Terms and Conditions
The Website is owned and operated by BD Technologies AG. (“Company” or “Us”). We provide online counselling and spiritual services (“Services”), including providing psychic and astrology services through a live message chat (“Chat”) by Consultants to Clients (collectively, “Clients”). This website is intended to be used solely for entertainment purposes and the Client agrees that the Client’s use of the Website is to be strictly as entertainment.
These Terms and Conditions (the “Terms” or “Agreement”) is a binding legal contract between you, the Client, and the Company, a body corporate duly incorporated and registered under the laws of Switzerland.
Your use of the Services and mediumastro.com (the “Website”) and any other online platform we provide (collectively, the “Platform”), including, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the Website and related materials, is governed by these Terms and Conditions and is subject to arbitration (as set forth below). By visiting and using the Platform you acknowledge that you have read the Terms and Conditions (“Terms”) and that you accept and agree without limitation or qualification to be bound by the terms hereof. We reserve the right, in our sole discretion, to change these Terms and Conditions from time to time for example to reflect changes in the law or in our Services and/or Products. You are responsible for periodically checking our Terms and Conditions and Privacy Policy to appraise yourself of any changes since the last time you checked them. The changes will not apply retroactively and they will come into force on the date of update indicated at the top of the document. Your continued use of our Platform constitutes your wish to be bound by these Terms and Conditions. If you do not wish to be bound to these Terms and Conditions (or any revisions to them), you must immediately discontinue use of the Website, Platform, and/or Services and cancel any account you may have with Us. Violation of any of these Terms may result in the suspension of our Services to you, in accordance with these Terms.
1. DEFINITIONS
- Account: set of personal data and characteristics that a Client makes available to Consultants and/or to the Company in order to log in and to use the full functionality of the Website.
- Chat: a digital means of communication made available on this Website through which Clients communicate with Consultants to receive Services;
- Credits: a payment method specific to the digital system with which the Services on this Website are paid for;
- Credit Packs: Packs of Credits which Clients can purchase with our Services;Content: all content on the Website which includes but is not limited to all designs, text, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Company licensors, and other files or information not licenced from a third-party;
- Client: Natural person who visits this website and/or uses the services offered.
- Platform: Includes Our Website, in addition to any other ways we provide of accessing Website;
- Publications: Articles, eBooks or other writings made available through the Website, and/or provided by a third-party;
- Services: The psychic and astrological reading services provided by our Consultants to our Clients;
- Submissions: content submitted by a Client of the Website, which includes anything that a Client posts, uploads, inputs, submits, or transmits to the Website;
- Terms: These Terms and Conditions;
- Consultant: A natural person who provides services by answering client messages through virtual profiles created by the Company.
- Profile: A virtual profile that allows clients to communicate with consultants by sending messages that will be answered by the consultants.
- Website: mediumastro.com
2. PRIVACY POLICY
By agreeing to these Terms and Conditions, you are also acknowledging having read and agreed to our Privacy Policy which is incorporated by reference into these Terms. The same rules which apply to amendment and changes to this Agreement apply to the Privacy Policy. That Privacy Policy can be accessed on this website.
3. PERMISSIBLE USE
Age: To make an account with Us and to receive Services from Consultants, you must be at least eighteen (18) years of age and/or legal age in your country or state of residence. All Clients must legally have control of their own finances and must not be subject to guardianship or bankruptcy administration or have decisions made for them under an applicable power of attorney, nor lack capacity to make decisions with regard to the Website and use of the Website.
Permitted Jurisdiction: We provide this Website for use only persons located in the United States. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside the United States, you so do at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Account: Registration is required to use this website and the services. During the registration process, the Client creates a personal account for which an email address, a username, a date of birth and a password of their own choice is required. You agree to provide account and Client information that is complete, true, and accurate. We will not be responsible for any false or fraudulent information that a Client provides. You agree to update your information as required to maintain its accuracy, completion, and truth. You agree not to impersonate any person or entity, or make a false statement regarding your affiliation with any persons or entities, or make your Account accessible to others, except as may be explicitly allowed by other Terms herein. Please keep your account information confidential, secret and safe.
