Legal

Terms of Service

The following terms and conditions govern all use of the AxelGirier.com website (the “Website”) and all content, services, and products available at or through the Website (collectively, the “Services”).

The Services are owned and operated by Axel Girier-Dufournier (“Axel Girier”, "we", "us" or "our") and hosted by Ghost.org (Ghost Foundation).

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Axel Girier's privacy policy and Ghost Foundation's Data Processing Agreement under the European General Data Protection Regulation) and procedures that may be published from time to time on the Website by Axel Girier and which are incorporated herein by reference (collectively, the "Agreement").

Please read this Agreement carefully before accessing the Website or using the Services.

By accessing the Website or using the Services or any part thereof, you agree to become bound by the terms and conditions of this Agreement.

If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Axel Girier, acceptance is expressly limited to these terms. The Website and Services are available only to individuals who are at least 13 years old.

Violation of any of the terms below will result in the termination of your account. You agree to use the Website and Services at your own risk.

1. Your AxelGirier.com Account

If you create a user account to avail yourself of the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account.

You must immediately notify Axel Girier of any unauthorized access to or activity on your account or any other breaches or suspected breaches of security.

Axel Girier will not be liable for any acts or omissions by you or in connection with your account, whether authorized or unauthorized, including any actions, proceedings, claims, damages, liabilities, charges, losses, or costs and expenses (including without limitation, legal costs and expenses and costs of other professionals and any penalties or other amounts levied).

  1. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person - a single login shared by multiple people is not permitted.
  4. You are responsible for maintaining the security of your account and password. Axel Girier cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2. Responsibility of Users

2.1 User-Generated Content

Axel Girier allows users to publish Content using its Services. “Content” includes but is not limited to text, graphics, documents, photographs, images, music, audio files, video files, information, data records, computer software, and any other form of digital or electronic files or data.

If you comment on the Website, post material to the Website, post links on the Website or otherwise make (or allow any third party to make) material available by means of our Services, you are creating or making available Content (“Your Content”).

Rights to Your Content: You represent and warrant that you own or otherwise have all the necessary rights to provide Your Content submitted to the Services, whether directly or indirectly, and represent and warrant that Your Content is accurate, non-confidential, and that it does not and will not infringe any intellectual property rights or personal data rights of any third party.

Waiver of rights: You understand and agree to waive any rights you may have against Axel Girier, our assignees, sublicensees, and their assignees, in relation to the use of Your Content in connection with the provision of the Services.

Deletion of Content: If you delete Your Content, Axel Girier will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to Your Content may not be made immediately unavailable.

Backups: You are solely responsible for securing and backing up Your Content.

Exclusion of liability: You are entirely responsible for the content of, and any harm resulting from, Your Content. We take no responsibility and shall assume no liability for Your Content.

2.2 Prohibitions

By using any Service, you agree not to do, or permit others to do, any of the following:

  1. Through the Website or using our Services, transmit, distribute, post, store, link, or otherwise traffic in Content that you believe or have reasonable grounds to suspect:
    1. infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity;
    2. invades any individual’s rights of privacy;
    3. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
    4. is fraudulent, false, misleading, deceptive, untruthful or inaccurate;
    5. is defamatory or libelous;
    6. is offensive, profane, contains or depicts pornography that is in breach of applicable laws and regulations;
    7. promotes discrimination, bigotry, racism, hatred, harassment, abuse, or harm against any individual or group;
    8. is violent or threatening or promotes violence or actions that are threatening to any other person;
    9. promotes illegal or harmful activities or substances in breach of applicable laws and regulations

  1. Send any unauthorized or unsolicited advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  1. Use, display, mirror, or frame any Service or any individual element within a Service, the Axel Girier name, the name of any Service, any Axel Girier trademark or trademark of any Service, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Axel Girier’s express written consent;

  1. Access, tamper with, or use non-public areas of any Service, Axel Girier’s computer systems, or the technical delivery systems of Axel Girier or our providers;

  1. Attempt to probe, scan, or test the vulnerability of any Service or Axel Girier's network, or breach any of Axel Girier’s security or authentication measures;

