Terms of Use

By downloading or using the App, these terms will automatically apply to you and you agree to be bound by all terms, conditions and notices contained or referenced herein (“Terms of Use”) and the Privacy Policy (“Privacy Policy”) – you should make sure therefore that you read them carefully before using the App.  You agree to use the App only for authorized and legal activities.  You are not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You are not allowed to attempt to extract the source code of the App, or to translate the App into other languages or make derivative versions. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to Nikki Ray Media Agency (“Nikki Ray”, “we” or “our”). 

Your access and use of the App are subject to these Terms of Use and all applicable laws and regulations.  You may not use the App if you: are not fully able and legally competent to agree to these Terms of Use or are a minor and are not authorized to use the App by your parent or legal guardian; distribute, license, transfer, or sell, in whole or in part, any of the content or any derivative works; use the content for a fee or to advertise or perform any commercial venture; use the content without our express written consent, for any purpose; incorporate the content or any portion thereof into any other program or product; impersonate any person or entity, or falsely state or otherwise misrepresent yourself; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, gender, nationality, disability, sexual orientation or age; use or attempt to use another’s account, or create a false identity on the App.  You may not upload: any private or personal information of any third party; any material which may infringe any copyright, trademark or other intellectual property or privacy rights of any other person; any material that is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence or dangerous activity;

We are not responsible for the conduct of any User.  In no event shall we or any subsidiary, affiliate or their respective employees, officers, directors, shareholders, agents, consultants, contractors or licensors be liable (directly or indirectly) for any User’s losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a User or anyone else in connection with the use of the App including, without limitation, death, bodily injury, emotional distress, and/or any other personal or property damages resulting from communications or registration or use of the App by Users.

We are committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you are paying for. 

All content and materials available on the App, including the selection, co-ordination, arrangement and enhancement of such content, are protected by national and international copyright, trademark, patent, trade secrets, know-how or other proprietary rights and laws and are owned by us or we have obtained permission of the owner of such intellectual property to use the content on the App.   The misuse of any of these materials is strictly prohibited.  We retain exclusive ownership of all data, material and other information regarding your use of the App.

The App may use third party services that declare their own Terms of Use. 

User Content

You must not post User Content that is confidential or proprietary.  When you submit User Content, other than the content provided to you from us, you agree and represent that you own all such content.  

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL CONTENT, INCLUDING BUT NOT LIMITED TO MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS APP AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. NIKKI RAY DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.  NIKKI RAY, INCLUDING EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKES NO WARRANTY THAT THE CONTENT OF THE APP OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP OR ANY LINKED APP, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE APP.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NIKKI RAY, INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP OR FROM INFORMATION PROVIDED ON THE APP OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

MEDICAL DISCLAIMER

NIKKI RAY IS A PROVIDER OF MINDFULNESS CONTENT IN THE HEALTH AND WELLNESS SPACE.  WE ARE NOT A HEALTH CARE PROVIDER NOR SHOULD THE APP BE CONSIDERED MEDICAL ADVICE.  NIKKI RAY MAKES NO CLAIMS, REPRESENTATIONS OR GUARANTEES THAT THE APP WILL PROVIDE PHYISCAL OR THERAPEUTIC BENEFIT.  ONLY YOUR HEALTH CARE PROVIDER CAN DO THAT.  WE ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR INDIVIDUAL CIRCUMSTANCES.  

Indemnification

You agree to defend, indemnify, and hold us, including our employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including legal fees, that arise from your use or misuse of the App or the User Content therein, including without limitation your violation of the Terms of Use herein. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with us in asserting any available defences.

Functionality

You should be aware that there are certain things that we will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but we cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left. 

If you are using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third-party charges. In using the App, you are accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (ie. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the App, please be aware that we assume that you have received permission from the bill payer for using the App. 

Along the same lines, we cannot take responsibility for the way you use the App (i.e. You need to make sure that your device stays charged – if it runs out of battery and you cannot turn it on to avail the service, we cannot accept responsibility.) 

With respect to our responsibility for your use of the App, when you are using the App, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. We accept no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App. 

At some point, we may wish to update the App and you may need to download the updates if you want to keep using the App.  However, you promise to always accept updates to the App when offered to you.   We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device. 

Local Laws

By choosing to access the App from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on the App are appropriate or available for use in locations outside Canada.

Security and Privacy and Non-Confidentiality 

The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information, to remain current and exercise care when using the Internet. You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using.  You acknowledge and agree that your user name, bio and email address (the “Information”) submitted in connection with your completion of a registration will be maintained by us and/or our contractors or agents in its member database, and, subject to applicable law, will be primarily used to send you information (the “Purposes”), with all other use to be carried out in accordance with our Privacy Policy. You consent to us and/or our contractors or agents using your Information for the Purposes.  Any communications between you and us, such as email, SMS or other correspondence, in which you offer suggestions, comments or ideas for improving or modifying the App will be deemed to be non-confidential and non-proprietary and you agree that such information, with the exception of the Information, may be used by us without any limitation whatsoever. You grant to us and our affiliates a royalty-free license to use any such comments, suggestions or ideas in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our App) in any manner that we choose, without any obligation to you.

Choice of Law

This Agreement shall be construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to this Agreement or your use of the App (including non-contractual disputes or claims) shall be filed only in the courts of the Province of Ontario or the Federal Court of Canada, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

These Terms of Use and our Privacy Policy constitute the entire agreement between Nikki Ray Media Agency and you with respect to the App and supersedes all prior or contemporaneous communications and proposals between us with respect to the App. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.

Privacy and Disclosure

You have read and accept the terms of our Privacy Policy.

Changes to This Terms of Use 

We may update our Terms of Use from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms of Use on this page.

These Terms of Use are effective as of 2021-06-15 

Contact Us 

If you have any questions or suggestions about our Terms of Use, do not hesitate to contact us at info@nikkiraymedia.com.