Confidentiality: You agree to maintain the confidentiality of your Account information, including your password, and to immediately notify Us of any unauthorized use of your account, password, or any other breach of confidentiality.
Improper Use: You agree not to undermine, disrupt, or manipulate the integrity or usability of the Platform or any of our provided Services. You further agree not to do the same to our profile feedback rating system, for which a Client may only submit one (1) feedback comment per profile within a reasonable period. We reserve the right to remove, in our sole discretion and without notice, ratings which compromise the integrity of our Platform and Services.
Prohibited Activities: You are prohibited from engaging in any activities that violate applicable laws, regulations, and restrictions in your jurisdiction. This includes, but is not limited to, compliance with all state-specific regulations governing the use of the Website. You are solely responsible for ensuring your compliance with the laws and regulations of your respective jurisdiction. Any use of the Website in a manner that violates such laws, regulations, or restrictions is strictly prohibited.
Unauthorized Use of the Website: You agree to not gain or attempt to gain unauthorized access to any computer, network, or server that is connected to our Platform. You also agree that unauthorized use of the platform includes violating any applicable state or federal laws of the United States, and it is your responsibility to comply with such laws and regulations. You further agree to not transmit, upload, email, post or otherwise make available through the Platform to the profiles, customer service or via the contact form: (a) any junk mail, spam, or unsolicited email or bulletin board postings; (b) any unlawful, harassing, libelous, abusive, threatening, violent, pornographic, hurtful, defamatory, vulgar, obscene, racist, extremist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (e) any information or material which may constitute or encourage conduct that is a criminal offence, a civil wrong, or otherwise violates any applicable law, rules, or regulation.
Important Note: It is a violation of these Terms for you to be in direct contact with any of our Consultants outside the Platform or to ask any of our Consultants for their contact information or for them to provide their services outside our Platform. If you do so in violation of these Terms, the Company bears no liability for any resulting actions or consequences, and your ability to use the Platform may be revoked. Any such activities in violation of these Terms, may be reported to the Company by our Consultants and such reports shall not be deemed a violation of our Privacy Policy. In an effort to protect certain personal data, which includes email addresses, weblinks and telephone numbers, information in the chats are automatically censored by our system and therefore are not visible by other Clients. Should a Consultant contact the Client outside of the Website (for example by phone, email or social network), the Client should immediately inform the Company via the contact form available on the Website. In addition, the Client should never reply to this kind of solicitation which is in direct violation of these terms and conditions. Communicating with a Consultant outside of the Website may result in the Client’s removal from the Service and the deletion of the Client’s Account.
4. CONTENT OF THE WEBSITE
The Website is for entertainment purposes only. The Website provides a platform on which the Client can contact and communicate with one or more profiles (simultaneously). The Client can choose from a number of profiles, each of which features a created persona with a fictional name and identity. Every message sent by the Client to a profile is answered by one of our Consultants. The communication between the Client and the Consultant is unique and tailored to the Client. All messages from the Client are answered as quickly as possible, by the first Consultant available. The communication in the chat between the Client and the Consultants, whereby several Consultants can participate in the course of one conversation, is confidential according to the privacy statement. To offer the best Client experience and ensure a natural conversation flow, the Consultants will represent and impersonate the profile chosen by the Client to communicate with.
The Company is allowed to send (and may send at intervals) automatic messages on the Website from profiles to Clients. The Company is also allowed to initiate the chats between consultants and Clients.
To ensure the flow and quality of the conversation, each message sent by the Client will have a limitation of 500 characters. One (1) picture may be attached to a message for the purpose of picture readings and to give additional information which cannot be described through text. Clients are not allowed to use any picture for communication purposes, such as sharing private data or circumventing the maximum amount of characters.
The Services are carried out exclusively by the Consultants under their sole responsibility as independent contractors. We have no influence on the content, performance, or quality of services provided by Consultants, and make no guarantees as to the content, performance and quality of services provided by Consultants.
Clients can also leave feedback and/or notes on the respective profiles they have utilized (with a limit of one feedback comment per profile within a reasonable period), as well as purchase e-books.
Our Website is generally available 24 hours a day, 7 days a week. This availability does not apply to downtime due to maintenance, software updates, or technical problems that cannot be influenced by the Operator (for example, neglect of a third party, force majeure, etc.). It is recommended that Clients use the most up-to-date version of their Internet browser for the best possible performance of the Website.
5. BILLING AND PAYMENT
You acknowledge and agree to pay for all messages with Consultants. Charges are calculated on a per-message basis and are paid for using credits (“Credits”) provided and sold by Us in Credit Packs and which are not subject to refunds or reimbursements under any circumstances, except those provided by this Agreement, except as provided by applicable US consumer protection laws. Credits can be purchased using credit cards or other payment mechanisms depending on your jurisdiction.
The Client shall pay the amounts due for the service in Credits, by means of the Client acquiring Credits directly through Paypal, Interac, Paysafecard or Credit card payment in Canadian dollars. All rates shown on the Website are inclusive of VAT and other government levies.
One message costs 5 Credits. However, the cost per credit may vary depending on the chosen credit pack. The cost per credit decreases gradually as the credit pack size increases. Some credit packs also offer free credits. Any free credits are included in the total amount of credits displayed on the Pack.
Clients have the right to cancel the purchase of unused Credit Packs within fourteen (14) days inclusive of the date of purchase for any reason, in accordance with applicable US consumer protection laws. In regular circumstances, such refunds shall be completed by bank transfer payment within fourteen (14) days after the Client has asked the Company for a refund.
Clients have the right to cancel the purchase of Credits purchased via a Credit Pack within fourteen (14) days without giving any reason (“Right of Withdrawal”), as provided by applicable US consumer protection laws. If the Client makes use of part of any of the Credits of the purchased Credit Pack and associated services during such fourteen (14) days, the Right of Withdrawal shall become null and void. Refunds will be made within fourteen (14) days of notification by the Client that they wish to exercise their Right of Withdrawal, via bank transfer. To this end, the Client must provide their bank account information to which the refund can be deposited into. To exercise the Right of Withdrawal, Clients must inform the Company by e-mail of their decision to cancel their purchase. If a Client exercises their Right of Withdrawal, they shall receive all payments they have made within the fourteen (14) day period, excepting additional costs resulting from a Client’s choice that they receive their refund different than the cheapest option we offer, immediately or no later than fourteen (14) days after they have made the required notice.
Your account balance with us will be denominated in Credits rather than your local currency. Such credits have no cash value and are not redeemable for services or products outside of our platform, or cash, except to the extent provided by applicable law. Credits are issued by us, yet we may, in our sole discretion, assign any obligations We may have with respect to our Credits to an affiliate or third-party to manage the issuance and management of such Credits. In the case of such aforementioned assignment, you agree that such assignee, and not us, shall be solely liable to you with respect to Credits.
Coupons and Promotions: Unless otherwise specifically provided, all coupons, discounts and special offers are non-transferable, valid for a limited period of time, can be used only once per Client, and may not be combined with any other coupon, discount or special offer, as stated in accordance with applicable US consumer protection laws.
10 free credits are given after registration. However, the Company may request to have the email address to be verified before these free credits are activated. In addition, verification checks are implemented to prevent spam-accounts from obtaining free credits. If the Client hasn't received free credits, they can always contact the customer service.
