sites and related materials, is governed by these terms and conditions of use (‘Terms of Use”) and  is subject to arbitration as (set forth below).  . If you disagree with any of our policies you can cancel your membership at your discretion at any time.

This Site is provided for ENTERTAINMENT PURPOSES ONLY. You must be eighteen (18) years of age or older to register an account (“Account”) and to access psychic readings or related services (“Readings” or “Consultations”). All purchases of Services using Credit or Debit Cards, Paypal accounts or other payment options shall only be made by the card or account holder. REALM Spiritual Advisors wants you to enjoy and benefit from any Readings or Consultations, and our Consultants will make every effort to provide you with helpful advice. However, readings, informational content and consultations DO NOT REPLACE any medical, legal, psychological, or financial professional advice. Customers agree when using REALM that they are responsible for evaluating any information, opinion, advice or other content provides through the Site or in conjunction with the Services.

ACCEPTANCE PROCEDURE

By visiting and using the Sites or Services, you acknowledge that you have read the Terms of Use and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. REALM Spiritual Advisors reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the Sites and/or Services will be deemed to be your acceptance of and agreement to any such changed terms and conditions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), you must discontinue use of the Sites and the Services and immediately cancel your Account, you can email REALM Admin if you need support to cancel your account. Associated Policies: Public Disclaimer, Waiver of Responsibility, Policy Changes.

PRIVACY POLICY

We know that the privacy of your personal information is important to you. The personal information you submit to REALM Spiritual Advisors  is governed by the Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern. Associated Policies: Privacy,

RULES OF SERVICE

Not for Use in Certain Jurisdictions

The Services may not be used by residents of any jurisdiction where such use is prohibited.

Age

To Register with REALM Spiritual Advisors and access Services, you must be eighteen (18) years of age or older. To Register with REALM Spiritual Advisors as a Consultant you must be eighteen (18) years or older.

Account Registration

When registering with REALM Spiritual Advisors you are creating an Account with us. You certify through the Terms of Use that the information you give to REALM Spiritual Advisors, as well as any changes to your account are true and complete. REALM Spiritual Advisors will not be responsible for any false statements you make in connection with your Account. Additionally, when registering with REALM Spiritual Advisors as a Customer you are provided with the opportunity to create a ‘User ID’ so that you can deidentify yourself when visiting the platform. REALM Will not be responsible if you fail to utilise this function. Associated Policy: Public Disclaimer; Waiver of Responsibility

Payment and Charges

You agree to pay for all Services, including Readings, purchased using your Account. Charges for Readings (other than direct messages) are calculated based on full-minute increments, and the length of a Reading is rounded up to the next full-minute at the end of each Reading. Service is provided PAYG (Pay-As-You-Go). You are responsible for terminating a call quickly if you feel that the service is unsatisfactory, or you are ‘disconnected ‘from the person you are hiring. (Early termination makes it easier for REALM to identify a genuine request for Refund/Credit to your wallet. Charges for Readings by direct message are calculated on a per-message basis. For all purchases of Services, you agree that you will use only credit cards, debit cards, PayPal accounts, or other payment mechanisms for which you are the card or account holder. Payments are in US Dollar.

Email

When registering with REALM Spiritual Advisors you are offered an opportunity to Subscribe to our Email Marketing lists. REALM Emails have their logo as part of making them easily identifiable as genuine. They also contain a Subscribe/Unsubscribe link at the bottom of the email. If you wish to Unsubscribe from receiving emails you can click on the UNSUBSCRIBE link.

Alternatively, you can visit your Customer Dashboard and update your Subscription status in your settings.

Australia has harsh penalties for people who breach the Email SPAM Act, so if either of these mechanisms fail – you agree that you will contact REALM through the contact form so that we can manually remove you from an email list. You agree to receive a confirmation from REALM that you have been removed from the Email list and in the even that you are not notified and continue to receive emails you recognise that there is a technological breakdown and REALM has not received the notification and you will attempt to contact us again using the Contact form or email directly to realm@realmsa.com BEFORE YOU ESCALATE AND REPORT TO THE AUTHORITIES.

Confidentiality of Account Information

You agree to maintain the confidentiality of your Account information, including your password (“Password”) and to notify the REALM Spiritual Advisors of any unauthorized use of your Account, Password, or any other breach of security.

