Terms of service

Last updated 30 August 2026

These terms and conditions govern access to and use of hbms.co, the fan club and any related service provided by Heartbeat Media Solutions Inc. Please read them carefully. They contain provisions which limit our liability and which require you to indemnify us.

1. Parties and interpretation

This site and the services provided through it are operated by Heartbeat Media Solutions Inc., a company incorporated in Ontario, Canada, with its registered office at 71 Noake Crescent, Ajax, Ontario, Canada. In these terms, "we", "us", "our" and "Heartbeat Media" mean that company. "You" means the person accessing or using the service and, where the service is accessed on behalf of an organisation, that organisation.

Headings are for convenience only and do not affect interpretation. References to "including" are to be construed without limitation. Notices may be given to us at raymond@hbms.co.

2. Acceptance of these terms

By registering for an account, accessing the fan club, or otherwise using the service, you agree to be bound by these terms. If you do not accept them, you must not use the service. Where you accept these terms on behalf of an organisation, you warrant that you have authority to bind that organisation.

Where we have entered into a separate written agreement with you, including a statement of work or services agreement, that agreement governs the services described in it and these terms govern all other use of the service. In the event of conflict, the separate written agreement prevails to the extent of the inconsistency.

3. Eligibility and accounts

You must be at least sixteen years of age to hold an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. You must notify us promptly upon becoming aware of any unauthorised access. Information provided on registration must be accurate and kept up to date.

You may close your account at any time. We may suspend or terminate an account where it is used in breach of these terms, in contravention of applicable law, or in a manner which presents a risk to the service or to other users. Where it is reasonably practicable to give prior notice, we will do so.

4. Acceptable use

You must use the service only for its intended purpose and in accordance with applicable law. You must not:

• Infringe the rights of any third party, including intellectual property rights and rights of privacy.
• Access, or attempt to access, any account, system or data which you are not authorised to access.
• Interfere with the operation or integrity of the service, or test, probe or scan it for vulnerabilities without our prior written consent.
• Extract data from the service by automated means, including scraping, harvesting or bulk download.
• Transmit any material which is unlawful, defamatory, harassing, or which contains malicious code.
• Manipulate any score, leaderboard, draw or reward, including through the operation of multiple accounts.
• Resell, sublicense, lease or otherwise commercially exploit the service without our prior written consent.

5. Fan club, tokens and promotions

Tokens, points, entries and comparable balances within the fan club are a means of administering the club. They carry no monetary value, do not constitute property or a stored-value instrument, and are not redeemable for cash or transferable between accounts.

Draws, competitions and promotions may be subject to additional rules, which apply in addition to these terms. We reserve the right to modify, suspend or discontinue any game, draw or reward, and to adjust or cancel any balance accrued in error, through system fault, or through conduct in breach of clause 4. Where a prize is provided by a sponsor or rights holder rather than by us, that provider is responsible for its supply and for the satisfaction of any associated obligation.

6. Intellectual property

The service, including its software, design, text, graphics, and trade marks, is owned by us or licensed to us and is protected by intellectual property law. Subject to your compliance with these terms, we grant you a limited, personal, revocable, non-exclusive and non-transferable licence to access and use the service for its intended purpose. No other right or licence is granted, whether by implication or otherwise, and our trade marks may not be used without our prior written consent.

You retain ownership of material you submit. By submitting it you grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce and display that material to the extent necessary to operate the service, and you warrant that you are entitled to grant that licence. Where you provide feedback or suggestions, we may use them without restriction and without obligation to you.

7. Third party services

The service depends upon third party providers, including our host, our customer record system, our transactional email provider and our analytics provider. Those providers are identified in our privacy policy. We select them with reasonable care and bind them to process personal data on our instructions. We do not control their systems and, save to the extent required by law, we are not responsible for their acts or omissions. Links to third party websites are provided for convenience and do not constitute an endorsement.

8. Personal data and deletion

Our processing of personal data is governed by our privacy policy, which forms part of these terms. In summary, we do not sell personal data, information provided to sponsors is aggregated at segment level and does not identify individuals, and no analytics is loaded prior to consent.

