Terms of Use

Please read carefully

Effective July 9, 2018; Last Updated: October 30, 2020

These Terms of Use (“Terms”) is a legal agreement between you and Zappallas, Inc. (“Zappallas,” “we,” “us,” or “our”) that governs your use of our platforms including our websites at Tarot.com, Numerology.com, Dailyhoroscope.com, Zappallas and our mobile applications that display these Terms (collectively, the “Platforms”).

By accessing our Platforms on any computer, mobile phone, tablet, console or other device, you signify that you have read, understand and agree to be bound by these Terms, whether or not you register for our Platforms. We may modify these Terms from time-to-time. You understand and agree that your access to or use of the Platforms is governed by the Terms effective at the time of your access to or use of the Platforms. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Platforms prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. Your continued use of the Platforms will be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms, please do not use the Platforms.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is available at and incorporated by this reference.

Please note that, as described in our Privacy Policy, we reserve the right to disclose your information, including personal data, as required by law and when we believe that disclosure is necessary to protect our rights or property, or comply with a judicial proceeding, court order, or legal process served on us.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and Zappallas will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Creating An Account

You must create an account and provide certain information, such as your name and email about yourself in order to use some of the features that are offered through the Platforms. Optional services, such as receiving text messages ("SMS messages") may require additional information, such your mobile device number. You must be at least 16 to create an account. You are responsible for maintaining the confidentiality of your account password, and we are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close or suspend access to your account at any time for any or no reason. Your account is for your personal use only.

Intellectual Property

All content included on the Platforms, such as personalized horoscope, astrology, tarot or numerology reports, and other text, graphics, designs, logos, icons, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of Zappallas or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws. Trademarks, service marks and logos that we use are trademarks of Zappallas. Third-party trademarks that appear on the Platforms are the property of their respective owners. Your use of any of the trademarks displayed on the Platforms without our (or their owner's) express written permission is strictly prohibited.

Limited License.

So long as you comply with these Terms of Use, you may access and use the Platforms and use the Materials for non-commercial purposes. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication, sale or personal gain, is expressly prohibited.

Platform Restrictions.

You acknowledge that the Platforms are provided for entertainment purposes only. You agree to use the Platforms in a manner consistent with all laws and regulations and in accordance with these Terms of Use. Except as expressly and unambiguously permitted in these Terms of Use or other written consent from Zappallas, you may not, and you may permit anyone else to, directly or indirectly:

i. Use any data mining, robots or similar data gathering and extraction methods to collect, "scrape," or download information from the Platforms or from users of the Platforms;

ii. Copy, distribute, or otherwise use the Materials or other data or information from the Platform for commercial purposes, including commercial publication, sale or personal gain;

iii. Mirror any Materials contained on the Platforms or any Zappallas server or use framing techniques to enclose the Platforms or any part thereof;

iv. Circumvent any of the technical limitations of the Platforms, or decompile, disassemble or otherwise reverse engineer the Platforms;

v. Perform or attempt to perform any actions that would interfere with the proper working of the Platforms, prevent access to or use of the Platforms by our other users, or impose an unreasonable burden on our Platforms' infrastructure;

vi. Change or remove any copyright, trademark, or other proprietary notices from the Materials or Platforms;

vii. Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;

viii. Use any metatags or any other hidden text incorporating Zappallas' name or trademarks in any online site or posting;

ix. Solicit, trace or otherwise collect any information from users or visitors of the Platforms;

x. Use the Platforms for commercial activities such as contests or advertising;

xi. Use the Platforms for any fraudulent or illegal purposes; or

xii. Post any material that could be considered obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.

Content Submitted.

Your feedback and participation in the Platforms is important to us. With respect to any content you submit to Zappallas or post via the Platforms (including through social media channels), such as your interactions with Zappallas including comments, feedback, testimonials, pictures, videos and other content ("User Content"), you grant to Zappallas a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. You acknowledge and promise that User Content is not confidential. By posting or distributing User Content, you understand that it may be freely copied and distributed by others without additional permission, in accordance with our Privacy Statement.

