Welcome to Calypso Ventures
Inc.’s website. If you continue to browse and use this website, you are
agreeing to comply with and be bound by the following terms and conditions of
Inc.’s relationship with you in relation to this website. If you disagree with any part of these
terms and conditions, please do not use our website.
The term ‘CVI’ or
‘us’ or ‘we’ refers to the owner of the
website who is Calypso Ventures, Inc. The term ‘you’
or “your” refers to the user or viewer of our Website. The
term “Website” means CVI’s website(s) and the term
“Services” means any services available through the Website.
·BY USING THE WEBSITE OR
SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE
OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE
LAW. Any individual using the Website or Services on behalf of a company
further represents and warrants that they are authorized to act and enter into
contracts on behalf of that company.
·The content of the pages of this website is
for your general information and use only. It is subject to change without notice.
·Neither we nor any third parties
provide any warranty or guarantee as to the accuracy, timeliness, performance,
completeness or suitability of the information and materials found or offered
on this website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we expressly
exclude liability for any such inaccuracies or errors to the fullest extent
permitted by law.
·Your use of any information or
materials on this website is entirely at your own risk, for which we shall not
be liable. It shall be your own responsibility to ensure that any products,
services or information available through this website meet your specific
·This website contains material
which is owned by or licensed to us. This material includes, but is not limited
to, the design, layout, look, appearance and graphics. Reproduction is
prohibited other than in accordance with the copyright notice, which forms part
of these terms and conditions.
·All trademarks reproduced in this
website, which are not the property of, or licensed to us, are acknowledged on
·Unauthorized use of this website
may give rise to a claim for damages and/or be a criminal offence.
·From time to time, this website
may also include links to other websites. These links are provided for your
convenience to provide further information. They do not signify that we endorse
the website(s). We have no responsibility for the content of the linked
·Your use of this website and any
dispute arising out of such use of the website is subject to the laws of
California, United States of America.
CVI uses and protects any information that you give CVI when you use this
CVI is committed to ensuring that
your privacy is protected. Should we ask you to provide certain information by
which you can be identified when using this website, then you can be assured
that it will only be used in accordance with this privacy statement.
CVI may change this policy from
time to time by updating this page. You should check this page from time to
time to ensure that you are happy with any changes. This policy is effective
from December 7th, 2010.
What we collect
We may collect the following information:
·Contact information including
·Demographic information such as
postcode, preferences and interests
·Other information relevant to
customer surveys, offers and/or product purchase transactions.
What we do with the information we gather
We use this information to understand your needs, provide you with
better service, and for the following reasons:
·Internal record keeping.
·We may use the information to
improve our products and services.
·We may periodically send
promotional emailsabout new products,
special offers or other information which we think you may find interesting
using the email address which you have provided.
·From time to time, we may also
use your information to contact you for market research purposes. We may
contact you by email, phone, fax or mail. We may use the information to
customize the website according to your interests.
We are committed to ensuring that your information is secure. In order
to prevent unauthorized access or disclosure,we
have put in place suitable physical, electronic and managerial procedures to
safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your
computer's hard drive. Once you agree, the file is added and the cookie helps
analyse web traffic or lets you know when you visit a particular site. Cookies
allow web applications to respond to you as an individual. The web application
can tailor its operations to your needs, likes and dislikes by gathering and
remembering information about your preferences. A cookie in no way gives
us access to your computer or any information about you, other than the data
you choose to share with us.
you log into the customer service and software store web pages.
You can choose to accept or decline
cookies. Most web browsers automatically accept cookies, but you can usually
modify your browser setting to decline cookies if you prefer. This may prevent
you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However,
once you have used these links to leave our site, you should note that we do
not have any control over that other website. Therefore, we cannot be
responsible for the protection and privacy of any information which you provide
whilst visiting such sites and such sites are not governed by this privacy
statement. You should exercise caution and look at the privacy statement
applicable to the website in question.
Your personal information
We will not sell, distribute or lease your personal information to
third parties unless we have your permission or are required by law to do so.
We may use your personal information to send you promotional information about
third parties which we think you may find interesting if you tell us that you
wish this to happen.
The information contained in this
website is for general information purposes only. The information is provided
by CVI and while we endeavour to keep the information up to date and correct,
we make no representations or warranties of any kind, express or implied, about
the completeness, accuracy, reliability, suitability or availability with
respect to the website or the information, products, services, or related
graphics contained on the website for any purpose. Any reliance you place on
such information is therefore strictly at your own risk.
In no event will we be liable for
any loss or damage including without limitation, indirect or consequential loss
or damage, or any loss or damage whatsoever arising from loss of data or
profits arising out of, or in connection with, the use of this website.
