Last revised January 21, 2009
Your relationship with Heads-up Communications Corp.
HEADS-UP COMMUNICATIONS CORP. (InspiringYourBestGame.com) Heads-up Communications Corp.'s Website Service, www.inspiringyourbestgame.com, hereafter referred to as “the Service”, “the Services” or "our Website", "the Website", is operated by Heads-Up Communications Corp. If you continue to browse and use our Website, you are agreeing to comply with and be bound by the following Terms of Service (the “Terms”), which together with our Privacy Policy govern our relationship with you in regards to the Service.
“Inspiring Your Best Game” refers to the owner of the Website, Heads-Up Communications Corp. The term “you” refers to the user or viewer of the Website.
Accepting the Terms
In order to use the Website, you must first agree to the Terms. You may not use the Service if you do not accept the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Heads-Up Communications Corp. in the user interface; or (b) by actually using the Website. In this case, you understand and agree that Heads-Up Communications Corp. will treat your use of the Website as acceptance of the Terms from that point on.
You may not use the Service and may not accept the Terms if (a) you are not of legal age in your jurisdiction of primary residency to form a binding contract with Heads-Up Communications Corp., or (b) you are a person barred from receiving the Services under any relevant laws of any jurisdiction that affects you.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the identity of yourself or of any content you may contribute to the Service. Heads-Up Communications Corp. reserves the right (but not the obligation) to terminate such accounts, and in cases of misappropriation of identity or fraud, take all further legal action as we deem appropriate.
Changing the Terms
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date these Terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.
Using the Service
Heads-Up Communications Corp. grants you a limited license to access and make personal use of this Website. This license does not include: (a) any resale or commercial use of this Site or its contents; (b) any collection and use of any postings; any derivative commercial use of this Site or its contents; (d) or any commercial use of data mining, robots, or similar data gathering and extraction tools. No portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heads-Up Communications Corp. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
If you have registered with Heads-Up Communications Corp., you are responsible for maintaining the confidentiality of log-in information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password regardless of who actually uses your account name or password.
Your use of any information or materials on this Website is entirely at your own risk, for which Heads-up Communications Corp. shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website, its partners, or affiliates, meet your specific requirements.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information which may include offers to buy or use other products or services. We hold no responsibility for the content of the linked websites or any products or services used or purchased though them.
Ownership of Content
Although Heads-Up Communications Corp. owns the code, databases, and all rights to the Heads-Up Communications Corp. website application, you retain all rights to your personal data.
You acknowledge and agree that any questions, comments, ideas, suggestions for new features, suggestions for improvements to existing features, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Website or to the Company are non-confidential and shall become the sole property of Heads-Up Communications Corp. Heads-Up Communications Corp. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer and Limitations on Liability
The Website, the Service, and the Website content are provided “as-is” and Heads-Up Communications Corp. disclaims any and all representations and warranties, whether expressed or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Heads-Up Communications Corp. cannot guarantee and does not promise any specific results from use of the Website or the Service. Heads-Up Communications Corp. does not represent or warrant that the content on the Website is accurate, complete, reliable, current or error-free or that the Website is free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that if you download or otherwise obtain content, material, or data from the Website or through the Service, you do so at your own discretion and risk. In no event will Heads-Up Communications Corp. or its directors, officers, advisors, employees, contractors, affiliates or agents be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service.
For greater clarity, Heads-Up Communications Corp. shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, liability arising out of or in any way connected with or otherwise arising out of the use of the Website or Services, whether based on contract, tort, negligence, strict liability or otherwise. Under no circumstances will Heads-Up Communications Corp. be responsible for any loss or damages resulting from anyone’s use of the Site or the Service or any interaction between users of the Site, whether online or offline.
Miscellaneous Terms
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
Heads-Up Communications Corp. reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
Reference to any products, Services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, byHeads-Up Communications Corp.
Heads-Up Communications Corp. may terminate your membership, delete your profile and any content or information that you have posted on the Website or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
These Terms of Service constitute the entire agreement between you and Heads-Up Communications Corp. regarding the use of the Site or the Service, superseding any prior agreements between you and Heads-Up Communications Corp. relating to your use of the Site or the Service. The failure of Heads-Up Communications Corp. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
By visiting or using the Site and the Service, you agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Heads-Up Communications Corp. or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith Heads-Up Communications Corp. and you agree that Heads-Up Communications Corp. will not be held liable for any such disputes, claims or actions.
Contacting Heads-Up Communications Corp.
You may contact Heads-Up Communications Corp. for customer support at terms@headsupcommunicationscoorp.com or by postal mail to:
Heads-Up Communications Corp.
P. O. Box 38003
#10 - 2448 160 St.
Surrey, B.C. V3S 0C8
Telephone: 1-866-728-3603
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