Important Words and Phrases
“Agreement” or “contract” means all of: the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Program and Program Materials
“Company”, “we” or “us” means Niki Inc.
“Program” means the Superstar PR 101 course
“Program Materials” mean any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through the Program.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials or any other information accessed or purchased through our Program for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
Intellectual Property Rights
Our Limited License to You.
Our Program and Program Materials are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Program and Program Materials in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
If you purchase or access any of our Program Materials will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Program and Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products and Services, and Program Materials in the following manner:
You may download and/or print Program Materials for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any other of our Program Materials including handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that our Program and Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Programs, Products and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
(a) You will not copy, share or steal Program and Program Materials or any parts of them.
(b) You will not in any way use, copy, adapt or represent any of our Program and Program Materials or their content in any way as if they are yours or created by you.
(c) You will not engage in the Improper and/or Unauthorized Use of our Program and Program Materials.
(d) You will not duplicate, share, trade, sell, or otherwise distribute our Program and Program Materials to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Program and Program Materials to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Program and Program Materials.
(e) You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Program and Program Materials for publication or compilation into your own Program and Program Materials for your own personal, business or commercial use or in any way that earns you money.
(f) You will not use our Program and Program Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
(g) You may not engage in Improper and/or Unauthorized Use of our Program Materials or any other information related to our Program and Program Materials.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Program and Program Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Program and Program Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Program and Program Materials.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Program and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service or Program Materials participant or user, including you.
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program or use of our Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Program and Program Materials, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Program and Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We make no warranties as to our Program and Program Materials. You agree that our Program and Program Materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Program and Program Materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our program, product or Services, Program Materials or Copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Program and Program Materials is uninterrupted and error-free, including our content and communications through methods like our website, member forum, private Facebook groups, email communications, videos, audio recordings, Zoom calls, recorded Zoon calls, webinars, recorded webinars, teleseminars, recorded teleseminars, downloadable MP3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Program and Program Materials become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Program and Program Materials inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Program and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Program and Program Materials. These links are provided for your convenience and the inclusion of any link in our Program and Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Program and Program Materials. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
Indemnification, Limitation of Liability and Release of Claims
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Program and Program Materials, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.