Any Dispute Resolution
Proceedings, whether in arbitration or court, will be conducted only on an
individual basis and not in a class or representative action or as a named or
unnamed member in a class, consolidated, representative or private attorney
Through this website you are able
to link to other websites which are not under the control of CVI. We have no
control over the nature, content and availability of those sites. The inclusion
of any links does not necessarily imply a recommendation or endorse the views
expressed within them.
Every effort is made to keep the
website up and running smoothly. However, CVI takes no responsibility for, and
will not be liable for, the website being temporarily unavailable.
Tampering with the
site, misrepresenting the identity of a user, using buying agents or conducting
fraudulent activities on the site are prohibited.
The web site attempts to
display product information on the site as accurately as possible. However, we
cannot guarantee that the images or colors you see matches the product exactly
for color or other details. The display of the color depends, in part, upon the
monitor you are using.
Prices and availability of
products and services are subject to change without notice. Errors will be
corrected where discovered, and CVI reserves the right to revoke any stated
offer and to correct any errors, inaccuracies or omissions including after an
order has been submitted and whether or not the order has been confirmed and
your credit card charged.
Your receipt of an electronic
or other form of order confirmation does not signify our acceptance of your
order, nor does it constitute confirmation of our offer to sell. The CVI Web
site reserves the right at any time after receipt of your order to accept or
decline your order for any reason.
Issued Software licenses are
not returnable or cancelable, no refunds are available.
CVI may, in its sole discretion, terminate your
account or your use of the web site at anytime. You are personally liable for
any orders that you place or charges that you incur prior to termination. CVI
reserves the right to change, suspend, or discontinue all or any aspects of the
web site at any time without prior notice.
Use of the website and/or the online user forums means
that you also agree these terms and conditions:
ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS,
HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND
AND INDEMNIFY CALYPSO VENTURES INC. AND ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND
ASSIGNS (COLLECTIVELY, THE "CVI PARTIES") FROM ANY
AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL
DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO
YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND
USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Services, You may be required to complete a
registration form. You represent and warrant that all user information You
provide on the registration form or otherwise in connection with Your use of
the Website and Services will be current, complete and accurate, and that You
will update that information as necessary to maintain its completeness and
accuracy by visiting your personal profile.
may also be asked to provide a user name and password in connection with Your
use of certain of the Services. You are entirely responsible for maintaining
the confidentiality of Your password. You may not use the account, user name,
or password of any other member at any time. You agree to notify CVI
immediately of any unauthorized use of Your account, user name, or password.
CVI shall not be liable for any loss that You incur as a result of someone else
using Your password, either with or without Your knowledge. You may be held
liable for any losses incurred by CVI, its affiliates, officers, directors,
employees, consultants, agents, and representatives due to someone else's use
of Your account or password.
YOUR INTERACTIONS WITH OTHER USERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER WEBSITE USERS. YOU
ACKNOWLEDGE AND UNDERSTAND THAT CVI HAS NOT, AND DOES NOT, IN ANY WAY: (A)
SCREEN ITS WEBSITE USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS WEBSITE
USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS WEBSITE USERS. YOU HEREBY
AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER WEBSITE
USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. CVI DOES NOT
REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS WEBSITE USRES. IN
NO EVENT SHALL CVI BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN
CONNECTION WITH SUCH USER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION,
BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF
PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN
FORUM CONTROL; USER DISPUTES
CVI does not control the forums made available by means of the Website and
Services. Forum administrators and moderators reserve the right, in their sole
discretion, to delete or modify forum posts, revoke membership to the forum,
block access to the forum, modify Your account profile, or modify any User
Content (as defined below) on the forum(s). You should contact the forum
administrator directly with any complaint, grievance or problem. CVI reserves
the right, but disclaims any perceived, implied or actual duty, to monitor
disputes between Website users. You agree to hold CVI harmless in connection
with any dispute or claim You make against any other user.
CONSENT TO RECEIVE EMAIL FROM CVI
By registering with the Website, you thereby consent to receive periodic email
communications regarding the Services, new product offers, promotions and other
CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM USERS
By registering with the Website, your thereby consent to receive electronic
communications, including email and personal messages from other Website users.