Consumer Protection

You accept that in the absence of a guarantee and Warranty that REALM provides information to you to inform your purchase choices through the Consultant Rating and Reviews on their profile. Purchases are BUYER BEWARE, and REALM Spiritual Advisors has provided information on identifying and selecting a consultant to assist you with your purchase in our FAQ. Your acceptance of Terms includes sending questions that are not answered in the FAQ to REALM to respond to and update in the FAQ content for yourself and other potential buyers.

You agree that if you experience questionable conduct by one of our consultants you will notify REALM Admin immediately so that we can investigate. Consultants evidenced to be acting unethically, or unconscionably, will have their membership revoked, and you will be informed of the outcome of your complaint. REALM Takes these types of complaints very seriously. You agree that you will provide service reviews and rating as part of informing other potential buyers. Your identity is protected through the provision of a User ID.

Accounts and Wallet Funding

To access any Services that require purchases, including Readings, you must fund your “Wallet” which is in the “Customer Dashboard”. You fund your wallet through an independent Third-party merchant. REALM Spiritual Advisors does not keep or retain your payment details. The Third Party informs REALM Spiritual Advisors once a payment has been made. Payments are in U.S. Dollars and denominated in the Wallet as U.S. Dollars. Funds in your Wallet can only be used to purchase or access services with REALM Spiritual Advisors. Wallet balances are not redeemable for cash except to the extent required by law.  You agree you will not overfund your wallet. Wallet balances do not incur interest, and the Wallet Balance is not a bank account. The balance of your Wallet never expires, but REALM Spiritual Advisors reserves the right to impose service and maintenance fees, inactivity fees or similar against the outstanding balance of your Wallet by providing advance direct notice to you by email. To connect with our Service providers your wallet MUST BE FUNDED to the minimum balance.

You agree that any payment disputes will be resolved through the Complaints process and NOT PARTICIPATE IN CHARGEBACKS. Customers that use Chargebacks to resolve a payment dispute will have their Membership revoked UNLESS they can provide evidence that the payment was unlawful or that there was a fraudulent access to their account.  Concerns about service delivery should be notified within 24 hours of the  service received.

Accounts only remain active and valid for a period of one year from the date of your last deposit of funds into your wallet. Wallet balances are non-refundable; however, they may be redeemed if your Account is successfully reactivated. You may reactivate your Account by contacting Customer Service through the REALM Contact form. Associated Policies: Payments, Refunds and Chargebacks, Privacy Policy

Recording and Retention of Readings

You agree that you will not use any audio recording or retention devices/technology in connection with Readings, and you will not otherwise make any recordings, copies, scans, or transcriptions of Readings, including Readings by phone, chat or direct message, without the prior written consent of the REALM Spiritual Advisors. You acknowledge and agree that REALM and their Communications provider may record chat and direct message Readings. Although Company may provide you with access to recordings of your chat and direct message Readings, you acknowledge and agree that, at any time in its discretion, Company may (i) delete such recordings, and/or (ii) terminate your access to such recordings. You understand that under Australian law recording of conversations without consent is illegal and carries penalties, however, whether either party retains copies, Internet Communications technology automatically copies the transcripts which are then deleted upon request. In the delivery of REALM Services, our Consultants have given implicit and explicit permission for the Customer to record their conversations for review should they desire. These recordings are held with the Third-Party Service provider in the “Cloud” for a period of time before deletion. (This ‘recording’ is associated with ALL internet communications and retrievable until such time as they are destroyed). Customers can decide to NOT have their communications recorded OR to store the communications for a period of time. Consultants will be aware when the Communication is being recorded because there is a red light that shows when a recording is being made. REALM Spiritual Advisors has NO CONTROL over the recording of conversations – and this is between the Consultant and the Customer. You agree that you will not share or disclose the recordings to other parties, and that REALM may as part of an investigation of a complaint review the recorded transcripts. Associated Policies: Privacy Policy, Telecommunications Policy

Refusal of Services

We reserve the right to refuse the provision of Services 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 Sites or using our Services. Furthermore, a reader has the right to terminate the provision of Services at any time if a customer’s comments and/or behavior are deemed by the reader to be inappropriate, abusive, or threatening.  Readers will report the termination to Customer Service and such a customer may be denied future access to the Sites and/or Services. Any such report made by a reader to us shall not be deemed a violation of our Privacy Policy. Associated Policies: Privacy Policy, Customer Code of Conduct, Health and Safety

