Television Show "Psychic Readings Live" By-Laws
The following terms shall apply to each participant (Hereinafter: "the Caller") who shall make a call within the framework of the Show:
1. TV3, a company duly registered in Ireland (Hereinafter: the "Broadcaster") from, is broadcasting a television show (Hereinafter: the "Show") named "Psychic Readings Live".
2. The Show is produced by EsoTV Ltd, The Penthouse, Carolina Court, Giuseppe Cali Street, Ta’ Xbiex XBX1425 Malta) (Hereinafter: the "Producer").
3. The Show will enable viewers to contact and speak via telephone with psychics, and ask them questions.
4. The psychic services will be provided personally by the psychics and not by the Producer or the Broadcaster. Neither the Producer nor the Broadcaster have any knowledge or psychic ability. The psychic services are for entertainment purposes only. The responsibility of the Broadcaster is to broadcast the Show and the responsibility of the Producer is to produce the show and its services, including enabling the telephone connection between the Callers and the psychics. Neither the Producer nor the Broadcaster or any of their employees, officers, directors or shareholders are and shall be responsible in any manner whatsoever to any act and/or omission of any psychic, including any words, sayings, suggestions, offers etc. of the psychics, and the Caller waives all demands against the Broadcaster and/or the Producer in connection thereto. All responsibility to any such acts and/or omissions shall be borne only by the psychics personally.
5. Each caller will be presented with a list of psychics to talk to (including but not guaranteed to speak, if possible, live to the psychic in the studio) on availability basis at that time, and will be offered to choose with whom to talk. Talking live on air will be determined by the qualification stage pursuant to terms of part E below.
6. The telephone services shall be provided by EsoTV. The Broadcaster shall not be responsible for the telecommunication services.
7. Making a call to the premium rate number the participation in the Show and Producer's services and/or talking to the psychics is limited to Irish residents 18 years of age and older only with the permission of the phone bill payer. In the absence of the possibility to verify the above details, charges and/or money spent for making calls made by minors and/or in the absence of the consent of the phone bill payer shall not be returned.
8. All calls are logged and all conversations are recorded.
9. Each Caller may participate in the Shows and/or make calls as many times and be on the line till 24,6 minutes as this reach the €60 termination point. The phone call will not guarantee that caller can talk to the psychic who is on the TV screen.
B. Terms of Participation:
10. The Caller grants the Producer and the Broadcaster his explicit and irrevocable permission, unlimited in time and place, to use its voice, pictures, video and audio recordings and any saying or other action recorded and/or filmed by the Producer in connection with the Show and the transmission of the Show and the services provided to the Caller (Hereinafter: the "Recorded Parts"), according to the Producer's and/or Broadcaster's discretion for the purpose of broadcasting the Show, promotion of the Show, the show, the channel the Broadcaster and/or the Producer and/or Producer's services, and for any commercial use.
11. The Caller shall not have any right, including Copyrights and performance rights, in the Recorded Parts and/or in the Show, and such rights shall be owned by the broadcaster and/or the Producer.
12. Without derogating from the generality of the abovementioned, the Producer and/or the Broadcaster shall be entitled to make the following uses:
- Recording, imprinting, copying and reusing by any means, including print and saving on film, magnetic means, diskette and digital technology;
- Commercial goals and/or uses;
- Public performance;
- Presentation and/or exhibition, including to the public;
- Addition to the computer memory and/or the computer or a multimedia network (including the internet) and/or saving on any of the above;
- Renting and/or lending;
- Video and/or audio broadcast (including re-broadcasting),, in any form and/or manner, including, but not limited to, landline (including cables) or wireless manner, via a ground based station, transmission via satellite, , internet or other. including in any channel format;
C. The Schedule of the Show
13. The Show shall be broadcasted starting June 18th 2012. Exact broadcasting days and times shall be decided from time to time by the Broadcaster and/or the Producer. Without derogating from the above the Broadcaster may amend at any time, and without a prior notice, the broadcasting days and/or times, according to its absolute discretion.
D. Participation & Billing
14. Viewers may call to 1580 999 222. Calls cost €2.44 per min from an Eircom landline. Calls from mobiles and other networks may cost more.
Upon calling the Caller will be provided the following options:
a. To talk live to the psychic who is in the studio. Talking live will be determined by the qualification stage pursuant to terms of part E below.
b. To talk live to any other available psychic. It is expressly noted that the Producer cannot guarantee that a Caller will talk to his chosen psychic, and the possibility of such conversation depends on availability basis.
The above call cost is applicable from the time the call has been started until the disconnection thereof, including, without limitation, all waiting times (if at all), including if the call was terminated by the Caller due to unavailability of the chosen psychic.