"User Content" is any content, materials or
information, that You upload or post to, or transmit, display, perform or
distribute by means of, the Website, whether in connection with Your use of
Services or otherwise. To clarify, You maintain full ownership of all your User
Content posted to the Website. Because You own Your User Content, under the
law, CVI requires a license from You before it can allow the User Content to be
posted on the Website. For these reasons, the following provision is a
necessary part of these terms:
YOU HEREBY GRANT THE CVI PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE,
SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT,
PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER
CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER
SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED,
INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE
THAT THE CVI PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL
INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS
SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR
RELATING TO THE EXERCISE BY THE CVI PARTIES OF THE RIGHTS GRANTED UNDER THIS
SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF
PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF
THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You own all rights, title and interest in
and to User Content or are otherwise authorized to grant the rights provided
the CVI Parties under this section. You further represent and warrant that all
User Content fully complies with CVI’s published guidelines.
"Public Forum" is any area, site or feature offered
as part of the Website (including without limitation discussion forums, message
boards, blogs, chat rooms, emails or personal messaging features) that enables
You (a) to upload, submit, post, display, perform, distribute and/or view User
Content, and/or (b) to communicate, share, or exchange User Content with other
Website users or other Website visitors. You acknowledge that Public Forums,
and features contained therein, are for public and not private communications.
You further acknowledge that anything You upload, submit, post, transmit,
communicate, share or exchange by means of any Public Forum may be viewed on
the Internet by the general public, and therefore, You have no expectation of
privacy with regard to any such submission or posting. You are, and shall
remain, solely responsible for the User Content you upload, submit, post,
transmit, communicate, share or exchange by means of any Public Forum and for
the consequences of submitting or posting same. CVI DISCLAIMS ANY PERCEIVED,
IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages
suffered by other Website users or third-parties as the result of Your remarks,
information, feedback or other content posted or made available on the Website
that is deemed defamatory or otherwise legally actionable. Under the Federal
Communications Decency Act of 1996, CVI is not legally responsible, nor can it
be held liable for damages of any kind, arising out of or in connection to any
defamatory or otherwise legally actionable remarks, information, feedback or
other content posted or made available on the Website.
You represent and warrant that you shall not use the Website or Services to
upload, post, transmit, display, perform or distribute any content, information
or materials that: (a) are libelous, defamatory, abusive, or threatening,
excessively violent, harassing, obscene, lewd, lascivious, filthy, or
pornographic; (b) constitute child pornography; (c) solicit personal
information from or exploit in a sexual or violent manner anyone under the age
of 18; (d) incite, encourage or threaten physical harm against another; (e)
promote or glorify racial intolerance, use hate and/or racist terms, or signify
hate towards any person or group of people; (f) glamorize the use of hard core
illegal substances and drugs; (g) violate any provision of this Agreement or
any other CVI agreement or policy; or (h) is generally offensive or in bad
taste, as determined by CVI (collectively, "Objectionable Content").
CVI DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF
THE WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR
INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, CVI
reserves the right to terminate Your use of the Website and Services or Your
uploading, posting, transmission, display, performance or distribution of
Objectionable Content. CVI, in its sole discretion, may delete any
Objectionable Content from its servers. CVI intends to cooperate with any law
enforcement officials or agencies in the investigation of any violation of this
Agreement or of any applicable laws.
CVI imposes certain restrictions on Your use of the Website and the Services.
You represent and warrant that you will not: (a) "stalk" or otherwise
harass any person, or contact any person who has requested not to be contacted;
(b) provide false, misleading or inaccurate information to CVI or any other
member; (c) impersonate, or otherwise misrepresent affiliation, connection or
association with, any person or entity; (d) modify or change the placement and
location of any advertisement appearing on the Website; (e) harvest or
otherwise collect information about CVI users, including email addresses and
phone numbers; (f) use or attempt to use any engine, software, tool, agent, or
other device or mechanism (including without limitation browsers, spiders,
robots, avatars, or intelligent agents) to harvest or otherwise collect
information from the Website for any use, including without limitation use on
third-party websites; (g) access content or data not intended for You, or log
onto a server or account that You are not authorized to access; (h) attempt to
probe, scan, or test the vulnerability of the Services, the Website, or any
associated system or network, or breach security or authentication measures
without proper authorization; (i) interfere or attempt to interfere with the
use of the Website or Services by any other user, host or network, including,
without limitation by means of submitting a virus, overloading,
"flooding" "spamming," "mail bombing," or
"crashing"; (j) use the Website or Services to send unsolicited
e-mail, including without limitation promotions or advertisements for products
or services; (k) forge any TCP/IP packet header or any part of the header
information in any e-mail or in any uploading or posting to, or transmission,
display, performance or distribution by means of, the Website or Services; or
(l) attempt to modify, reverse-engineer, decompile, disassemble or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source code
used by the CVI Parties in providing the Website or Services. Any violation of
this section may subject You to civil and/or criminal liability.