  1. Make use of any Service in a way that places excessive burdens on the network & systems or interferes with our ability to provide services to other customers;

  1. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Axel Girier or any of our providers or any other third party (including another user) to protect the Services or data stored on our Services (including Content);

  1. Attempt to access or search any Service, or download without authorization data (including Content) from any Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Axel Girier or by other generally available third-party web browsers;

  1. Use any meta tags, hidden text, or metadata utilizing an Axel Girier or Service trademark, logo, URL, or product name without Axel Girier’s express written consent;

  1. Use any Service or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement;

  1. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use any Service to send altered, deceptive, or false source-identifying information;

  1. Except as authorized, attempt to decipher, decompile, disassemble, or reverse engineer any of the software or systems used to provide the Services;

  1. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing Axel Girier or the Services;

  1. Collect or store any personal data from the Services or Axel Girier, or from other users of our Services, for any reason whatsoever, including anyone’s identification documents or sensitive financial information;

  1. Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including any of Axel Girier’s employees or representatives;

  1. Violate any applicable law or regulation;

  1. Carry out any act that is otherwise inappropriate as determined by Axel Girier in its sole and unfettered discretion; or

  1. Encourage or enable any other individual to do any of the foregoing.

2.3 Reserved Rights

Without prejudice to any other rights that Axel Girier may have at law or in equity, Axel Girier has the right (though not the obligation) to, in its sole and unfettered discretion:

  1. Refuse or remove any Content (including Your Content) that, in Axel Girier’s opinion, violates any Axel Girier policy or is in any way harmful or objectionable;

  1. Remove or disable your access to the Services if, in Axel Girier’s opinion, you have violated the terms of this Agreement, or that harm has or will be done to Axel Girier or the Services;

  1. Investigate and prosecute any violations of the prohibited actions at clause 2.2 (Prohibitions) above to the fullest extent of the law;

  1. At any time, involve and cooperate with enforcement authorities in prosecuting users who violate the terms of this Agreement;

  1. Cancel unconfirmed accounts or accounts that have been inactive for a long time;

  1. Modify or discontinue the Services;

  1. Disclose your identity to any third party claiming that Your Content constitutes a violation of their intellectual property rights, or of their rights to privacy;

  1. Terminate or deny access to and use of the Services to any individual or entity at any time and for any reason.

Axel Girier will have no obligation to provide a refund of any amounts previously paid.

Axel Girier shall have no obligation to monitor your access to or use of the Services or Content, or to review or edit any Content.

However, we shall have the right to review, edit, delay, or remove Your Content for the purpose of operating the Services, to ensure your compliance with the terms of this Agreement, or to comply with the law or the order or requirement of a court, administrative agency or other governmental body.

3. Payment and Renewal

3.1. General Terms

Optional paid services such as paid memberships or coaching offers are available on the Website (any such services, an "Upgrade").

By selecting an Upgrade you agree to pay Axel Girier the one-time fee, or the monthly or annual subscription fees indicated for that service.

Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a one-time period, or monthly or annual subscription period as indicated.

Upgrade fees are not refundable.

3.2. Automatic Renewal

Unless you notify Axel Girier before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

Upgrades can be canceled at any time in the Upgrades section of your account's dashboard.

3.3 Refund Policy

Unless indicated otherwise at the explicit discretion of Axel Girier, all sales are final and no refunds are provided for any products or services provided.

4. Responsibility of Website Visitors

Axel Girier has not reviewed, and cannot review, all of the Content, including computer software, made available through our Services, and cannot, therefore, be responsible for that Content.

Axel Girier makes no representations, warranties, or guarantees, whether express or implied, that Content is accurate, complete, or up to date, that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors.

The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated.

Axel Girier disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading, copying or use by those visitors of Content there posted. The views expressed by other users on our Website or through our Services do not represent our views or values.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through third-party websites and webpages to which AxelGirier.com links, or that link to AxelGirier.com.

Axel Girier does not have any control over third-party websites and webpages, and is not responsible for their contents or use.