No Monitoring of Usage: Neither Us nor any of our partners or affiliates have any responsibility or obligation to notify you of the status of your credits, the expiration date, or other expenses with us. The Company is under no obligation to any Client to take any action or to refrain from taking any action with respect to usage of the Platform, except as required by law.
Auto-subscription : our service does not offer any subscription or auto-renewal. Each payment is made on a one-time basis and no charge can be made without the customer's authorization.
Ebooks: The eBooks offered on the Website can be purchased directly by Clients using payment methods available on the Website. No credit is required for this.
6. UNAUTHORIZED COPIES AND RETENTION OF INFORMATION
You agree that you will not use any audio recording or retention devices/technology in connection with our Services, and you will not otherwise make any copies, recordings, scans, transcriptions, or derivations, of our Services including but not limited to Chat histories with Consultant(s), without prior written consent from Us. Although We may provide you with access to recordings of your chat and direct messages with Consultants, you acknowledge and agree that, at any time in its sole discretion and without notice, we may delete such recordings and or terminate your access to such recordings, including but not limited to situations of Client violations or suspected violations of these Terms.
7. REFUSAL OF SERVICES
We reserve the right to refuse the provision of Services to any person for any reason, including violations or suspected violations of these Terms. We also reserve the right to pursue legal action against any person who violates these Terms, commits fraud, or otherwise violates applicable laws or regulations on our Website or Platform. Furthermore, a Consultant has the right to stop providing Services at any time if a Client’s comments and/or behavior is deemed, in the Consultant’s sole discretion, to be inappropriate, abusive, or threatening. Consultant’s will report such situations to Us and such Clients may be denied future access to the use of our Platform. Any such reports made by a Consultant to Us shall not be deemed a violation of our Privacy Policy.
If a banned Client re-enters the service/creates a new account (the “New Account”) without our consent, the Client agrees that we have the right to close down the New Account without any compensation to the Client. Any remaining credits on the New Account would then be forfeited.
8. LIMITATIONS AND WAIVERS
Warranties and Limitations on Liability: Our Services are provided “as is” and without warranty or condition. Our Platform may not be free of glitches, errors, or interruptions. All Clients (for certainty: Consultants and Clients) agree to waive all special, indirect, incidental, or consequential damages of any kind whatsoever, even if we have been advised in advance of the possibility of such damages, that result from the use of, or inability to use, our Platform, despite the cause. Nor shall we be liable for any delay or failure in performance resulting from causes beyond our reasonable control.
No warranty, express or implied, is made with respect to the Company, including any implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant that the functions offered by the Company will meet the Client’s requirements, or will operate in the manner desired by the Client or that the Website will be error free, or free from unauthorised intrusion.
The Company is not responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of any action of, including anything said or written by, a Consultant during any conversation or through the services in general. The Client understands and agrees that they will not hold the Company responsible for the acts or omissions of any of the Consultants.
Except where such exclusions are prohibited by law, under no circumstance will the Company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.
The agreement with regard to the use of the services of the Website between the parties is entered into for an indefinite period of time. The Client has the right to stop using the service and delete the account at any time. Client accounts will be deactivated after 180 days of inactivity.
On the Website the Client can request to close their account. The Client won't be able to access their account and is not able to receive any new messages. The option to have purchased credits refunded is mentioned in article 14.
The Client can also request a complete deletion of all data held by the Company pertaining to the Client. This request needs to be done via email. After deletion, all data and messages will be permanently removed. The Client can therefore no longer claim any outstanding credits or refunds.
It is understood that all messages received will be shown in the inbox, and the messages will be visible for 40 days.
9. INDEMNIFICATION
To the maximum extent permitted by applicable law, you, the Client, agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to third-party websites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.
10. ACCESSIBILITY
We strive to ensure that our Website is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and similar state-specific accessibility laws, where applicable. We are committed to making reasonable efforts to provide a user-friendly experience for all users, regardless of their abilities.
If you encounter any accessibility barriers while using our Website, please contact us via email to let us know about the issue. We will make reasonable efforts to address and resolve the accessibility concerns promptly.
