Website Terms and Conditions of Use
These Terms and Conditions of Use (“Agreement“) is a legal agreement between you and Ninja Solutions, Inc. (hereinafter referred to as “Website Owner” or “NinjaVA”), the owner and developer of https://ninjava.com/ (the “Website”). By registering for any service provided on https://ninjava.com/ you become a client (“Client“) and you agree to be bound by all of the terms (the “Terms“) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY NINJAVA. The Terms are subject to change at any time, effective upon notice to you.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://ninjava.com/terms-and-conditions/. NINJAVA RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
- Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on https://ninjava.com/. You understand that https://ninjava.com/ and Website Owner do not perform psychological testing or background checks on the individuals who may use the https://ninjava.com/ services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by https://ninjava.com/, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
- Account Security and Use. To ensure the integrity and security of your account on https://ninjava.com/, each Client is responsible for maintaining the confidentiality of their account information, including the security of their password and all activities that occur under their account. You agree to take all necessary steps to ensure that your password remains confidential and secure and to inform us immediately if you have any reason to believe that your password has been compromised, or if the password is being, or is likely to be, used in an unauthorized manner.
You agree to:
- Choose a strong and secure password that is not easily guessed by third parties. Your password should be a combination of letters, numbers, and special characters, and it should be unique to https://ninjava.com/.
- Not share your password or account details with any other person, nor allow anyone else to use your account at any time. The sharing of accounts is strictly prohibited and may result in immediate suspension or termination of your account.
- Ensure that you log out from your account at the end of each session to prevent unauthorized access by third parties.
- Regularly update your password to enhance your account security.
NinjaVA is not liable for any loss or damage arising from your failure to comply with these obligations. You are solely responsible for all activities that occur under your account due to your failure to maintain the security and confidentiality of your password.
In the event of any unauthorized use of your account or any other breach of security, you must notify NinjaVA immediately. NinjaVA reserves the right to require a change of password if it believes that your account security has been breached.
By using the services provided on https://ninjava.com/, you acknowledge and agree to these terms regarding account security and use, and you commit to diligently safeguarding the security of your account to prevent unauthorized use.
We reserve the right to withdraw or amend this Website, and any service we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by ourPrivacy Policy,https://ninjava.com/privacy-policy/ and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
- Do Not Rely on https://ninjava.com/. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from https://ninjava.com/ or Website Owner. https://ninjava.com/ and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
- Warning re: Offensive Information. It is possible that other https://ninjava.com/ clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of https://ninjava.com/, have access to personal information about you. https://ninjava.com/, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.
- Right to Monitor. https://ninjava.com/ and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
- Confidentiality. It is agreed that all personal information given to https://ninjava.com/ or Website Owner, will be kept confidential by https://ninjava.com/ and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by https://ninjava.com/, in which case the confidentiality clause contained in this Agreement is rendered null and void.
- Intellectual Property Rights. The Website and all its contents, including but not limited to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content“), are owned, controlled, or licensed by NinjaVA or its affiliates and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement grants you a limited license to access and use the Website for your personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download (other than page caching), store, or transmit any of the Content, except as explicitly permitted under this Agreement. Specifically, you may:
- Temporarily store copies of Content in RAM incidental to your accessing and viewing that Content.
- Store files that are automatically cached by your web browser for display enhancement purposes.
- Print or download a single copy of a reasonable number of pages of the Website for your personal, non-commercial use, and not for further reproduction, publication, or distribution.
- If NinjaVA provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
However, you must not:
- Modify or copy any Content, except as permitted by this Agreement.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.
You are also prohibited from using the Website or any Content for commercial purposes without obtaining a license to do so from NinjaVA or its affiliates.
If you wish to make use of any Content on the Website other than that permitted under this Agreement, please contact NinjaVA for written permission.
Should you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this Agreement, your right to use the Website will terminate immediately, and you must, at NinjaVA’s discretion, return or destroy any copies of the Content you have made. No right, title, or interest in or to the Website or any Content on the Website is transferred to you, and all rights not expressly granted are reserved by NinjaVA. Unauthorized use of the Website or any Content may violate copyright, trademark, and other laws.