Content Rules.

You represent and warrant that your User Content and your activities on the Platforms do not and will not violate these Terms of Use or the rights of any third party, including infringing or misappropriating any third party intellectual property and publicity rights. You are solely responsible for your User Content and your activity on the Platforms.

User Content Is Not Prescreened.

We do not prescreen User Content and cannot guarantee the Platforms will be free from User Content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any User Content or activities of users on the Platforms. Even in the event we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove, it. If you have concerns about any User Content posted by another user, please use the Copyright notice procedures in these Terms of Use to notify us.

Copyright Infringement Notice Procedure.

Zappallas respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Platforms in a way that constitutes copyright infringement, then please contact us and provide the following information:

i. A description of the copyrighted work that you believe has been infringed;

ii. A description of what the allegedly infringing work is;

iii. A description of the location where the allegedly infringing work is located on the Platforms;

iv. An address and telephone number where you can be contacted, including an email address if possible;

v. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

vi. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and

vii. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.

Termination.

We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your User Content, (iii) restrict your use of all or any part of the Platforms, and (iv) modify or discontinue the Platforms (or any part of the Platforms), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Platforms by using any technology available, such as blacklisting certain IP addresses or device numbers.

Payment, Refund & Expiration Policy.

Karma Coins® ("Coins") are the currency used on the Service to purchase certain products, including tarot readings, astrology reports, numerology reports and I ching readings ("Reports"). Coins are either purchased in packages or granted to users for free upon registration, or as a bonus gift at Zappallas' sole discretion. All Coins are saved in a user’s account. If a user elects to purchase a Report, Coins are automatically debited from the user's account.

By submitting an order to purchase Coins through the Service, you authorize Zappallas or its designated payment processor to charge the credit card account you provide for the payment, for the amount specified at checkout. All payments must be made using a credit card or other approved payment method. Payment values are in US dollars. You are responsible for all applicable charges, including any sales or use tax, duties, VAT, or other governmental taxes or fees payable in connection with your purchase, and Zappallas reserves the right to collect such taxes or other fees from you at any time. If a credit card reaches its expiration date, your continued use of the Service constitutes your authorization for Zappallas to continue billing your credit card and you remain responsible for any uncollected amounts. Zappallas reserves the right to terminate your account for any reason, including credit card processing issues.

Unless otherwise explicitly stated, purchases of Coins are not refundable, whether or not Coins are used. Coins are not transferable. Unused Coins may be subject to applicable U.S. state escheat law. If you terminate your account, the Coins remaining in your account will no longer be redeemable.

If you are a user located in the UK or EU, you may cancel a purchase of Coins at any time within a 14 day "cooling-off" period starting the day after the date of purchase of any Coins. To cancel a purchase of Coins, you must email us and provide your name, address, and any order reference number, with the subject line "Coin refund request". If you cancel a purchase within the cooling-off period, of the value of any unused Coins will be refunded. Refunds will be processed as soon as commercially reasonable and, in any case, within 30 days of receipt of your cancellation request. Refunds will be made by the same method originally used to pay for the purchase, unless agreed otherwise. Where you pay for Reports sent through the Platforms using Coins, such digital content is provided immediately, and you acknowledge and agree that this is the case and, therefore, that you have no right to change your mind and cancel such purchase pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 once such purchase has been made.

Representations And Warranties.

You represent and warrant that: (i) you are 16 years of age or older; (ii) you have provided accurate and current information about yourself in all forms used in conjunction with the Platforms; (iii) you are eligible to use the Platforms and have the right and power to enter into these Terms of Use; (iv) you have and will comply with all federal, state and local laws, including without limitation applicable tax laws; (v) you will not use the Platforms, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Platforms; and (vi) you and your use of the Platforms will be in compliance with these Terms of Use.

Warranty Disclaimer.

