1. Introduction

a. This is a legal agreement between you and Midfall, LLC., doing business as TAROARO, and hereafter referred to collectively as "Midfall," “us,” or “we,” governing your use of the TAROARO tarot card journaling application and services (hereinafter “the Services”).

b. By accessing or using the Services or any other applications, services or websites of Midfall, its affiliates or agents, you ("user" or "you") agree that (1) you have read, understand and agree to be bound by these terms of use (“terms”), (2) you are of legal age to form a binding contract with Midfall, and (3) you have authority to enter into these terms of use. If you do not wish to be bound by these terms of use in their entirety, you may not access or use the Services.

c. The Services may consist of the following, without limitation: journaling related to tarot readings, tarot card images, user commentary, fortunes, numerology, games, and communications with other users.

d. We may amend these terms of use at any time, and at our sole discretion. Please check the "last updated" legend at the top of this page to see when these terms of use were last revised. We encourage you to periodically review these terms to see if there have been any changes that may affect you. Changes to these terms will be effective immediately for new users of the site or associated services.

2. License

a. Subject to the terms set forth herein, we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the Services solely for entertainment purposes. We reserve all rights in and to the Services. Midfall reserves the right to revoke this license at any time, in its sole discretion.

3. Your access to the service

a. Without advance notice and at any time, we may, for violations of this agreement, suspend or terminate your access to the Services.

b. You may not use Midfall to create or share anything that is unlawful, misleading, discriminatory or fraudulent, or that infringes any person’s or entity’s rights, including, but not limited to, intellectual property rights. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Services.

c. Your right to use the Services made available by the Midfall is personal to you. You are permitted to use the Services solely for your own personal use. You are solely responsible for the contents of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.

d. The Services are not intended as a marketplace for any goods or services other than our own. Any transactions you undertake using the Services are solely your responsibility. You may not use the Services to conduct transactions for any illegal purposes.

4. Intellectual Property

a. Other than content provided by Users, all content ("Midfall Content") available through the Services is protected by copyrights, trademarks or other proprietary rights and laws. "Midfall Content" includes, but is not limited to text, software, music, sound, photographs, video, graphics or other materials. Subject to these Terms, Midfall grants you a limited license to reproduce and display portions of the Midfall Content in connection with using the Services for your own personal purposes. You are not permitted to copy, use, reproduce, distribute, perform, display or create derivative works from the Midfall Content unless expressly authorized by Midfall.

b. Midfall retains exclusive rights to the Midfall Content, including, but not limited to, all trademarks owned by Midfall and Midfall’s proprietary machine vision programming.

c. Your “User Content” consists of any content that you add to the Services, such as tarot card readings, commentary, interpretations, or images. You are solely responsible for ensuring that your User Content does not violate any rights of Midfall or any third party. You agree that your User Content will neither contain subject matter, nor be used in a manner, that infringes the copyright, trademark, publicity/privacy or other right of any third party. You agree that your User Content will be solely for personal use and any trademarks, logos, or works of art that become part of your User Content are part of goods owned by you.

d. You retain the intellectual property rights in your User Content, such as the copyrights in images, designs, written content or information, that you submit to Midfall via the application, except as described below. This means you, and not Midfall, are entirely responsible for the User Content you submit.

e. Unless you choose to transfer your User Content or share your User Content with others (e.g., via social media, a data backup or transfer service, or text message), MidFall does not have access to your User Content and your User Content is stored solely on the device on which the application that provides the Services resides.

f. All third-party trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. The use of third-party trademarks in your User Content does not imply sponsorship of you or Midfall by the third party.

g. Any rights not expressly granted herein are reserved.

5. Indemnification

a. You will indemnify, hold harmless, and defend Midfall from and against all losses arising out of any claim by a third party arising out of your User Content submitted to the Services, including, but not limited to, any resulting use, distribution or sale of the User Content that, constitutes an infringement of any patent, trademark right of privacy/publicity, copyright or the misappropriation of any trade secret.

b. The indemnification extends to claims resulting from actions that are taken outside of the Services involving User Content that was created and/or shared using the Services.

6. Copyright and DMCA

a. Midfall will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove User Content on the Services that we deem to be infringing the copyright of others. If you become aware of User Content on Midfall that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to elliot@taroaroapp.com

b. Misrepresentations of infringement can result in liability for monetary damages. You should consider consulting an attorney before taking any action pursuant to the DMCA.

7. Disclaimer of Warranties

a. The Services are provided "as is" and without warranty of any kind. To the maximum extent permitted by law, Midfall and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic.

b. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your User Content. We do not guarantee that the Services will always work properly.

8. Disclaimers and Limitation of Liability

a. THE SERVICES ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIDFALL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY RELIANCE ON OR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. MIDFALL SHALL NOT HAVE ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. MIDFALL WILL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES, WHETHER IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR USE OF OR ATTEMPT TO USE THE SERVICES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA. THIS LIMITATION ON LIABILITY SHALL NOT BE AFFECTED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

c. YOU AGREE TO RELEASE MIDFALL, OUR AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH ASSOCIATED DIRECTOR, EMPLOYEE, AGENTS, AND OFFICERS, FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES.

d. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN BY A THIRD PARTY, ARE THOSE OF THE RESPECTIVE THIRD PARTY, NOT OF MIDFALL. ANY INTERPRETRATIONS OF TAROT READINGS PROVIDED ON THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY. NEITHER MIDFALL, NOR ANY THIRD PARTY USING ITS SERVICES, ARE (1) PROVIDING FINANCIAL ADVICE OR FUNCTIONING IN ANY WAY AS A LICENSED FINANCIAL ADVISOR; (2) PROVIDING MEDICAL ADVICE OR FUNCTIONING IN ANY WAY AS A LICENSED DOCTOR, NURSE OR MEDICAL PRACTITIONER; OR (3) PROVIDING LEGAL ADVICE OR FUNCTIONING IN ANY WAY AS A LAWYER OR LEGAL ADVISOR. YOU SHOULD CONSULT WITH A LICENSED PROFESSIONAL BEFORE MAKING ANY FINANCIAL, MEDICAL OR LEGAL DECISIONS. MIDFALL BEARS NO LIABILITY FOR INJURIES OR DAMAGES ARISING OUT OF YOUR RELIANCE ON TAROT READINGS OR INTERPRETATIONS THEREOF PROVIDED THROUGH THE SERVICES.

9. Severability and Enforcement

a. If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.

b. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.

10. Governing Law

a. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the USA and the Commonwealth of Pennsylvania, without regard to choice of law principles, except as pre-empted by Federal law.

b. You and Midfall agree that for any dispute not resolved through informal negotiation or arbitration, the state and Federal courts having jurisdiction in Philadelphia County, Pennsylvania, USA have exclusive jurisdiction. You and Midfall consent to the personal jurisdiction of such courts, and consent that such courts are the proper venue for resolving said disputes.




All images of the classic tarot pack known as the "Rider Waite" are taken from the "Pam-A" edition of that deck.