Our Satisfaction Guarantee

REALM Spiritual Advisors makes no guarantee around Services delivery particularly if there are predictions involved. Our aim is to do our best to ensure that you enjoy your experiences with REALM. Services are delivered as ENTERTAINMENT purposes only, and as with any other form of entertainment a service reflects personal taste. If you don’t like a movie after you watched it, there is no entitlement to a Refund. While we have an overarching NO REFUNDS policy, we recognise that there may be times when the customer has a valid complaint and where a full or partial refund is appropriate. Any refunds are not cash refunds and are Credited back to the Customer Wallet. The Customer accepts in the Terms of Use the BUYER BEWARE, and to read the Consultant biography and profile, and reviews and the star ratings designed to inform them of what they can expect when securing services.    Specifically, your account may be credited within the following guidelines:

  • You must notify REALM Spiritual Advisors through the Contact form of your concern within 24 hours of receipt of service. If your request for a Refund/Credit is not received within 24 hours of a service, REALM Spiritual Advisors reserves the right to refuse or issue a Credit to your Wallet.
  • Refunds/ Credits are a the discretion of REALM Spiritual Advisors and may be full or partial (or not at all) dependent on the circumstances for the request.
  • All credits are reverted to the Customer Wallet
  • There are NO CASH REFUNDS provided for any reason.
  • Credits can only be made to an Active Account that is in good standing.
  • Only genuine issues relating to your satisfaction with the Reading in question (as determined at our sole discretion) will be considered for a credit request. We reserve the right to refuse to issue a credit.

Associated Policies: Warranty and Guarantee, Payments and Refunds, Complaints, Feedback and Suggestions.

Discounts and Offers

Our consultants may offer discounts on their services. This is at their discretion and can be seen when viewing their profile in the Gallery or by expanding their biography. In the future we may offer coupons, discounts and special offers that will be non-transferrable with limited validity. We envisage they will only be used once per customer and cannot be combined with any other discount or special offer. We may offer introductory offers for new customers on their first purchase. These would be limited to one offer per person, and would be credited to your wallet upon registration. Associated Policies: Discounts and Specials

DISCLAIMER – NO PROFESSIONAL ADVICE

Information provided through our Services, on the Sites, and in other REALM Spiritual Advisor’s materials, including, but not limited to, information provided in newsletters, horoscopes, and Readings, is for ENTERTAINMENT PURPOSES ONLYInformation from the Business of REALM Spiritual Advisors or its affiliates or their employees or contractors, including, but not limited to, the readers, is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (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 Sites or information received through our Services. The Business 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 Sites or in REALM Spiritual Advisors materials or through our Services. REALM Spiritual Advisors is not engaged in the business of providing financial or investment advice and its employees and contractors are not registered financial advisors. Your reliance on the information provided by the REALM Spiritual Advisors or , by a REALM Spiritual Advisors Employee or contractor, by a third party moderator, by REALM Spiritual Advisors sponsors, or by other users of the Sites or Services 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 REALM Spiritual Advisors, its employees, its contractors, or its sponsors, or otherwise available on the Sites, will be your sole and exclusive responsibility. Associated Policies: Public Disclaimer, Waiver of Responsibility, Medical/Professional Waiver of Responsibility.

DISCLAIMER – NO MONITORING OF USAGE

Neither the REALM Spiritual Advisors 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 readers will be reflected in your charges and is solely at your own election or choice.  The Company 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 Sites or Services.

GENERAL DISCLAIMER

No advice or information, whether oral or written, obtained by you from REALM Spiritual Advisors or its affiliates through the Sites or Services shall create any warranty, representation or guarantee not expressly stated in these Terms of Use. The Business makes no warranty or representation that availability or use of the Sites or Services will be uninterrupted or error-free. The information provided on, from or through the Company, its Services and the Sites 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 Sites and related information and Services may contain bugs, errors, problems or other limitations. The Company and its affiliates have no liability whatsoever for your use of the Sites and Services and any such information or service.

LIMITATION OF LIABILITY

You expressly understand and agree that neither REALM Spiritual Adivsors nor any of its directors, employees, shareholders, affiliates (including parent or subsidiary companies), agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants or licensors (collectively “RSA Parties”), will be liable to you, in contract or in tort, for any loss or damages, either actual or consequential, arising out of or relating to these Terms of Use or your REALM Wallet, or to your (or any third party's) use or inability to use the Sites or the Services, or to your reliance upon any information. In particular, the RSA Parties will have no liability for damages of any kind, including, without limitation, compensatory, consequential, direct, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation; errors; loss of data, income, or profit, loss or damage to property; or interruption in availability of data), arising out of or relating to these Terms of Use, your use or inability to use the Sites or the Services, 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 of Use are exclusive and are limited to those expressly provided for in these terms. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.