By linking to a third-party website or webpage, Axel Girier does not represent, warrant, guarantee, or imply that it endorses such website or webpage.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Axel Girier disclaims any responsibility for any harm resulting from your access or use of third-party websites and webpages.

As Axel Girier asks others to respect its intellectual property rights, it respects the intellectual property rights of others.

If you believe that material located on or linked to by AxelGirier.com violates your copyright, you are encouraged to notify Axel Girier via our contact page.

Axel Girier will respond to all valid notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Axel Girier will terminate a user's access to and use of our Services if the user is determined, at Axel Girier’s sole and unfettered discretion, to be a repeat infringer of the copyrights or other intellectual property rights of Axel Girier or others.

7. Intellectual Property

All intellectual property rights in the Services, including trademarks, service marks, graphics, and logos used in connection with the Services, belong to Axel Girier or Axel Girier’s licensors.

Axel Girier retains all rights, title, and interest in and to all of its intellectual property rights, including but not limited to all intellectual property rights in connection with “Axel Girier", “AxelGirier.com”, "The GIRIER Report", the Axel Girier logos, and The GIRIER Report logos.

Other trademarks, service marks, graphics, and logos used in connection with the Website or Services may be the trademarks of other third parties.

Nothing in this Agreement transfers to you any right, interest, or ownership in any intellectual property, or extends to you any license of any intellectual property, including any right or license to reproduce or otherwise use any trademark.

Axel Girier and any third-party proprietors of intellectual property rights used in connection with the Website or Services shall each retain ownership of their respective intellectual property rights.

8. Changes

Axel Girier reserves the right, at its sole and unfettered discretion, to modify or replace any part of this Agreement.

It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Axel Girier may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination

Axel Girier may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this Agreement or your AxelGirier.com account (if you have one), you may simply discontinue using the Website and our Services.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions including ownership of intellectual property rights, warranty disclaimers, indemnities, and limitations of liability.

10. Disclaimers

The Services are provided "as is".

Axel Girier and its suppliers and licensors hereby disclaim all representations and warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Neither Axel Girier nor its suppliers and licensors, make any warranty that the Services will be accurate, error-free, or that access thereto will be continuous or uninterrupted.

You understand that you use, download from, or otherwise obtain benefits through, the Services at your own discretion and risk.

11. Limitation of Liability

In no event will Axel Girier, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data.

Axel Girier shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Without prejudice to the above and to the extent permitted by law, in the event that Axel Girier is found to be liable to you in any way, such liability will be limited to the amount of fees paid by you to Axel Girier under this agreement during the twelve (12) month period prior to the cause of action.

12. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, including the Axel Girier Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data exported from your country of residence) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification

You hereby agree to indemnify Axel Girier and its contractors, licensors, and their respective directors, officers, employees, and agents, against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Axel Girier arising out of or in connection with any breach of the warranties contained in this Agreement, your breach or negligent performance or non-performance of this Agreement, the enforcement of this Agreement, and any claim made against Axel Girier (including but not limited to actual or alleged infringement of a third party's intellectual property rights) arising out of or in connection with your Content.

14. Miscellaneous

This Agreement constitutes the entire agreement between Axel Girier and you concerning the subject matter hereof.

The Agreement and these conditions shall be governed by and construed in accordance with the law of Poland.

Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of Poland in respect of any dispute that arises out of or under this Agreement.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

If any part of this Agreement is held invalid, illegal, or unenforceable, the remaining terms and provisions shall not be affected by such invalidity, illegality, or unenforceability, and shall remain in full force and effect, and such invalid, illegal, or unenforceable term or provision shall be deemed not to be part of these terms.

The failure of either party to enforce at any time a term or condition of this Agreement shall in no way be interpreted as a waiver of such term or condition, or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that agrees to the terms of this Agreement in writing; Axel Girier may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Questions

Any questions about these Terms of Service should be addressed to Axel Girier via our contact page.

The operator of the website AxelGirier.com is Axel Girier-Dufournier, operating under the name Axel Girier, address ul. Władysława Pytlasińskiego, nr 16, lok. 13, 00-777 WARSZAWA MAZOWIECKIE, REGON: 529187598, NIP: 5253010936.

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