La Défense, Paris
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Privacy Policy

Privacy Policy

Headversity.com, and its affiliates or affiliated websites, including macromindmedia.com/ Respect Group Inc and its affiliated websites including respectgroupinc.com, myhockeyuniversity.com, coachingallabilities.com, and cws-fsc-elearning.com] (“Headversity” / “Respect Group”, “we” or “us”), respect the privacy of the people (“you”) who access and use our website (the “Site”).

PLEASE NOTE: This Privacy Policy applies to the information that can directly or indirectly identify individuals (“Personal Information”) who visit our Site. Our processing of Personal Information about individuals who enroll in our programs or use our services in governed by our User Privacy Policy.

Our Chief Technology Officer (“CTO”) is responsible for our compliance with applicable Personal Information protection legislation.

Our CTO can be reached at the following coordinates:

Russ@headversity.com

Our Chief Privacy Officer (“CPO”) is responsible for our compliance with applicable Personal Information protection legislation.

Our CPO can be reached at the following coordinates: 

By Email:
PrivacyOfficer@RespectGroupInc.com 

By Mail
Respect Group Inc.
8-540 21st Ave SW,
Calgary, AB
T2S 0H1 

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site.  Your access and continued use of our Site constitutes your consent to and acceptance of the terms and conditions of this Privacy Policy. 

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, combining, disclosing and transferring information within our organization or among our affiliates within Canada or internationally. 

PERSONAL INFORMATION COLLECTION AND USE 

When you use the Site, we may collect the following Personal Information as our servers automatically record information that the browser sends whenever it points to a Site or online service (“Log Data”). Log Data may include, but is not limited to: 

  1. your computer’s Internet Protocol address, 
  1. your browser type,  
  1. the uniform resource locator (“URL”) of the web site you visited before and /or after visiting our site and information you search for on a Site.  

Your Log Data is used for the following purposes: 

  1. to monitor and analyze use of the Site;  
  1. to technically administer the Site to increase functionality and user-friendliness, and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve information appropriate to your interests; 
  1. to allow third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit the Site. These companies may use your Log Data to provide advertisements about goods and services of interest to you. 

Like many websites, we use “cookies” to collect your Log Data. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use “persistent cookies” to save your username and login password for future logins to the Site. We use “session ID cookies” to enable certain features of our service, to better understand how you interact with the Site and to monitor web traffic routing on the Site and aggregate usage of the Site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the services. 

CHILDREN’S PRIVACY 

We do not direct the Site to persons under 14 years of age. Accordingly, we do not knowingly collect or maintain on the Site Personal Information or other information from persons under 14 years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact info@macromindmedia.com. If we become aware that a child under 14 has provided us with Personal Information, we will delete such information from our files. 

We recommend that minors over the age of 14 ask a parent or guardian for permission before sending any information about themselves to anyone over the Internet. 

INFORMATION SHARING AND DISCLOSURE 

We will not monitor, edit or disclose your Personal Information unless required to do so by law or in the good faith belief that such action is necessary. In this case, the people to whom we might disclose your Personal Information include:  

  1. a person who, in our reasonable judgment, is providing or seeking the information as your agent; 
  1. any of the companies and business entities that form part of our organization; 
  1. an organization or individual retained by us to perform functions on our behalf, such as contractors, consultants, auditors, software developers (including web-site developers and hosts), data processing, document management and office services;
     
  1. our auditors and professional advisors; 
  1. third parties for the purposes of industry analysis, demographic profiling, and to deliver targeted advertising about other products and services; 
  1. another person or corporation as part of a business transaction as this term is defined in applicable Personal Information protection legislation;  
  1. another company or person for the development, enhancement, marketing or provision of any of our products or services; 
  1. an agent or third party retained by us in connection with our administration or provision of our products or services; 
  1. applicable public authorities where such disclosure is required pursuant to applicable laws; 
  1. a public authority or agent of a public authority, if in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of this information; 

HOW LONG DO WE STORE YOUR INFORMATION 

We will not retain your Personal Information longer than is necessary to fulfil the purpose for which it was collected including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for us to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled, after which we will use our best efforts to destroy or anonymise it. As this purpose varies depending upon the Personal Information involved, we invite you to contact our CTO for any inquiries pertaining specifically to you.