The disclaimers and limitation of liability set forth herein are fundamental elements of the basis of the bargain between the REALM Spiritual Advisors and you. The Sites and the information provided therein and the Services would not be provided without such disclaimers and limitations.

THIRD-PARTY INFORMATION

Any articles, press clippings or other third-party publications (collectively, "Publications") made available through the Sites are furnished by the Business for your convenience and entertainment. The Business is a distributor (and not a publisher) of content supplied by third parties (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 Sites, are those of the respective author(s) or publisher(s) and not of the Business or its affiliates. REALM Spiritual Advisors disclaims any representation, either express or implied, that the information in such publications is accurate or complete.

RESTRICTIONS - COMPLIANCE WITH LAWS

Your right to use the Sites and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Sites and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the Sites or the Services, you agree:

  • not to use the Sites or the Services for illegal purposes;
  • not to interfere with or disrupt networks connected to the Sites;
  • to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Sites or the Services to send electronic mail;
  • not to use the Sites or the Services to post or transmit any solicitation, advertising or promotional materials;
  • not to use the Sites 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 use false identities or impersonate any person or your affiliation with any person or entity;
  • not to transmit any sexually explicit communications, photographs, or other materials;
  • not to transmit any files containing software viruses or other harmful computer code;
  • not to interfere with any other user’s access to or use of the Sites or the Services; or
  • not to speak or act in a manner that is deemed by a reader to be inappropriate, abusive, or threatening.

REALM Spiritual Advisors reserves the right, in its sole discretion, to immediately terminate your access to and use of the Sites or the Services, including your right to redeem the balance of your Wallet , without right to refund, for any violation of these Terms of Use.

Important Note: It is a violation of our Terms of Use for you to be in direct contact with any of our readers outside the Service, to provide your contact information to a reader for the purposes of facilitating contact outside of the service, or to ask any of our readers for their direct contact information. If you do so in violation of these Terms of Use, the Company bears no liability for any resulting actions, and your ability to use the Services and to redeem any funds in your Wallet may be revoked. Any such activities in violation of our Terms of Use, may be reported to REALM Spiritual Advisors by our readers and any such reports shall not be deemed a violation of our Privacy Policy.

LINKS TO SPONSORS AND OTHER THIRD PARTY SITES

The Sites may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). REALM Spiritual Advisors does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. REALM Spiritual Advisors is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that REALM Spiritual Advisors shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Sites does not indicate the approval of REALM Spiritual Advisors or an endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Sites, or based on such third party’s participation or presence on the Sites, are solely between you and the third party. REALM Spiritual Advisors makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Sites to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

INTELLECTUAL PROPERTY RIGHTS - INAPPROPRIATE USE OF SITES

The content on or delivered through the Sites, including, without limitation, all designs, text, messages, communications, documents, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from REALM Spiritual Advisors licensors, and other files or information (“Content”), and the selection and arrangement thereof, is proprietary property and protected by copyright, trademark, and other intellectual property laws under International Law.. Any use of Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

REALM Spiritual Advisors hereby authorizes you to view Content for non-commercial personal use only You shall not record or otherwise copy any Content. Specifically, and without limiting the foregoing, you shall not use any audio recording or retention devices/technology in connection with Readings, and you will not otherwise record, copy, scan, or transcribe Readings, including Readings by phone, chat or direct message, without the prior written consent of the Company. All rights not expressly granted herein are reserved to REALM Spiritual Advisors and  and its licensors.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, post, reproduce, republish or retransmit any Content contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content, without the express written consent of the Company. No information or statement contained in these Terms of Use or the Sites 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 the Company, its affiliates, or any third party.

You may not, without REALM Spiritual Advisors written permission, “mirror” any Content contained in the Sites or any other server. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites through hacking, password mining or any other means. REALM Spiritual Advisors may, at our sole discretion, limit, restrict, or terminate the access and use of the Sites of any users at any time, for any reason or for no reason at all, without prior notice or any notice. Associated Policies: Intellectual Property and Copyright, Telecommunications, Privacy and Confidentiality

MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)

You acknowledge that you are responsible for any information or material you provide to REALM Spiritual Advisors or post, upload, input, submit, or transmit to the Sites (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites any content which is libelous, scandalous, inflammatory, defamatory, discriminatory, false, vulgar, obscene, pornographic, profane, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views, or disability, 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. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of REALM Spiritual Advisors, exposes the Business  or any of its licensors, partners, or customers to any liability or detriment of any type.

