Terms and Conditions

Website Use Terms and Conditions - Content and Downloadable Software

Headplay International Inc. (“Headplay”) maintains this website (the “Site”) for your personal entertainment, information, education and communication. Your access and use of the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site you accept, without limitation or qualification, the Terms and Conditions. If you do not choose to agree with the Terms and Conditions do not use the site or download any materials from it.

A. User Conduct

(1) This Site and its contents, including but not limited to articles, newsletters, graphical images, interactive applications, audio and video material, compilations of material, and the user interface (the “Content”) are the property and copyrighted material of Headplay, its licensors and vendors. “Content” also includes any material from the Site that Headplay delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, non-commercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, link to, quote or sell any Content except as expressly permitted by applicable copyright laws or under these Terms and Conditions.
(2) “Headplay.com” and all other Headplay logos, product names and trade names are trademarks or registered trademarks of Headplay. The Headplay trademarks may be used only with the express permission of Headplay.
(3) If you download any software from the Site, including but not limited to shareware, freeware, commercial demonstrations and files downloaded from servers linked to but not affiliated with the Site (“Software”), you agree that you will not (and will not permit any third party to) remove or obscure any copyright, trademark or other proprietary notices or legends or any end-user terms and conditions from any copy of such Software.

B. User Participation

(1) You may post material to message boards, forums and other interactive areas of the Site. However, you may not post any material that (a) is defamatory, libelous, obscene, indecent, abusive or threatening to others; (b) infringes the copyright, trademark or other right of any third party; (c) uploads viruses or other contaminating or destructive features; (d) is commercial in nature; or (e) is in violation of any applicable laws or regulations.
(2) You are solely responsible for ensuring that any material you post complies with the foregoing conditions and you will indemnify Headplay, its officers and employees from and against all claims, liabilities, judgments, damages and costs (including lawyer’s fees) which arise out of materials you have posted on the Site. If Headplay becomes aware of any material that it believes may violate the foregoing conditions, it may, at its sole discretion, modify or remove the material. You grant to Headplay the right to copy, publish, distribute, modify, translate and otherwise use in any medium any material that you place on the Site by any means, without compensation to you.

C. Purchase of Products and Downloading of Software

(1) You may have the opportunity to order or receive merchandise and services, and to download Software (collectively “Products”) through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by Headplay) are provided by third party vendors (“Vendors”) pursuant to agreements, licences or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.
(2) By using the Site you acknowledge and agree that Headplay and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor unless Headplay is the merchant of record.
(3) You may have the option to purchase Products over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither Headplay nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Headplay nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.

D. Limitation of Liability and Disclaimers

(1) ANY INFORMATION, PRODUCT (INCLUDING SOFTWARE) OR SERVICE PROVIDED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS ARE EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(2) HEADPLAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE AND NEITHER REPRESENTS NOR WARRANTS THAT ANY SOFTWARE DOWNLOADED FROM THE SITE OR ANY LINK THERETO WILL BE ERROR-FREE OR VIRUS-FREE.
(3) HEADPLAY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS; DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED E-MAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF HEADPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(4) You understand that user-posted material expresses the views of that user and not the view of Headplay, and that except as otherwise stated in these Terms and Conditions, Headplay does not undertake to review, screen or approve user-posted material.
(5) The Site may contain links to other websites that are owned and operated by third parties. You acknowledge that Headplay is not responsible for the accuracy, content or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by Headplay of that website.
(6) The Site includes Content concerning computer hardware, software and related products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.

E. General

(1) Headplay reserves the right to change this agreement at any time by revising the Terms and Conditions herein. You are responsible for regularly reviewing these Terms and Conditions and your use of the Site following any such change constitutes your acceptance of such changes. Headplay reserves the right to change the Site at any time at its sole discretion without notice to users. Headplay may deny access to the Site to anyone at any time.
(2) This Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by Headplay, its licensees or vendors in specific areas of the Site. However, in the event of a conflict between such terms and this Agreement, the terms of this Agreement shall control.
(3) This Site is controlled by Headplay from its offices within Canada. Headplay makes no representation that the Site or its Contents are appropriate or available for use in other locations, and access to them from territories where their Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of the Canadian or U.S. export laws and regulations. Any claim relating to the Content shall be governed by the internal substantive laws of the Province of Alberta, Canada.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.