- Trademarks. “NinjaVA”, the NinjaVA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the NinjaVA or its affiliates or licensors. You must not use these marks without the prior written permission of the NinjaVA. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses Policy. The Website is provided for your personal and non-commercial use and must be used in compliance with all applicable laws, rules, and regulations. By accessing or using the Website, you agree to the following prohibited uses:
- Illegal Activities: You shall not use the Website for any unlawful purpose, or in any manner that breaches any applicable local, national, or international law or regulation.
- Exploitation and Harm: You are prohibited from using the Website to exploit, harm, or attempt to exploit or harm minors in any way, including but not limited to exposing them to inappropriate content or asking for personally identifiable information.
- Infringement of Content Standards: Uploading, downloading, using, or reusing any material that does not meet our content standards is strictly prohibited.
- Unauthorized Communications: Sending, or facilitating the sending of, unsolicited advertising or promotional material, including “junk mail,” “chain letters,” or “spam,” without our express prior written consent is forbidden.
- Impersonation: Impersonating NinjaVA, our employees, another user, or any person or entity is not allowed.
- Offensive Conduct: Engaging in behavior that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable is strictly prohibited.
- Interference with Enjoyment: Any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Website or users of the Website or expose them to liability, is forbidden.
Furthermore, you agree not to:
- Disable or Damage: Use the Website in any way that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Unauthorized Access: Use any robot, spider, or other automatic devices, processes, or means to access the Website for any unauthorized purpose, including monitoring or copying any of the material on the Website.
- Bypass Measures: Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without our prior written consent.
- Disruption: Use any device, software, or routine that interferes with the proper working of the Website.
- Malicious Software: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Unauthorized Interference: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Denial-of-Service Attacks: Engage in any attack on the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Interfere with Operations: Otherwise attempt to interfere with the proper working of the Website.
Violations of our Prohibited Uses Policy may lead to termination of your access to the Website and may expose you to civil and/or criminal liability.
- User Contributions. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, third party blogs, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any Content for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NinjaVA, have full responsibility for the content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
- Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic Material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any Material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy, https://ninjava.com/privacy-policy/.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Links from the Website. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Geographic Restrictions. The owner of the Website is based in British Columbia, Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
- Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on Website information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including Content provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these Content, and all articles and responses to questions and other content, other than the content provided by NinjaVA, are solely the opinions and the responsibility of the person or entity providing those Content. This Content does not necessarily reflect the opinion of NinjaVA. We are not responsible, or liable to you or any third party, for the content or accuracy of any Content provided by any third parties.
- Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the Content on the Website may be out of date at any given time, and we are under no obligation to update the Content.
- Linking to the Website and Social Media Features. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the Content on this Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Governing Law. These Terms and any disputes arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of British Columbia, Canada, excluding its conflict of laws principles.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on https://ninjava.com/ will be truthful. In accessing and using https://ninjava.com/, you understand and agree that basic information concerning you, given to https://ninjava.com/, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
- Entire Agreement. This Agreement constitutes your entire Agreement with https://ninjava.com/ and Website Owner with respect to any services.
- Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
- Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY LINKS TO OTHER WEBSITES OR CONTENT BELONGING TO OR ORIGINATING FROM THIRD PARTIES OR LINKS TO WEBSITES OR FEATURES IN BANNERS OR OTHER ADVERTISING, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NINJAVA NOR ANYONE ASSOCIATED WITH NINJAVA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The Website cannot and does not contain professional services advice. Information about professional services is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of professional services advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITEIS SOLELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, NINJAVA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NINJAVA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification. You agree to defend, indemnify, and hold harmless NinjaVA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
- Survival. Notwithstanding any provisions to the contrary, the obligations and rights set forth in Sections on Intellectual Property Rights, Confidentiality, Limitation on Liability, Indemnification, and any other provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement, shall survive any termination or expiration of this Agreement.