Generally, member accounts and data are deleted within sixty (60) days of contract termination through manual data deletion processes.  

ACCURACY OF YOUR INFORMATION 

We use reasonable efforts to ensure that your Personal Information is kept as accurate, complete and up to date as possible. We do not routinely update your Personal Information, unless such an update is necessary. To help us maintain and ensure that your Personal Information is accurate and up to date, you must inform us, without delay, of any change in the Personal Information you provide to us. 

SECURITY 

We employ administrative, physical, and electronic measures designed to safeguard and protect your Personal Information from unauthorized access and disclosure including encrypting your communication by utilizing Secure Sockets Layer (“SSL”) software.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. 

INTERNATIONAL TRANSFER 

Your Personal Information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside Canada and choose to provide information to us, please be advised that we transfer Personal Information to Canada and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. 

LINKS TO OTHER SITES 

The Site may contain links to other websites. If you choose to visit an advertiser by “clicking on” any type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present an advertisement is not an endorsement, authorization, or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other websites and services follow different rules regarding the use or disclosure of the Personal Information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. 

YOUR RIGHTS 

Depending upon the jurisdiction in which you live, you may have some or all of the following rights with respect to your Personal Information: 

  1. Access: You have the right to request whether we hold Personal Information on you and to request a copy of such information.
     
  1. Accuracy: We aim to keep your Personal Information accurate, current, and complete. We encourage you to contact us to let us know if any Personal Information is not accurate or changes, so that we can update your Personal Information. You can also make changes to your Personal Information in the “user preferences” section of the site.
     
  1. Withdraw consent: If you have provided your consent to the processing of your Personal Information, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing. Withdrawal of consent to receive marketing communications will not affect the processing of Personal Information for the provision of our services.
     
  1. Cessation of Dissemination: You have the right to request that we cease disseminating your Personal Information if the dissemination is contrary to the law or a court order. You also have the right to request that we cease disseminating your Personal Information where the following conditions are met:a) the dissemination of the information causes you serious injury in relation to your right to have your reputation or privacy respected;
    b) the injury is clearly greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; an
    c)the cessation of dissemination requested does not exceed what is necessary for preventing the perpetuation of the injury.
     
  1. De-indexation: You have the right to request that we de-index any hyperlink attached to your name that provides access to information by a technological means if the dissemination is contrary to the law or a court order.You also have the right to request that we de-index a link providing access to information where the following conditions are met:a) the dissemination of the information causes you serious injury in relation to your right to have your reputation or privacy respected;
    b) the injury is clearly greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
    c) the cessation of dissemination requested does not exceed what is necessary for preventing the perpetuation of the injury. 
  1. Re-indexation: You also have the right to request that we re-index a link providing access to information where the following conditions are met:a) a failure to do so causes you serious injury in relation to your right to have your reputation or privacy respected;
    b) the injury caused by a failure to re-index is greater than the public’s interest in knowing the information or the interest of any person’s right to express themselves freely; and
    c) the re-indexation requested does not exceed what is necessary for preventing the perpetuation of the injury.
     
  1. Mobility: You have the right to request that computerized Personal Information collected from you be communicated to you in a commonly used technological format as well as to any person or body authorized by law to collect such information. This right does not extend to information that was created or inferred from your Personal Information and we are under no obligation to communicate such information if doing so raises serious practical difficulties.
     
  1. Complaints: If you believe that your Personal Information protection rights may have been violated, you have the right to lodge a complaint with the applicable supervisory authority, or to seek a remedy thought the courts. 

You may, at any time, enquire about or exercise any of the above rights, by contacting the CTO/CPO.

We will generally respond to all access requests within 30 days of the receipt of all necessary information. In circumstances where we are not able to provide access, or if additional time is required to fulfill a request, we will advise you in writing.

We reserve the right not to release certain types of information based upon exemptions specified in applicable laws. Where possible, we will sever the information that will not be disclosed and provide you with access to the remaining information. Should we be unable to provide access to or disclose Personal Information to you, we will provide you with an explanation, subject to restrictions. 

CONTACT US 

If you have any questions about this Privacy Policy you can contact us at CTO/CPO info@macromindmedia.com 

 

 

 

Terms And Conditions 

Please read these Terms of Service fully and carefully before using headversity.com (the “ Site”) and the services, features, content or applications offered by MacroMind Media Inc. (“MacroMind”, “headversity” “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. 

