Online Terms of Use


1 Introduction

 

1.1 Welcome to our website, www.high50.com, which includes any of our forums and blogs (the “Website”). The Website is provided by High50 Limited, a company registered in England and Wales under company number 08037475 and whose registered office is at 141 Wardour Street, London W1F 0UT (“High50”, “us”, “we” or “our” for short). “You” and “your” means you as the user of our Website.

1.2 We have set the terms under which we are providing you with access to our Website. These include the terms and conditions that govern:

(a) Your use of our Website and your rights to link to our Website and provide content to our Website (this document);

(b) How we will use and protect information about you (our “Privacy Policy”); and

(c) How we make use of cookies (our “Cookies Policy”).

Collectively this document and our Cookies Policy and Privacy Policy are termed as the “Terms of Use”.

1.3 If you register for any of our services, or enter any prize competitions or other promotions which are run by us on the Website, separate terms and conditions which are located on the Website may also apply in addition to these Terms of Use. In the event of a conflict between any additional terms and conditions located on the Website and these Terms of Use such additional terms shall prevail.

1.4 We may change our Terms of Use from time to time. The revised Terms of Use will be available via the Website. You should check these Terms of Use regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms of Use after you have been notified of the changes on our Website home page and you continue to access or use the Website.

 

2 Use of this Website

 

2.1 These Terms of Use set out how you may use our Website. By accessing the Website, you agree to these Terms of Use. These Terms of Use apply, whatever method you have used to access the Website, including but not limited to the web, digital television services and mobile phone.

2.2 If you do not agree to these Terms of Use, you should not use the Website. You should read all the Terms of Use prior to using the Website.

 

3 Accessing our Website

 

3.1 Access to our Website is permitted on a temporary basis. We update our Website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website and any services or promotions offered on it at any time without notice.

3.2 You are responsible for making all arrangements necessary to access this Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms of Use.

3.3 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Members (as defined at clause 4 below) who have registered with us.

 

4 Registration and member’s area

 

4.1 If you are aged 18 years or over, you may Create an account and become a registered member of the Website (“Member”).

4.2 As a Member you may have access to additional services and/or functionality; for example, the ability to create an account, save contact information, post comments on to the Website and receive information about certain promotions and special offers which are restricted to Members. (“Members’ Rights”).

4.3 Any personal information that you provide us in the course of becoming a Member or after registration use will be held and used in accordance with any consent obtained from you and the terms of our Privacy Policy.

4.4 Access to any Members’ Rights is controlled by username and password. Members will be able to exercise Members’ Rights of the site on the basis that: (a) Username and password are personal to individual Members, shall not be used by anyone else, and Members take reasonable steps to ensure that such details are kept confidential and secure;

(b) Members provide true, accurate, current and complete information about themselves and any other third parties in the registration form;

(c) Members do not provide any information about third parties without obtaining their consent;

(d) Members do not do anything that would assist anyone who is not a Member to gain access to the profile of another Member or the information contained therein or to enable someone who is not a Member to gain access to Members’ Rights;

(e) Members do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do they seek to pass themselves off as another user;

(f) Members have read and understood these Website Terms and Conditions and the Privacy Policy.

4.5 High50 reserves the right to cancel membership to the Website and/or withdraw any or all Members’ Rights. We shall not be liable for any loss or damages whatsoever arising from a Member’s inability to access any pages on the Website.

 

5 Posting comments or content

 

5.1 Members are invited to post comments in response to articles on the Website or to contribute content or comments to any blog or forum we run, subject to your agreement to observe our Content Rules (as set out below) and acceptance of our Terms of Use.

5.2 Any comments or other content posted by you will be attributed to the username you provide; however, we will not publish your email address on the Website. Any information that you provide to us for the purposes of creating an account will be held as personal data in accordance with our Privacy Policy.

5.3 High50 reserves the right to refuse to publish your comments if you do not adhere to our Content Rules (as set out below) or Terms of Use. We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish your submissions (or their deletion after publication).

 

6 Your content

 

6.1 You agree to use the Website in accordance with the following rules. All content submitted by you, including, but not limited to, your name, biographical information and all other names, text, likenesses, graphics, logos, marks, images, photographs, and all other information and material shall be called “Your Content” for short.

6.2 You grant to High50 a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence to use Your Content (including, without limit, the right to adapt, alter, amend or change Your Content and including full rights to sub-license the same) in any media throughout the world without restriction, and you warrant that any material you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner and that you have all relevant rights in Your Content to enable you to grant the rights in this clause.

6.3 You hereby unconditionally and irrevocably waive and agree not to assert any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with our exploitation of the rights in Your Content granted hereunder, to the maximum extent permissible by law.

6.4 Publication of Your Content will be at our sole discretion and we are entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication.

6.5 You undertake to us that Your Content or its use in accordance with these Terms of Use shall not:

(a) infringe copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;

(b) contain any material which is defamatory of any other person;

(c) contain any material which is obscene, discriminatory or offensive or be otherwise be likely to harass, upset, embarrass or alarm any other person;

(d) contain misleading or deceptive statements or omissions or misrepresent your identity or affiliation with any person;

(e) contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;

(f) contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs or material; or

(g) violate any applicable law, statute, ordinance, rule or regulation (the “Content Rules”).

6.6 If your Content contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of Your Content, all releases, consents and/or licenses necessary to permit use and exploitation of Your Content by us in accordance with these Terms of Use without additional compensation.

6.7 Whenever you submit Your Content to the Website, Your Content must comply with our Content Standards. If you do not comply with our Content Standards, we reserve the right to suspend you from using the Website without notice.