You may request erasure of your personal data at any time. Data is erased within 30 days except where retention is required by law. The limited statutory exceptions, including evidence of marketing consent and financial records, together with the treatment of backups, are set out in the privacy policy.

9. Availability, changes and disclaimer

We will use reasonable endeavours to maintain the availability of the service and to give notice of planned maintenance. We do not warrant that the service will be uninterrupted, timely, secure or free from error. We may modify, suspend or withdraw any part of the service, and we may amend these terms. Where an amendment materially affects you and you hold an account, we will give notice by email or by prominent notice on the site before it takes effect. Continued use of the service following the effective date constitutes acceptance of the amended terms.

Except as expressly provided in these terms or in a separate written agreement, the service is provided on an "as is" and "as available" basis, and all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.

10. Fees

Access to the fan club is provided without charge unless we notify you otherwise. Where you purchase a paid service, the applicable fees, billing arrangements and any money-back guarantee are set out in the relevant order form or statement of work, which governs payment for that service.

11. Limitation of liability

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited. Nothing in these terms affects the statutory rights of a consumer, and where such rights apply they prevail over this clause to the extent of any inconsistency.

Subject to the foregoing, and to the fullest extent permitted by applicable law:

• We shall have no liability for indirect, incidental, special, punitive, exemplary or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or anticipated saving, or for the loss or corruption of data, in each case whether or not the possibility of such loss was known to us.
• In no event shall Heartbeat Media be held liable for damages exceeding the amount paid in the last 12 months. For these purposes, that amount means the sums actually paid by you to us in respect of the service giving rise to the claim during the twelve month period immediately preceding the event giving rise to it. Where no sum has been paid, our aggregate liability shall not exceed one hundred Canadian dollars.
• The limit in this clause is an aggregate limit applying to all claims taken together, and not a separate limit in respect of each claim. It applies whether the claim arises in contract, in tort (including negligence), for breach of statutory duty, or otherwise.

You acknowledge that these limitations are reasonable having regard to the nature of the service and, where it is provided without charge, that we would not otherwise make it available.

12. Indemnification

Users agree to indemnify and hold Heartbeat Media harmless against any claims that arise from the use of our business or platform. This indemnity extends to claims, demands, actions, proceedings, losses, damages, liabilities, costs and reasonable legal fees brought or incurred by reason of a third party claim arising out of or in connection with your use of the service, your breach of these terms, your breach of applicable law, or your infringement of the rights of any third party.

We shall notify you promptly of any claim in respect of which indemnity is sought, shall not settle any such claim without your prior consent, and shall permit you to assume conduct of the defence using legal counsel reasonably acceptable to us. We reserve the right to participate in the defence at our own expense. This clause survives termination of these terms.

13. Governing law and jurisdiction

This agreement is governed by the laws of Ontario and dispute shall be resolved in Canada. The federal laws of Canada applicable therein apply in addition, and any conflict of laws rules which would result in the application of the law of another jurisdiction are excluded.

The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Toronto. Where you are a consumer, this clause does not deprive you of any right to bring proceedings in the courts of your country of residence, nor of the benefit of any mandatory provision of the law of that country which cannot be derogated from by agreement.

Prior to commencing proceedings, the parties shall use reasonable endeavours to resolve the matter by written notice to raymond@hbms.co.

14. Termination

You may cease using the service at any time. We may terminate or suspend access in accordance with clause 3. Upon termination, the licence granted under clause 6 ceases immediately. Any provision which by its nature is intended to survive termination shall do so, including clauses 6, 11, 12, 13 and 15.

15. General

If any provision of these terms is held to be invalid or unenforceable, that provision shall be applied to the maximum extent permissible and the remaining provisions shall continue in full force and effect. No failure or delay in exercising a right constitutes a waiver of it. You may not assign or transfer your rights under these terms without our prior written consent; we may assign our rights to a successor in connection with a merger, acquisition or sale of assets. No person other than the parties has any right to enforce these terms. These terms, together with our privacy policy and any separate written agreement between the parties, constitute the entire agreement in respect of the service and supersede all prior representations and understandings.