By using Apsychicboutique.com services, you acknowledge and agree that Apsychicboutique.com may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Apsychicboutique.com, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of Apsychicboutique.com services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

PROPRIETARY RIGHTS

APSYCHICBOUTIQUE’S RIGHTS

You acknowledge and agree that Apsychicboutique.com services and any necessary software used in connection with Apsychicboutique.com services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Google services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Apsychicboutique.com or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Apsychicboutique.com services, Content or Software, in whole or in part.

Subject to the Terms of Service, Apsychicboutique.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Google services. You agree not to access Apsychicboutique.com services by any means other than through the interface that is provided by Apsychicboutique.com for use in accessing Apsychicboutique.com services

Your Rights

Apsychicboutique.com claims no ownership or control over any Content submitted, posted or displayed by you on or through Apsychicboutique.com services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Google services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Apsychicboutique.com services which are intended to be available to the general public, you grant Apsychicboutique.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on Apsychicboutique.com services solely for the purpose of displaying, distributing and promoting Apsychicboutique.com services. This license terminates when such Content is removed from the Apsychicboutique.com service to which you originally submitted. Apsychicboutique.com reserves the right to syndicate Content submitted, posted or displayed by you on or through Apsychicboutique.com services and use that Content in connection with any of the services offered by Apsychicboutique.com. Apsychicboutique.com furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

SOFTWARE AND AUTOMATIC UPDATES

Your use of any Software provided by Apsychicboutique.com will be governed by this Terms of Service and any additional terms and conditions of the end user license agreement accompanying such Software. Apsychicboutique.com may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop Apsychicboutique.com services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

Any use of Apsychicboutique.com trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with Apsychicboutique.com and PMF guidelines and any content contained or reference therein.

GENERAL PRACTICES REGARDING USE AND STORAGE

You agree that Apsychicboutique.com has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Apsychicboutique.com services. You acknowledge that Apsychicboutique.com has set no fixed upper limit on the number of transmissions you may send or receive through Apsychicboutique.com services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of Apsychicboutique.com services, including upon receipt of a certificate or other legal document confirming your death, Apsychicboutique.com will close your account and you will no longer be able to retrieve content contained in that account.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Apsychicboutique.com services, use of Apsychicboutique.com services, or access to Apsychicboutique.com services.

MODIFICATIONS TO SERVICE

Apsychicboutique.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, that Apsychicboutique.com services (or any part thereof) with or without notice. You agree that that Apsychicboutique.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of that Apsychicboutique.com services.

LINKS

Apsychicboutique.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Apsychicboutique.com has no control over such sites and resources, you acknowledge and agree that Apsychicboutique.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Apsychicboutique.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to hold harmless and indemnify Apsychicboutique.com, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Apsychicboutique.com services, violation of this Terms of Service or any other actions connected with use of Apsychicboutique.com, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Apsychicboutique.com will provide you with written notice of such claim, suit or action.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF APSYCHICBOUTIQUE.COM IS AT YOUR SOLE RISK. APSYCHICBOUTIQUE.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APSYCHICBOUTIQUE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


• APSYCHICBOUTIQUE.COM DOES NOT WARRANT THAT (i) APSYCHICBOUTIQUE.COM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) APSYCHICBOUTIQUE.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF APSYCHICBOUTIQUE.COM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH APSYCHICBOUTIQUE.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF APSYCHICBOUTIQUE.COM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APSYCHICBOUTIQUE.COM OR THROUGH OR FROM APSYCHICBOUTIQUE.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT APSYCHICBOUTIQUE.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APSYCHICBOUTIQUE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE GOOGLE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM APSYCHICBOUTIQUE.COM SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON APSYCHICBOUTIQUE.COM SERVICES; OR (v) ANY OTHER MATTER RELATING TO APSYCHICBOUTIQUE.COM SERVICES.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

NOTICE

You agree that Apsychicboutique.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Apsychicboutique.com services.

GENERAL INFORMATION

Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Apsychicboutique.com and govern your use of Apsychicboutique.com services, superseding any prior agreements between you and Apsychicboutique.com for the use of Apsychicboutique.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Apsychicboutique.com services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and Apsychicboutique.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Apsychicboutique.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.

Waiver and Severability of Terms. The failure of Apsychicboutique.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Apsychicboutique.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.