(a) Compliance with
You represent and warrant that, when using the Website and Services, You will
obey the law and respect the intellectual property rights of others. Your use of
the Website and Services is at all times governed by and subject to laws
regarding copyright ownership and use of intellectual property generally. You
agree not to upload, post, transmit, display, perform or distribute any
content, information or other materials in violation of any third-party's
copyrights, trademarks, or other intellectual property or proprietary rights.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY
INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND
SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR
OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
CVI, CALYPSOVENTURES.COM and the "Calypso Ventures Inc. logo"
(collectively, the "CVI Marks") are trademarks or
registered trademarks of Calypso Ventures, Inc. Other trademarks, service
marks, graphics, logos and domain names appearing on the Website may be the
trademarks of third-parties. Neither Your use of the Website and Services nor these
terms grant You any right, title or interest in or to, or any license to
reproduce or otherwise use, the CVI Marks or any third-party trademarks,
service marks, graphics, logos or domain names. You agree that any goodwill in
the CVI Marks generated as a result of Your use of the Website and Services
will inure to the benefit of Calypso Ventures, Inc, and You agree to assign,
and hereby do assign, all such goodwill to Calypso Ventures, Inc. You shall not
at any time, nor shall You assist others to, challenge Calypso Ventures, Inc.'s
right, title, or interest in or to, or the validity of, the CVI Marks.
(c) Copyrighted Materials
All content and other materials available through the Website and Services,
including without limitation the Calypso Ventures logo, design, text, graphics,
and other files, and the selection, arrangement and organization thereof, are
either owned by Calypso Ventures, Inc or are the property of Calypso
Ventures’ licensors and suppliers. Except as explicitly provided, neither
Your use of the Website and Services nor this Agreement grant You any right,
title or interest in or to any such materials.
(d) DMCA Policy
As CVI asks others to respect CVI's intellectual property rights, CVI respects
the intellectual property rights of others. If you believe content located on
or linked to by the Website violates Your copyright, you are encouraged to
INDEMNITY BY YOU
limiting any indemnification provision of these terms, You agree to defend,
indemnify and hold harmless CVI and its officers, directors, employees, agents,
affiliates, representatives, sublicensees, successors, assigns, and Industry
Professionals (collectively, the "Indemnified Parties")
from and against any and all claims, actions, demands, causes of action and
other proceedings (collectively, "Claims"),
including but not limited to legal costs and fees, arising out of or relating
to: (i) Your breach of these terms, including without limitation any
representation or warranty contained in these terms; (ii) Your access to or use
of the Website or Services; (iii) Your provision to CVI or any of the
Indemnified Parties of information or other data; or (iv) Your violation or
alleged violation of any foreign or domestic, federal, state or local law or
regulation; (v) Your violation or alleged violation of any third party's
copyrights, trademarks, or other intellectual property or proprietary rights;
or (vi) any goods or services you advertise or solicit through the Website
The Indemnified Parties will have the right, but not the obligation, to
participate through counsel of their choice in any defense by You of any Claim
as to which You are required to defend, indemnify or hold harmless the
Indemnified Parties. You may not settle any Claim without the prior written
consent of the concerned Indemnified Parties.
TERMINATION OF YOUR USE OF WEBSITE AND SERVICES
Termination by CVI
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, CVI RESERVES THE RIGHT TO,
IN CVI'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE
WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION,
WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR
Effect of Termination
Any violation of these terms by You automatically terminates all rights and
licenses granted to You under these terms, including all rights to use the
Website and Services. CVI may, but has no obligation to, in CVI’s sole
discretion, rescind any services and/or delete from CVI’s systems all
Your Personal Information and any other files or information that You made
available to CVI or that otherwise relate to Your use of the Website or
Services. CVI reserves the right to exercise whatever means it deems necessary
to prevent Your unauthorized use of the Website and Services, including without
limitation technological barriers such as IP mapping and direct contact with
Your Internet Service Provider. YOU ACKNOWLEDGE AND AGREE THAT VIOLATION OF
THESE TERMS WILL TERMINATE ALL OF YOUR RIGHTS IN ANY AND ALL PAID GOODS AND
SERVICES YOU PURCHASED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DIGITAL
GOODS. YOU HEREBY AGREE THAT THERE ARE NO REFUNDS FOR PAID GOODS AND SERVICES.
Any redistribution or reproduction of part or all of the contents of
the Website in any form is prohibited other than the following:
·you may print or download to a local hard disk Website
extracts for your personal and non-commercial use only
·you may copy the content to individual
third parties for their personal use, but only if you acknowledge the Website
as the source of the material.
You may not, except with our
express written permission, distribute or commercially exploit the content. Nor
may you transmit it or store it in any other website or other form of
electronic retrieval system.