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 Circus House, 2nd Floor, Great Titchfield Street, London, United Kingdom W1W 8BA (“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.

10.3 The contents of the Website, such as the compilation and arrangement of text, graphics, images and other materials, and the content provided by RSS feed or other web feed or other content or software used in or provided through the Website (the “Material”), are protected by copyright under both United States and foreign laws. Unauthorised use of the Material may violate copyright, trademark, and other laws.

10.4 If you believe in good faith that any Material on the Website infringes your copyright, you (or your agent) may send High50’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that High50 remove or block access to the infringing material. Your notice to High 50 must include the following information:

(1) an electronic or physical signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;

(2) identification of the copyrighted work or other intellectual property that you claim has been infringed upon;

(3) a description of where the material that you claim is infringing is located on the Website with sufficient detail (including applicable URL if possible) that High50 may find it on the Website;

(4) your address, telephone number and email address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;

(6) information, if possible, sufficient to permit High50 to notify the owner/administrator of the allegedly infringing content; and

(7) a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send High50 a counter-notice. Notices and counter-notices should be sent to our Agent via:

By mail: High50 Limited, Circus House, 2nd Floor, 21 Great Titchfield Street, London W1W 8BA.

By email:  [email protected]

PLEASE NOTE THAT, DUE TO SECURITY CONCERNS, ATTACHMENTS CANNOT BE ACCEPTED. ACCORDINGLY, ANY NOTIFICATION OF INFRINGEMENT SUBMITTED ELECTRONICALLY WITH AN ATTACHMENT WILL NOT BE RECEIVED OR PROCESSED.

 

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 The website and the material are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind. To the fullest extent permitted by law, High50 disclaims all warranties, including the warranty of merchantability, non-infringement of third party rights, and the warranty of fitness for a particular purpose, and makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the website and/or the material. For the avoidance of doubt, High50 makes no representation or warranty that: (i) the website will meet your requirements, or that its operation will be uninterrupted, available, timely, secure or error-free; (ii) the quality of the material will meet your expectations; (iii) any errors in the website will be corrected; or (iv) any of the material is appropriate or may be downloaded outside of the united states. If your use of the website or the material results in the need for service to, or replacement of, equipment or data, High50 is netiher responsible for nor liable for those costs.

15.2 Your use and browsing of, and any reliance by you upon, the Website are at your own risk. If you are dissatisfied with the Website or any material, or with any of the terms and conditions of these terms of use, your sole and exclusive remedy is to discontinue accessing and using the website.

15.3 To the fullest extent permissible under applicable law, High50, any third party content providers, and its/and their respective officers, directors, employees, contractors and agents, are not liable for any direct, incidental, consequential, special, indirect, punitive or similar damages arising out of or resulting from your access to, or use of, or inability to access or use the website, including without limitation, damages for harm to business, lost profits, lost savings, or lost revenues, however such damages are caused and whether based in contract, tort (including negligence) or any other theory of liability. The foregoing limitations shall apply regardless of whether High50 or any third party content provider has been advised of the possibility of such injury, damages, losses or expenses.

15.4 In the event you transmit, introduce, or otherwise cause any technical disruption of the website of the services transmitting the website to you, you agree to be responsible for any and all liabilities and costs and expenses (including attorney’s fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. “technical disruption” includes distribution of unsolicited advertising or chain letters, propagation of computer worms, viruses or other harmful code, and/or using the website to make unauthorised entry to any other machine accessible via the website. You are further solely responsible for the content of any transmissions using the website and, without limiting anything set out in these terms of use, agree not to upload, post or otherwise make available on the website any material protected by a proprietary right of a third party without first obtaining the express permission of the owner of such proprietary right. You shall be solely liable for any damages, losses, costs or expenses (including attorney’s fees and expenses) arising out of infringement of proprietary rights or any other harm arising from the uploading, posting or other submission of materials by you.

 

15.5 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 applicable law.

 

16 Serviced countries

 

16.1 The UK Website is provided for users in the United Kingdom only. While access may be possible from outside the UK, the UK website is not intended for such use and such users access the Website at their own risk.  The English Courts will have exclusive jurisdiction over any claim arising from or related to a visit to the UK Website.  English Law will apply to these Terms of Use for the UK website.

16.2 The US Website is provided for users in the United States only. Such use is governed by the internal substantive laws of the State of New York, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts in New York, New York. To the fullest extent permitted by applicable law, no claim under these Terms of Use may be joined to any other claim, including any legal proceeding involving any other current or former user of the Website, and no class action proceedings will be permitted.

16.3 You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website of these Terms of Use must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

17 Legal compliance

 

17.1 Access to the Material may not be legal by certain persons, or in certain countries. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You will comply with all applicable export laws, restrictions, and regulations of any applicable jurisdiction or foreign agency or authority and will not export or re-export, or allow the export or re-export of any product, technology or information you obtain or acquire in connection with the Website (or any direct product thereof) in violation of any such laws, restrictions or regulations. If you access the Website from outside of the United States or United Kingdom, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are then-located.

 

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.

 Last updated December 2014