terms of use

terms of use2016-11-14T10:11:39+00:00

Terms of Use

1. Introduction

1.1 The Terms of Use govern your use of the www.calmversation.com website (the “Site”), which is owned and operated by MissyJena Media Innovations Inc. (“MissyJena”). By accessing and using the Site, you agree to be bound by these terms. If you do not agree to be bound by any of the terms, please do not use this Site. MissyJena has the right to revise at any time the Terms of Use without providing notice. Check this page to ensure you are familiar with the current version of the terms. Your continued use of the Site following the posting of any changes to the terms means you accept the changes.

2. User Content

2.1 The Site may allow users to post, link, share or otherwise make available certain text, graphics, videos or other materials (“User Content”). You are solely responsible for all User Content you post, including its legality, reliability and appropriateness according to these Terms.

2.2 By posting User Content on our Site, you represent and warrant that:

(a) you own the User Content or have the right to use it and grant us the rights and license as provided in these Terms;

(b) the postings of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person

2.3 MissyJena reserves all rights to block or remove any User Content on or through the Site that we determine to be:

(a) abusive, defamatory, or obscene;

(b) fraudulent, deceptive, or misleading;

(c) in violation of a copyright, trademark, or other intellectual property right of another;

(d) offensive or otherwise unacceptable, in our sole discretion.

2.4 By posting User Content, you grant MissyJena the right and license to use, modify, publicly perform, display, reproduce and distribute such User Content on and through the Site. You retain any and all of your rights to any User Content you submit and are responsible for protecting those rights.

3. Links to and from external websites

3.1 The Site may contain links to external websites. Organizations that are independent of MissyJena. maintain these sites. MissyJena does not assume responsibility for the accuracy or appropriateness of information on linked sites. The provision of a link does not constitute an endorsement of an external organization. The use of third party websites is at your own risk and is subject to the terms of use of such websites. MissyJena cannot control external websites that link to the Site. Such links do not indicate endorsement of those external websites or the organizations that operate them.

4. Prohibited activities

4.1 You must not use the Site in any way that damages the Site or impairs its availability, or in any way which is unlawful, illegal, fraudulent, or harmful.

4.2 You must not use this Site to copy, store, host, transmit, send, use, publish, or distribute any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

4.3 You must not conduct any data collection activities – including scraping, data mining, data extraction, and data harvesting – on this Site.

4.4 You must not use this Site to send unsolicited commercial communications or for any purposes related to marketing without written permission from MissyJena.

4.5 You may read, copy, and distribute materials available on this Site for your own non-commercial use.  In exchange, you agree not to modify or revise any of the material in any manner, to retain all copyright and other proprietary notices as contained in the original materials, and to give credit to the original author.

5. Disclaimers

5.1 The Site is provided on an “as is” and “as available” basis, and you acknowledge and agree that you use the Site at your own and sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.

5.2 Without limiting the generality of the foregoing, we make no guarantees in relation to the following:

(a) the Site will meet your requirements or expectations;

(b) the Site will be uninterrupted, timely, secure, or error-free;

(c) the accuracy, quality or reliability of the Site;

(d) any information you provide will not be disclosed to third parties; or

(e) third parties will not use your confidential information in an unauthorized manner. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or any conduct or interactions between users of our Site.

6. Privacy

6.1 Your privacy rights are outlined in the Site’s Privacy Policy

[Link the words “Privacy Policy” to the policy]. Please review the Privacy Policy to learn about:

  • What information MissyJena may collect about you.
  • What is done with that information.

7. No Advice

7.1 Any advice that may be provided on the Site is for informational purposes only and is not intended to replace or substitute the advice of a professional. MissyJena makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.

8. Ownership and trademark 

8.1 MissyJena owns this Site, its contents, and all intellectual property rights. MissyJena is also the registered owner of the Canadian trademark for calmversation™. Your use of this Site does not give you ownership or other rights to the Site, its content and intellectual property, or the concept of calmversation™. You may not copy, redistribute, reproduce, or republish any written, graphical, audio, or video content from this Site in any form without written permission from MissyJena.

9. Indemnity

9.1 You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, attorneys’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Site, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Site or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

10. Assignment

10.1 MissyJena may transfer or sub-contract rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or obligations under these terms.

11. Breach of Terms of Use

11.1 If you breach these Terms of Use in any way, MissyJena. may suspend and prohibit your access to the Site, block computers using your IP address from accessing the Site, contact your internet service provider to request that they block your access to the Site, and/or bring court proceedings against you.

12. Governing law and jurisdiction

12.1 These Terms of Use have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia, Canada.

13. Miscellaneous

13.1 These Terms of Use, together with our Privacy Policy, shall constitute the complete and exclusive agreement between you and MissyJena with respect to and governing your use of the Site. If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed from these Terms of Use and all other provisions of the terms shall remain in full force and effect.

14. Contact

14.1 If you have any comments or questions about our Site or these Terms of Use, please contact us at hello@calmversation.com