 

7 Reliance on information posted

 

7.1 All information, images, posts, comments and other content displayed and/or posted on our Website (“Materials”) are not intended as advice and should not be relied upon as such.  You should always obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Materials.

7.2 Views and opinions expressed in content submitted by Members of the Website or other third parties are those of the individual submitting the content, not those of High50 and High50 accepts no responsibility for the content of such posts or comments.

 

8 Objectionable content

 

8.1 If you find any content on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at [email protected] using the subject heading “Objectionable Content”.

8.2 On receipt of your complaint we may remove or block access to the content complained of, but will not be obliged to do so.

 

9 Competitions, special offers and promotions

 

9.1 From time to time, High50 may offer Members the opportunity to purchase goods or services or to take advantage of special offers, promotions, competitions in association with a select number of third party partners (“Partners”).

9.2 The Partners are independent of High50 and your purchase and use of any goods and services and/or participation in any special offers, promotions, competitions provided by Partners (“Partner Offerings”) are subject to that Partner’s own terms and conditions, which fall outside the scope of these Terms of Use. Accordingly, we cannot give any undertaking that any Partner Offerings that you purchase from third party sellers through our Website will be of satisfactory quality; performed with reasonable care and skill; or fit for any particular purpose and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us does not affect your statutory rights against the relevant Partner.

9.3 You acknowledge and agree that when ordering Partner Offerings:

(a) the Partner (and not High50) is solely responsible for the fulfilment of any Partner Offerings; and for their quality, suitability and fitness for purpose;

(b) the selection of any Partner or the request for any Partner Offering from the information available on the Website or from the Partner via the Partner’s website or otherwise is solely your choice. Any disputes or questions relating to the Partner Offerings shall be directed to the Partner in question and you acknowledge that High50 shall have no responsibility, obligations or liability in relation to the Partner Offerings.

9.4 In addition to these Terms of Use, any competitions, promotions or prize draws run by us directly via the Website shall be subject to High50’s additional terms notified to you at the time.

9.5  You acknowledge that if you enter into any online competitions or prize draws, any entry information provided by you, such as your name or email address, may be used by us to publicly identify you as the winner or runner up of the relevant competition or prize draw on the Website and you, by entering into such competition or prize draw, consent to such use.

 

10 Intellectual property

 

10.1 You may access, view and print out one copy of this Website and Materials strictly in accordance with these Terms of Use.

10.2 You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to High50. We expressly reserve all intellectual property rights in and to the Website and the Materials and your use of the Website and Materials is subject to the following restrictions. You must not:

(a) remove any copyright or other proprietary notices contained in the Materials;

(b) use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or

(c) reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent.

 

11 Trademarks

 

11.1 We expressly reserve all rights in and to the www.high50.com domain name and all related domains and sub-domains, the name “High 50″, our logo device, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

 

12 Linking to our Website

 

12.1 You may link to any page of the Website for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

12.2 You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website. Our Website must not be framed on any other site.

12.3 If you would like to link to our site for commercial purposes or any purpose not included above, please contact [email protected].

12.4 We reserve the right to withdraw linking permission at any time and without notice.

 

13 Privacy, your personal data and cookies

 

13.1 The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data and our Cookies Policy for details of our use of cookies.

 

14 Third party content and Websites

 

14.1 Our Website may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising.

14.2 Our Website and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that we are, or our Website is, affiliated to or associated with such sites.

14.3 Our communications with you may contain information sourced from third party websites. Material from a third party site will be clearly marked and a link to the source website will be provided. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party.

14.4 The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.

14.5 Please remember that when you use a link to go from our Website to another website, these Terms of Use are no longer in effect. Your browsing and interaction on any other website, including websites which are linked to ours is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.

 

15 Our liability

 

15.1 To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website or any Materials.

15.2 In particular we do not represent, warrant or guarantee that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.

15.3 We also do not accept liability for any failure to maintain the Website, late or failed delivery of any Materials and/or your inability to use the Website.

15.4 The Materials may contain inaccuracies and typographical errors and we make no representations, warranties or guarantees that the Materials are up to date, complete or accurate.

15.5 We therefore disclaim all liability and responsibility for any loss or damage arising out of, or in connection with, your use of, or your reliance on, such Materials.

15.6 We shall also not be liable, under these Terms of Use, for any loss of profit, loss of business, business interruptions or loss of business opportunity (whether such losses are direct or indirect) or any other indirect, special, incidental or consequential loss or damage, even if advised of the possibility of such loss or damage.

15.7 However, nothing in these Terms of Use shall affect your statutory rights, and nothing in these Terms of Use shall exclude our liability for:

(a) death or personal injury arising through our negligence;

(b) fraudulent misrepresentation; and/or

(c) anything else that cannot be excluded or limited by us under English law.

 

16 Serviced countries

 

16.1 This website is provided for users in the United Kingdom only. While access may be possible from outside the UK, this website is not intended for such use and such users access the Website at their own risk.

 

17 Legal compliance and applicable law

 

17.1 The English Courts will have exclusive jurisdiction over any claim arising from or related to a visit to this Website. English Law will apply to these Terms of Use.

 

18 Indemnity

 

18.1 You agree to compensate us and our respective directors, officers, employees, and applicable third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) suffered by such persons arising out of, or related to or which may arise from Your Content and/or any breach by you of any term of these Terms of Use.

 

19 Contact us

 

19.1 If you have any concerns or queries about material which appears on our Website or if you have questions about your use of this Website or these Terms of Use please email us at [email protected].

19.2 If you have any suggestions for improvements or additions that you would like to see on the Website please email us at [email protected]. Our postal address for correspondence is High50 Limited, Circus House, 2nd Floor, 21 Great Titchfield Street, London W1W 8BA.