Please note that while we endeavor to make our Website accessible, there may be certain limitations due to third-party integrations, technological constraints, or other factors beyond our control. We appreciate your understanding and feedback as we continuously work towards improving the accessibility features of our Website.
11. THIRD PARTY-INFORMATION
Any articles, ebooks, or other third-party publications (collectively, “Publications”) made available through the Website are furnished by the Company for your convenience and entertainment. The Company is a distributor (and not a publisher) of content supplied by third parties (including Clients). Any opinions, advice, statements, services, offers or other information made available by third parties, including Clients of the Website, are those of the respective authors) or publisher(s) and not of the Company or its affiliates. The Company disclaims any representation, either express or implied, that the information in such publications is accurate or complete.
12. INFORMATION ABOUT AVAILABLE PROFILES
In order to protect the personal identity of Consultants, we provide profiles with fictional names, information and profile photos. The names, images and / or photos used in the profiles are strictly for marketing purposes and therefore do not correspond to the identities of the Consultants who provide the answer to a message. A single conversation may be answered by several Consultants under the same profile. The Client affirms and acknowledges that despite any appearances suggesting the contrary, there is no guarantee that a Client will communicate with only one Consultant, even in a single chat. You understand and acknowledge that any reference to a Consultant or Consultants refers to the individual person answering the message and not to the profile presented on the Website.
The availability of certain profiles and Consultants is not guaranteed.
13. NON-COMMERCIAL USE AND UNAUTHORIZED COPIES OF CONTENT
The Company hereby authorizes you to view Content for non-commercial personal use only. You shall not record or otherwise copy any Content. Specifically, and without limiting the foregoing, you shall not record, copy, scan, or transcribe Chats with Consultants, without the prior written consent of the Company. Professional use of the Website is also not allowed.
All rights not expressly granted herein are reserved to Company and its licensors.
Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, post, reproduce, republish or retransmit any Content, information, text or documents contained in the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of the Company. No information or statement contained in these Terms or the Website shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of the Company, its affiliates, or any third party.
You may not, without Company’s written permission, “mirror” any Content contained in the Website or any other server. You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means. The Company may, at our sole discretion, limit, restrict, or terminate the access and use of the Website of any Clients at any time, for any reason or for no reason at all, without prior notice or any notice.
14. GOVERNING LAW AND FORUM
Except as set out below, this Agreement shall in its entirety be governed by and construed in accordance with the Laws of the State of California applicable therein, without reference to its conflict of law’s provisions.
Notwithstanding the aforesaid, and notwithstanding conflict of laws principles that would require the application of the laws of a foreign jurisdiction, you irrevocably and without warrant accept the exclusive jurisdiction of the Courts of California in any legal proceeding that may arise from this Agreement. Any litigation commenced by you notwithstanding its violation of this Agreement and your express consent to binding arbitration, shall be commended in California.
15. CONSENT TO ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, Platform, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
For the purposes of clarity, any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be California. The language of the mediation and/or arbitration shall be English.
16. PROMOTIONAL MATERIAL
You agree to have sent to you content, through e-mail, information about our products or services.
By agreeing to these terms, you consent to receiving promotional content, including information about our products or services, in accordance with applicable US laws.
You have the right to opt out of receiving promotional communications. If you no longer wish to receive such communications, you can exercise this right by contacting us via email. We will promptly process your opt-out request and update our records accordingly, in compliance with applicable US laws, including the CAN-SPAM Act.
Please note that even if you choose to opt out of receiving promotional communications, you may still receive transactional or service-related emails that are necessary for the proper functioning and administration of your account.
By opting out of promotional communications, you acknowledge and understand that it does not affect your access to and use of our services, and that you may periodically receive non-promotional messages related to your account or transactions.
17. INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including, without limitation, all designs, text, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Company’s licensors, and other files or information that is not licenced from a third-party such as in the case of licenced stock images (“Content”), and the selection and arrangement thereof, is proprietary property and protected by copyright under both Canadian and foreign laws. Any use of Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
18. MATERIAL YOU SUBMIT
You acknowledge that you are responsible for any information or material you provide to the Company or post, upload, input, submit, or transmit to the Website (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to distribute, or otherwise publish through the Website any images or photos of third parties or your own personal contact information, except as is necessary for the creation of a Client account. Furthermore, you may not upload to distribute, or otherwise publish through the Website any content that is libelous, scandalous, inflammatory, defamatory, discriminatory, false, vulgar, obscene, pornographic, profane, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful or bashing, aimed at a gender, race, ethnicity, sexual orientation, national origin, religious views, or disability, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear that the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (g) post the same note more than once or “spamming” ; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website , or which, in the judgement of the Company, exposes the Company or any of its licensors, partners, or Clients to any liability or detriment of any type. Should child pornography or similar stories about sexual child abuse or other child abuse stories occur in a (chat) conversation, this should be reported directly to Global Web Assets Limited. This can be done via email, telephone or submitting the contact form on the contact page.
Submissions shall be deemed to be non-confidential and non-proprietary. The Company shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to the Company and the Website , you automatically grant to the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and licence (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other Client of the Website to access, view, store, or reproduce the Submissions for that Client’s personal use. Without limiting the generality of the foregoing licence, if you send Submissions consisting of “testimonials,” you acknowledge that you grant the Company the right to publicly display all or a part of such Submission on the Website or in any other format or media at any time.
The Website (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a literary work or compilation under the copyright laws of the United States, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising the Website are also copyrighted works, and the Company, its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in the Website. By posting or submitting content on or to the Website, you are giving the Company and its affiliates, agents and third-party contractors the right to display or publish such content on the Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Website made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit Clients to, based solely on functionality provided and enabled by the Website, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and the Company, its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
19. ETHICS AND LIABILITY
Under no circumstances should the information presented in or through the Company’s services and/or products replace any recommendations received from legal, health or financial professionals, or any other professional. This Website is intended to be used solely for entertainment purposes and the Client agrees that the Client’s use of the Website is to be strictly as entertainment. Consultants, including those replying with a profile presenting "healing" gifts, undertake not to make any statement that could be considered as a health prognosis for the Client or judgement on any treatment to be followed or currently followed by the Client. If, despite all reasonable precautions taken by the Company and / or the Consultants, the Client perceives the profile to be offering a health prognosis or judgement, it is the Client’s own responsibility to rectify his own error in understanding.
Consultants working on mediumastro.com are subject to an obligation of means or must act in a prudent and diligent manner using all reasonable means. This invites Consultants to share their knowledge and advice with the Client. The obligation of means, or obligation to act in a prudent and diligent manner using reasonable means, creates the impossibility of any certainty or guarantee as to the accuracy, veracity or even the possible realisation of the advice and predictions provided. All advice or predictions given by the Consultant are provided solely as entertainment. It is therefore incumbent on the Client to be fully aware of the limits concerning the potential results of the discussions with the Consultants, which are in no way guaranteed by the Company and / or the Consultants.
The Company strives to uphold high ethical standards in its delivery of the Website and the services. the Company Consultants are required to agree not to place the Client in a situation that endangers his health, or person or financial situation and undertake to warn him if they detect a dependency on the service. It is the Client's responsibility to choose whether or not to continue using the service after such a warning. the Company may choose to close an account if the Company receives reliable information that the Client's health, or personal or financial situation appears to be in jeopardy by his utilisation of the service.
20. ENTIRE AGREEMENT CLAUSE
These Terms and Conditions, and any documents incorporated by reference (including but not limited to the Privacy Policy), constitute the entire agreement between you and the Company pertaining to the subject matter herein and supersedes all prior or other understandings, agreements, discussions, or arrangements, whether written or otherwise. A waiver by the Company or a lawful agent of any terms of this agreement does not constitute a continuing waiver of the same or a waiver of any other portion, aspect, element, or dimension of any of the terms in this agreement.