15. By calling the premium rate number each Caller undertakes to pay his charges for the calls fully and dully. The client will be charged by the communication providers. Nonpayment of bills may end, inter alia, in prevention of telecommunication services.
16. At the beginning of each call each Caller is informed about the price, service provider and name of the service.
17. All above costs are VAT inclusive.
E. Determination of the Live Broadcast Participants
18. Each Caller who calls during Broadcasting time to the premium rate number and prefers talking live to the psychics who is in the studio will have to wait in the waiting queue until the editor connects the Caller into the studio. It is not guaranteed that each caller will be connected. However all callers have the possibility to talk to the available background psychics any time.
19. Callers who are directly connected to the studio must apply to the terms or the provisions provided to them by the production staff. The Producer and presenter maintain the right to end the conversation when according to their discretion it seems the contestant is acting in an improper manner or in a manner which may be in contrast to the rules which apply to the broadcast or any law.
20. The Callers may not, without any reservation, promote or advertise any product or service, use blatant language, curse or say anything else (including defamatory language) which might harm or damage any person, body or entity, distribute political or religious opinions or any other matter.
21. Each Caller is exclusively liable to any saying made by him during his participation in the Show and any consequence of his sayings.
22. The Producer and/or the Broadcaster or anyone on their behalf are not and shall not be responsible in any manner whatsoever to the function of the telephone and communication systems including in connection with the premium rate number, " and/or aggregators and/or cellular and/or long distance telecommunication systems and their operators, and/or the telephone devices and/or the telephone lines, including all the components thereof, and shall not be liable to any failures and/or disturbances to and/or interruptions and/or disconnections in the communication systems and/or to any direct and/or indirect damages, including direct and/or indirect expenses, which may be caused to any person and/or Caller and/or to any viewer due to any such failures and/or disruption recesses and/or interferences. The abovementioned shall include, but not be limited to, lack of responsibility for questions and/or answers which have been lost, delayed or unfilled as required or for answers or messages which are not received or transmitted. Answers of such kind shall be void. By the law health issues can not be discussed on air. The Caller waives any claim against the Producer and the Broadcaster in connection to any of the above.
23. The Producers and/or the Broadcaster decisions in all matters shall be final and non appealable.
24. Participation in the Show does not require any preliminary undertakings.
25. Personal data such as name. address, telephone number (hereinafter: "Personal Data") provided by the Callers and/or which are received with respect to the Callers during their connection shall be kept and may be used for quality control by the Broadcaster and/or the Producer and the suppliers and their contractors thereof for the purpose of conducting the Show and Producer's services there under. The caller agrees that by calling the Show, he/she will periodically receive SMS information from Broadcaster and/or the Producer.
26. The Producer and/or the Broadcaster and/or any person and/or entity on their behalf may transfer the Personal Data to communication and telephone number and line providers including Oxygen8 Ltd., landline and cellular services, aggregators etc., or to relevant regulatory bodies, the police or authorities conducting investigations, with respect to complaints or suspicion of illegal activity or when asked to do so by the above entities and/or authorities in connection with the billing of the Callers within the framework of the Show or Producer's services.
27. The Producer and/or the Broadcaster and/or any person or entity on their behalf may use general and/or accumulative data, which is not personal for the purpose of conducting market researches or in the inspection of reviews, developments and improvements for relevant services.
28. Viewers and Callers are advised to print these terms and keep them in a safe place.
29. The Producer and/or the Broadcaster reserve the right to stop and/or change the broadcasting of the Show at any time, and to change the participation terms and the terms of these by – laws.
30. The laws of the state of Ireland shall exclusively apply to the terns of these By-Laws (and in respect of making calls, participating in the Show and using the Producer's services) and they shall be construed exclusively in accordance with the laws of the state of Ireland, and no other law shall apply.
31. The terms are drafted in masculine for the sake of convenience only and apply to the feminine as well.
32. The said terms and restrictions can be found and read on the internet site on the following address: www.PsychicReadingsLive.com
33. Client service is provided 24 hours 7 days a week by calling the following numbers for regular fare:081 844 4338 operating during the show by live operators and off show hours by an answering machine followed by a callback service. Please provide any question or complaint by using the above numbers. The above numbers are not intended for participating the Show.
34. Questions with respect to the Show and services may be sent to the following address: info@PsychicReadingsLive.com.
35. Psychics are independent contractors and are in no way employees of EsoTV. Psychics may provide EsoTV with profile images and written biographies. Where psychics are unable to provide profile images that are appropriate or of sufficient quality, and/or where psychics may wish to protect their privacy, then stock photos or avatars may be used to represent the psychics in their on-line profiles.