Terms of this website
General
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This website (the “Site”) is owned and operated by Astrid (“Astrid,” “I”, or “me”). By using the Site, you agree to be bound by these Terms of Service and to use the Site by these Terms of Service, my Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or products and services available through the Site or from Astrid. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.
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I reserve the right to change these Terms of Service or to impose new conditions on using the Site from time to time, in which case I will post the revised Terms of Service on this website. By continuing to use the Site after I post any such changes, you accept the Terms of Service as modified.
Intellectual Property Rights
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My Limited License to You
This Site and all the materials available on the Site are the property of me and/or our affiliates, Trademark owners or licensors. They are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use.
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You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of my rights, impersonates me, or you do not have authorisation to cite me. More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. However, you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
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Your License to Me
By posting or submitting any material (including, without limitation, comments, testimonials, addresses, blog entries, Facebook postings, photos and videos) to me via the Site, internet groups, social media venues, or to any of my staff via email, text or otherwise, you are representing:
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that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and
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that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting me, and anyone authorized by me, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material, in whole or in part, any manner or medium, now known or hereafter developed, for any purpose. The preceding grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with exercising such rights, you grant me, and anyone authorized by me, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as I deem appropriate.
You acknowledge that Astrid has the right but not the obligation to use and display any postings or contributions of any kind and that Astrid may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason whatsoever.
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Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by mr by the Site. However, you may not, without our prior written permission, frame or inline link any of the Site's content or incorporate any of our material, content or intellectual property into another website or other service.
Disclaimers
I may provide links and pointers to Internet sites maintained by third parties throughout the Site. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither I nor my affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by me on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, not Astrid. Neither Astrid nor any third-party guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Astrid neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized representative of Astrid while acting in their official capacity.
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THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY Astrid AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
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You agree at all times to defend, indemnify and hold harmless Astrid, her affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
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You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or email correspondence with Astrid. You agree to use the Site and to purchase services or products through the Site for legitimate, commercial or non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes to anticipate paying demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. If you are purchasing for a third party that requires you to submit the third party’s personal information to me or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
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Interactive Features
This Site may include various features, such as weblogs, and email services, which allow feedback to me. Responsibility for what is posted on testimonials, weblogs, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. I do not control the messages, information or what you or others may provide through the Site. It is a condition of your use of the Site that you do not:
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Restrict or inhibit any other user from using and enjoying the Site.
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Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
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Interfere with or disrupt any servers or networks used to provide the Site or its features or disobey any requirements, procedures, policies or regulations of the networks I use to provide the Site.
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Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
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Gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
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Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
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Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.
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Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect to it, without first obtaining permission from the owner or rights holder.
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Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
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Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising.
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Use the Site for advertising or soliciting anyone to buy or sell products or services or to make donations of any kind without this site owner's written approval.
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Gather for marketing purposes any email addresses or other personal information of other Site users who have posted to this site.
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Astrid expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement produced or displayed in these forums or blog posts by third parties, nor am I responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will I, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums or information on this site.
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Astrid has no obligation to monitor any content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that I have the absolute right to monitor the same at our sole discretion. In addition, I reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
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Registration
To access certain site features, I may ask you to provide certain demographic information, including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, weblogs, or bulletin boards, you may also be asked to register with me on the form provided, and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration suppose. If I have reasonable grounds to suspect that such information is untrue, inaccurate, or incorrect. In that case, I have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to me as part of the registration process is governed by the terms of our Privacy Policy.
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Passwords
To use certain features of the Site, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify me immediately of any unauthorised use of your password or account or any other security breach and to ensure that you exit from your account at the end of each session. I cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
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Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL I, ANY SUBSIDIARY, SOLE TRADERSHIP OR PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY ME IN ANY WAY, EVEN IF I ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS Astrid IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
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THE SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN. OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY ME IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY Astrid, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
I DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY ME. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND Astrid MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agree that no representation has been made by Astrid OR ITS AFFILIATES and relied upon regarding the future income, expenses, sales volume or potential profitability that may be derived from participating in THIS PROGRAM.
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Termination
I may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed concerning material downloaded from the Site and the disclaimers and limitations of liability outlined in these Terms of Service shall survive.
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Refund Policy
Your product or service purchase may or may not provide any refund. Each specific product or service will specify its refund policy.
Other
The Australian Copyright Act 1968 (and its amendments) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights in the Australian Copyrightyright law. If you believe in good faith that materials hosted by Astrid infringe your copyright, you or your agent may write to Astrid a notice requesting that the material be removed, or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the Copyright Act shall not be considered sufficient notice and shall not be deemed to confer upon Astrid's actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Copyright Act permits you to s to Astrid a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the Copyright Act; see https://www.legislation.gov.au/Details/C2016C00146 for details. Astrid’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: braincells[at]web. de
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This Agreement shall be binding upon and inure to the benefit of Astrid and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Astrid. Notwithstanding the preceding, all rights and obligations under this Agreement may be freely posted by Astrid to any affiliated entity or wholly-owned subsidiaries, sole trader ship or employers.
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These Terms of Use shall be governed by the laws of the State of [Western Australia], and any dispute shall be subject to binding arbitration in [Western Australia]. Suppose any provision of this agreement shall be unlawful, void or for any reason unenforceable. In that case, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
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Disclaimer
Although highly unlikely, this policy may be changed at any time at our discretion. If I should update this policy, I will post the updates to this page on my Website. If you have any questions or concerns regarding this privacy policy, please direct them to braincells[AT]web.de
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