Terms of Service

  1. Acceptance
    1. By using and/or visiting this website (collectively, including all content and functionality available through the ConversationBytes.com domain name, the "ConversationBytes Website", or "Website", you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) ConversationBytes's privacy notice, found at http://www.ConversationBytes.com/Privacy.aspx and incorporated here by reference. If you do not agree to any of these terms or the ConversationBytes privacy notice, please do not use the ConversationBytes Website.
    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.ConversationBytes.com/terms.aspx). ConversationBytes may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  2. ConversationBytes Website
    1. These Terms of Service apply to all users of the ConversationBytes Website, including users who may send video content, information, and other materials or services on the Website. The ConversationBytes Website includes all aspects of ConversationBytes, including but not limited to all products, software, and services offered via the website such as the ConversationBytes channels, and other applications.
    2. The ConversationBytes Website contains links to third party websites that are not owned or controlled by ConversationBytes. ConversationBytes has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ConversationBytes will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ConversationBytes from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the ConversationBytes Website and to read the terms and conditions and privacy policy of each other website that you visit.
  3. ConversationBytes Accounts
    1. In order to obtain a showcase channel on the Website, you must be a client of Espresso | Brand InfiltrationTM, who will add content with your permission on your behalf. You may never add content to any channel on the Website without permission. In working with Espresso | Brand InfiltrationTM to add content to your account, you accept full responsibility for the activity that occurs on your account. You must keep any passwords, if applicable, secure. You must notify ConversationBytes immediately of any breach of security or unauthorized use of your account if applicable.
    2. Although ConversationBytes will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ConversationBytes or others due to such unauthorized use.
  4. General Use of the Website—Permissions and Restrictions
    1. ConversationBytes hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
      1. You agree not to distribute in any medium any part of the Website without ConversationBytes's prior written authorization.
      2. You agree not to alter or modify any part of the Website.
      3. If you use a ConversationBytes channel on your website, you may include a prominent link back to the ConversationBytes Website on the pages containing the content.
      4. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes without ConversationBytes’s prior written authorization. You agree not to solicit, for commercial purposes, any users of the Website.
      5. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
      6. ConversationBytes reserves the right to discontinue any aspect of the ConversationBytes Website at any time.
  5. Your Use of Content on the Site
    1. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ConversationBytes Website.
      1. The content that is linked to on the ConversationBytes Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to their respective site owners, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ConversationBytes reserves all rights not expressly granted in and to the Website and the Content.
      2. User Comments are made available to you for your information solely as intended through the normal functionality of the ConversationBytes Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ConversationBytes Website or otherwise as prohibited under this Agreement.
      3. You may access ConversationBytes Content only as permitted under this Agreement. ConversationBytes reserves all rights not expressly granted in and to the ConversationBytes Content and the ConversationBytes Website.
    2. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the ConversationBytes Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ConversationBytes Website or the Content therein.
    4. You understand that when using the ConversationBytes Website, you will be exposed to information from a variety of sources, and that ConversationBytes is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ConversationBytes with respect thereto, and agree to indemnify and hold ConversationBytes, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  6. Account Termination Policy
    1. ConversationBytes will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
    2. ConversationBytes reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, and obscene or defamatory material. ConversationBytes may remove such content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  7. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE CONVERSATIONBYTES WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CONVERSATIONBYTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CONVERSATIONBYTES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CONVERSATIONBYTES WEBSITE. CONVERSATIONBYTES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CONVERSATIONBYTES WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CONVERSATIONBYTES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    Limitation of Liability

    IN NO EVENT SHALL CONVERSATIONBYTES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CONVERSATIONBYTES WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT CONVERSATIONBYTES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by ConversationBytes from its facilities in Canada. ConversationBytes makes no representations that the ConversationBytes Website is appropriate or available for use in other locations. Those who access or use the ConversationBytes Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  8. Indemnity
    1. You agree to defend, indemnify and hold harmless ConversationBytes, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ConversationBytes Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ConversationBytes Website.
    2. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ConversationBytes Website is not intended for children under 13. If you are under 13 years of age, then please do not use the ConversationBytes Website.
  9. Assignment
    1. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ConversationBytes without restriction.
  10. General
    1. You agree that: (i) the ConversationBytes Website shall be deemed solely based in Ontario; and (ii) the ConversationBytes Website shall be deemed a passive website that does not give rise to personal jurisdiction over ConversationBytes, either specific or general, in jurisdictions other than Ontario. These Terms of Service shall be governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and ConversationBytes that arises in whole or in part from your use of the ConversationBytes Website shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario. These Terms of Service, together with the Privacy Notice at http://www.ConversationBytes.com/privacy.aspx and any other legal notices published by ConversationBytes on the Website, shall constitute the entire agreement between you and ConversationBytes concerning the ConversationBytes Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ConversationBytes's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ConversationBytes reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ConversationBytes Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CONVERSATIONBYTES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CONVERSATIONBYTES WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.