21. SEVERABILITY
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
22. DISCLAIMER
The Company applies the care customary in the industry and standards generally recognised in the industry for the fulfilment of the contract.
You acknowledge that the Services and the Website is provided by Company for spiritual purposes only, and that any opinion, response, advice, suggestion, predication, information, and/or other services provided by any advisor is provided solely for spiritual and entertainment purposes. The advice of our Consultants cannot be considered a substitute for professional psychiatric, psychological, or medical advice. Clients should not rely on or make health, legal, financial, or other personal decisions based on advice provided by a Consultant. We strongly recommend that a Client seeking medical or mental health advice see a qualified and licensed professional. We are not engaged in the business of providing professional advice of any kind and are not permitted to do so. Never disregard or delay seeking professional advice because of something you have read on the Website, including but not limited to your conversation with Consultants. You acknowledge and agree that any and all decisions that you make based, in whole or in part, upon any information of any kind provided through this Platform, is your sole and exclusive responsibility. If you consider that your utilization of the Website jeopardizes your financial situation and/or that you develop a form of dependence from it, it is your responsibility to ask the Company your self-exclusion from the Website by email or via the contact form available on the Website.
Please be aware that our platform does not engage in the business of providing professional advice, including health or medical advice, as defined by applicable US laws. It is your responsibility to familiarize yourself with the specific regulations and requirements of your state regarding the provision of health or medical advice. By using our platform, you acknowledge that any decisions you make regarding your health, well-being, or medical treatment are your sole responsibility. The Company, its affiliates, and its Consultants are not liable for any consequences resulting from the use or reliance on information or advice provided on the platform.
The Company will not, under any circumstances, be liable to a Client or any other person for any special, indirect, incidental, consequential, or other damages resulting from the use of the Website, including, but not limited to, reliance by any person on information obtained through the Website, virus transmission, or deletion or loss of files or e-mail, loss of data or information of any kind, loss of profit, or liability to third parties, however caused, whether by the act or negligence of the Company or otherwise. Indemnity The Client agrees to release the Company from and to hold the Company harmless, defend and indemnify against any and all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by the Company in connection with the Client’s failure to comply with this Agreement.
23. NOTICE
Notice to the Company shall be sent via email.
Notice to the User shall be sent to the email address provided by the User during registration or through any updated email address subsequently provided by the User.
Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, notice may be provided by certified mail, return receipt requested, or by a reputable courier service, with proof of delivery.
24. ASSIGNMENT
You may not assign, transfer, or sublicense any rights or obligations under this Agreement without the prior written consent of the Company. Any such unauthorized assignment shall be deemed null and void.
The Company may assign, transfer, or delegate its rights and obligations under this Agreement to any third party, without your consent. In the event of an assignment, transfer, or delegation, the rights and obligations of the Company under this Agreement shall be binding on the assigned party.
Any permitted assignment or transfer of rights or obligations under this Agreement shall be in writing and shall not relieve the assigning party of its obligations under this Agreement.
25. COMMUNICATION IN ENGLISH
To the fullest extent permitted by any applicable law, you hereby express that you are satisfied and consent to this Agreement and the Privacy Policy incorporated by reference, as well as all other required notices or communications, being presented only in English.
26. REPORTING AND CONTACT
This Platform is operated by the Company.
Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it to the Company by email.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed by email.
Helpdesk:
Email: teresa@mediumastro.com
Phone (Mon-Thurs 9am-11am)
: +1 307-500-1482
Mediumastro.com is a product of:
BD Technologies AG
Address:
Baarerstrasse 82
6300 Zug
Switzerland
COC number:
CHE‑443.976.147
VAT number:
EU372033696