  1. Acceptance of Terms of Service
  2. By using the Services in any manner, including but not limited to visiting or browsing the Site or signing up to receive our subscription newsletter or any other communications, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us or otherwise through the Services, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  3. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  4. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
  5. Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You must notify us immediately of any change in your eligibility to use the Services, breach of security or any other unauthorized use of the Services you become aware of. 

  1. Sign Up

You can use most parts of the Services without registering, but occasionally there may be features that require you to sign up. When you sign up for any such features, you must provide accurate and complete information and keep such information updated. You may never use another person’s personal information to sign up for any part of the Services without that person’s permission. Additionally, you may be able to access certain parts or features of the Services via Facebook Connect or OAuth (an example of connecting through a “Third Party Account”). By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You shall have the ability to stop receiving certain of the Services you sign up for by emailing us at info@macromindmedia.com 

  1. Content
  2. Definition

For purposes of these Terms of Service, the term “Content” includes, without limitation articles, photographs, images, illustrations, audio clips, video clips, written posts and comments, software, scripts, graphics, and other information, data, text, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). 

  1. Headversity Content

All Content published or otherwise made available through the Services are protected by copyright pursuant to Canada. and international copyright laws, and owned or controlled by MacroMind Media and/or its licensors, as applicable. The Services, including the Site and all Content, are provided solely for your personal, noncommercial use only. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part. 

  1. Notices and Restrictions

In addition to copyright protection, certain Content is protected by trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright or other notices, information, and restrictions contained in any Content accessed through the Services. 

  1. Use License

Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Subject to these Terms of Service, you may copy, distribute, and/or share links to any Content that resides on the Site and/or the Services for your non-commercial use, provided that any such link is accompanied by proper attribution back to Headversity as the source of such Content or Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services, including without limitation any copying, sharing, or distribution of any Content in a manner other than linking or as otherwise authorized in these Terms of Service, in whole or in part, is expressly prohibited without prior written permission from us. In order to request such permission, please contact us at info@macromindmedia.com. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. 

  1. User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. 

  1. License Grant

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after termination of your account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after termination of your account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. 

  1. Availability of Content

We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services. 

  1. Sharing Content via Social Media Services

Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Headversity to share that information with the applicable Third Party Service (defined below). Please review the policies of any Third Party Services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. 

  1. Rules of Conduct
  2. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
  3. You shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
  4. i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our Copyright Policy below);
  5. you know is false, misleading, untruthful or inaccurate;

iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; 

  1. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  2. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  3. impersonates any person or entity, including any of our employees or representatives; or

vii. includes anyone’s identification documents or sensitive financial information. 

  1. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
  2. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  3. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
  4. Third Party Services

The Services may permit you to link to other websites, services or resources on the Internet (each a “Third Party Service”), and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 

  1. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

  1. Warranty Disclaimer
  2. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
    i. which users gain access to the Services;
    ii. what Content you access via the Services; or
    iii. how you may interpret or use the Content. 
  3. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  4. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  5. You shall and hereby do waive any and all similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
  6. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 

  1. Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00. 

  1. Copyright Dispute Policy

We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf ). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. 

Procedure for Reporting Copyright Infringement: 

If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: 

A physical or electronic signature of the content provider, member or user; 

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; 

A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and 

Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside Canada, for any judicial district in which MacroMind Media is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion. 

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Headversity at: 

Copyright Agent
MacroMind Media Inc.
#100, 111- 5 Ave SW Suite 256
Calgary, Alberta, T2P 3Y6 

  1. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the province of Alberta, including its conflicts of law rules, and Canada. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the provincial and Federal courts of Calgary, Alberta. 

  1. Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes. 

  1. Miscellaneous
  2. Entire Agreement and Severability
    These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
  3. Force Majeure
    We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  4. Assignment
    These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  5. Agency
    No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  6. Notices
    Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent info@macromindmedia.com
  7. No Waiver
    Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  8. Headings
    The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact: You may contact us at the following address: #100, 111- 5 Ave SW Suite 256, Calgary, Alberta, T2P 3Y6 

Effective Date of Terms of Service: May 31, 2018