ALL READINGS AND REPORTS ARE FOR ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS MEDICAL, LEGAL OR FINANCIAL ADVICE ON ANY SUBJECT MATTER. THE PLATFORMS MAY CONSIST OF THE FOLLOWING, WITHOUT LIMITATION: ASTROLOGICAL CONTENT, REPORTS, TAROT READINGS, FORTUNES, NUMEROLOGY, EMAIL CONSULTATIONS AND LIVE TELEPHONE CONSULTATIONS. THE PLATFORMS ACT SOLELY AS AN INTERFACE TO FACILITATE COMMUNICATIONS INITIATED BETWEEN MEMBERS AND AS A THIRD-PARTY PAYMENT NETWORK. THE ADVISORS ARE ALSO MEMBERS OF THE PLATFORMS AND NOT EMPLOYEES OF ZAPPALLAS. ZAPPALLAS DOES NOT VERIFY THE DEGREES, QUALIFICATIONS, CREDENTIALS OR BACKGROUND OF THE ADVISORS. ZAPPALLAS DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE ADVISORS OR BY DAILY INSIGHT, NOR DOES IT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY, THE ADVISORS.

THE PLATFORMS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE PLATFORMS AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT RELATED TO OR ARISING OUT OF THE PLATFORMS, ANY MATERIALS OR USER CONTENT ON THE PLATFORMS, OR ANY PRODUCTS OR PLATFORMS PURCHASED OR MADE AVAILABLE ON THE PLATFORMS, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. ZAPPALLAS DOES NOT WARRANT THAT THE PLATFORMS WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. ZAPPALLAS ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE PLATFORMS. ZAPPALLAS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE PLATFORMS.

Limitation of Liability And Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZAPPALLAS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PLATFORMS PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY, INCLUDING THOSE ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE PLATFORMS OR ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY CONTENT IN THE PLATFORMS; (ii) THE PLATFORMS OR THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE PLATFORMS; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT OR PERSONAL DATA; (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY THIRD PARTY; (vi) ANY OTHER MATTER RELATING TO THE PLATFORMS OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PLATFORMS. IN NO EVENT WILL ZAPPALLAS' LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO ZAPPALLAS FOR PRODUCT OR SERVICES PURCHASED THROUGH THE PLATFORMS IN THE THREE MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM UPON WHICH LIABILITY IS BASED. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

Indemnity.

You agree to defend, indemnify and hold harmless Zappallas, 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 Use or your use of the Platforms, including, but not limited to, your User Content, any use of the Platforms' content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platforms.

Communications.

By using the Platforms, you agree to receive certain electronic communications from us, whether through the Platforms, by email. You may unsubscribe from email marketing at any time by clicking the appropriate link in the communication or by logging into your account profile and making changes in your account settings. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Zappallas may be recorded.

Third Party Services.

The Platforms may contain links to websites, applications or other products or services operated by other companies and offers provided by third parties (“Third Party Services”). We do not endorse, monitor or have any control over these Third Party Services, which are governed by separate terms and privacy policies. We are not responsible for the content or policies of Third Party Services and you access such Third Party Services at your own risk. We expressly disclaim any liability for these Third Party Services.

Arbitration Agreement and Class Action Waiver.

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Use or any aspect of your relationship with Zappallas, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a panel of three arbitrators instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that Zappallas and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action. The parties agree that the panel will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this arbitration agreement.

You and Zappallas each retain the right to: (i) bring an individual action in small claims court and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending us an email or a letter to 7412 SW Beaverton Hillsdale Hwy., Suite 102, Portland, OR 97225 within 30 days after the date you first agree to these Terms of Use. If you don’t provide Zappallas with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The panel will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the panel determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the panel will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Zappallas will contribute to your filing and hearing fees as the panel deems necessary to prevent the arbitration from being cost-prohibitive. The panel’s decision will follow the terms of these Terms of Use (including the Limitation of Liability provision) and will be final and binding. The panel will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the panel. The award rendered by the panel may be confirmed and enforced in any court having jurisdiction.

Miscellaneous.

a. Survival.

The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

b. Assignment.

c. Disputes.

d. Limitations on Claims.

e. No Waiver.

f. Severability.

g. Entire Agreement.