Submissions shall be deemed to be non-confidential and non-proprietary. REALM Spiritual Advisors shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to the REALM Spiritual Advisors  and the Sites, you automatically grant to the Business a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of the Sites to access, view, store, or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonials,” you acknowledge that you grant the Business the right to publicly display all or a part of such Submission on the Sites or in any other format or media at any time.

Please note that REALM Spiritual Advisors does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential.

These Sites (including, without limitation, text, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the International copyright laws, and REALM Spiritual Advisors, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising the Sites are also copyrighted works, and REALM Spiritual Advisors, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in the Sites. By posting or submitting content on or to the Sites (including REALM Spiritual Advisors blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving REALM Spiritual Advisors and its affiliates, agents and third party contractors the right to display or publish such content on the Sites 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 Sites 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 Sites, 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 the Company, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, 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 the Company, 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 of Use; 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 REALM Spiritual Advisors and these Terms of Use. 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 REALM Spiritual Advisors all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage REALM Spiritual Advisors, this Sites 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.

NOTICE AND TAKEDOWN PROCEDURES

If you are a copyright owner or agent thereof and believe that any Submission accessible on or from the REALM Spiritual Advisors Website infringes upon your copyright, please contact REALM by email: admin@realmsa.com  with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your name, address, telephone number, and email address; (v) 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; and (vi) 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. Other occasions where content may be removed from the site would be as part of the proceses of Feedback censor ship where feedback breaches the TElecommunications Act. Associated Policies: Intellectual Property and Copyright, Complaints, Suggestions and Feedback

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the REALM Spiritual Advisors  Parties from any liability, loss, claim and expense (including legal and lawyers reasonable fees) related to (i) your violation of these Terms of Use, and (ii) your use of the Sites or the Services.

GOVERNING LAW

Except as specifically provided otherwise herein, the interpretation and enforcement of these Terms of Use and any disputes related to or arising out of your agreements with REALM Spiritual Advisors or use of the Sites or Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules. Notwithstanding the foregoing, the Conciliation and Dispute Resolution agreement set forth below shall be governed by the Fair Trading Act 2010 WA. Regulatory bodies can be found by reading the Legal and Policy

 

 

DISPUTE RESOLUTION

Except as specifically provided herein, any dispute or claim relating in any way to your use of the Sites or Services, including the determination of the scope or applicability of this agreement to conciliate (“Dispute”), will be resolved by conciliation, rather than in court, except that you may assert claims in small claims court if your claims qualify.

This agreement does not in any way alter your ability to bring concerns to the attention of REALM Spiritual Advisors’s Customer Service, or to raise any concerns with Commonwealth, state, or local agencies. The Consumer Protection Act (WA),  without regard to conflict of laws principles, apply to this agreement and any dispute or claim between you and REALM Spiritual Advisors. All legal disputes require that there is  an attempt to find resolution with the business in the first instance BEFORE escalating to a government authority or legal setting.

There is no judge or jury in Conciliation. However, a Conciliator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would. You can find information on pursuing a complaint through the Department of Commerce Western Australia here: https://www.commerce.wa.gov.au/publications/complaints-and-conciliation-guide-consumers

You and REALM Spiritual Advisors are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Frivolous claims may be heard via web or telephone conference with written submissions only.

We each expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of the ACCC would allow such an action. We each expressly waive our rights to file or participate in a class action or seek relief on a class or representative basis. Further, and unless we each expressly agree in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If for any reason the class, consolidated, or representative action waiver is found to be unenforceable, the class, consolidated, or representative action may only be heard in court and may not be entered into Conciliation under this Agreement. If either party fails to comply with this arbitration provision relating to any Dispute, said breaching party shall be liable for the costs and legal fees incurred by the other party in enforcing compliance with the arbitration agreement.

If for any reason a claim proceeds in court rather than in Conciliation we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any suit, cause of action, or legal proceeding arising under or relating to the Sites or your use of any Service that is not addressed through arbitration or in small claims courts as provided above, shall be (i) governed by the laws of Western Australia, in the Country of Australia without respect to its choice (or conflict) of laws rules, and (ii) in the exclusive jurisdiction and venue of the state courts of Australia, situated on Australia soil or the federal courts situated in the Country of Australia.  Associated Policies: Complaints, Feedback and Suggestions.

ENTIRE AGREEMENT

These Terms of Use constitute the sole agreement between you and REALM Spiritual Advisors and its affiliated entities relating to your use and our provision of the Sites and the Services and the subject matter hereof.