Updated: May 22, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Headset desktop software ( the "Service") operated by Alignment Digital. ("Headset", "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters or marketing materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through the Service or by contacting our customer support team via [email protected].
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Alignment Digital with accurate and complete billing information including full name, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we may attempt to charge the credit card on file one or more times. Should payment continue to fail, the subscription will be cancelled.
We may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
At any time and without notice, we reserve the right to (i) modify the terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
Alignment Digital in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Alignment Digital will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
For monthly subscription plans, you will be billed in advance. The prices may be changed at any time, upon thirty (30) day prior notice to you, which may be sent by email or in-app notification. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Any monthly fees paid hereunder are non-refundable and non-cancelable.
Downgrading your plan may cause the loss of features, or capacity of your Account. Alignment Digital does not accept any liability for such loss.
Our Service allows you to access certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you access through the Service, including its legality, reliability, and appropriateness.
You retain the rights to create your own playlists through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content any third party posts on or through the Service. However, by accessing Content using the Service you grant us the right to display such Content on and through the Service if your settings are set for public access. Alignment Digital has the right but not the obligation to monitor all Content provided by users and third parties.
In addition, Content found on or through this Service that are not originally submitted, posted, or displayed by users are the property of Alignment Digital or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Any content stored on the Service will be stored indefinitely, unless it is explicitly deleted. This process is described under "Termination".
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "Copyright Infringement Notice and Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You may submit a notification pursuant to the Copyright Act of Canada by providing our Copyright Agent with the information in writing:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at [email protected].
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Alignment Digital. The Service is protected by copyright, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Alignment Digital.
Our Service may contain links to third party web sites or services that are not owned or controlled by Alignment Digital.
Alignment Digital has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Alignment Digital 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms of Service and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, we provide a tool do so. You may request to delete your account at any time from the Headset software account management page. Upon requesting to delete the account, all Content will immediately become inaccessible. The Content will be deleted from our servers and will no longer be recovered.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By using this Service, you agree to be bound by:
You agree to defend, indemnify and hold harmless Alignment Digital and its licensee and licensors, and their employees, contractors, officers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Alignment Digital, nor its employees, contractors, partners or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Alignment Digital’s subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree with or cannot comply with the terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected].