Welcome to Highbrow. Thank you for using our services. The Company’s service means Company-branded audiovisual services, channels, features and/or applications made available via the website, mobile, and TV applications and any other means, method, technique or device whether now known or hereafter (collectively referred to herein as the “Company Service”). The Company Service is offered for a monthly subscription as per the price displayed on the Company Service. The Company Service is provided and owned by Join Highbrow Limited, a limited company incorporated under the laws of England & Wales and its subsidiary and affiliate companies, successors, and assigns, as applicable (“us”, “we,” “our” or the “Company”). The Company Service may expand or change from time to time.
Use by end users of the Company Service (“you”, “your”, or “User”) and the Company website is governed by these Terms. By accessing the Site or Company Service (including browsing, uploading content, or completing account registration), you are hereby agreeing to these Terms. Unless explicitly stated otherwise, any new services, including any new Company properties, downloadable mobile applications, shall be subject to these Terms. If the Company offers an App version of the Company Service and you downloaded it from a third party site, you are granted a limited, non-exclusive, non-transferable license to use the Company Service on any appropriate device as permitted by such third party site. For the avoidance of doubt, the words “User,” “you” and similar terms refer generally to Children, Parents and Content Providers (as each are defined herein) and other end users of the Company Service, unless expressly indicated otherwise.
All minors under 13 years of age must be authorized by a Parent to create a child account. Parents must create a Parent account to access the Company Service. Parent accounts must go through verification processes as stipulated by COPPA, in order to validate a Child’s account and approve usage of the Company Service. In cases where you, as a Parent, have authorized a minor to use the Company Service, you hereby recognize and accept that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Company Service; and (iii) the consequences of any misuse by the minor. Parents hereby acknowledge that some areas of the Company Service may contain material that is inappropriate for the age of their Children.
While the Company uses commercially reasonable efforts only to provide content suitable for the age of the person viewing such content, via self-reported age-verification submitted by Parents, you acknowledge and agree that by using the Company Service, you may be exposed to content that you consider offensive or objectionable. The Company employs commercially reasonable methods to remove content that violates its standards, but content may not always be acceptable to you. You further acknowledge and agree that the Company Service and the content may contain errors or omissions.
You acknowledge and agree that Company relies on its Content Providers, who are not employees of Company, to screen and submit content to the Company Service that is compliant with the Company’s specifications. Under no circumstances will Company be liable in any way to any User for any third party content, including, but not limited to defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the Company Service. Company does not guarantee that any content will be to Parents’ or Children’s satisfaction. Notwithstanding the foregoing, in the event that you believe that content published on or through the Company Service contains obscene, objectionable or defamatory material or otherwise is published in violation of these Terms, please report the content through the Report Video link or contact us right away at: Highbrow LLC .
You acknowledge and agree that your rights to view the content that you access on or through the Company Service are strictly limited to these Terms and revocable by any time by the Company. Except as expressly authorized by the Company or its Content Providers, as applicable, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any content obtained through the Company Service, in any medium now known or later devised. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
The Company may now or in the future implement third party advertising on the Company Service, the Company’s sole discretion without notice to you. Advertising, if implemented, shall be visible only on Parent and Content Provider sections of the Company Service. The Company shall obtain any opt-in or consents required by law when necessary.
The Company Service may now or in the future permit the submission of user-generated content or other communications submitted by Users other than Content Providers (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions both on the site and via third party platforms. You understand that whether or not such User Submissions are published, Company does not guarantee any confidentiality with respect to any submissions.
In order to have allegedly infringing content removed from the Company Service, or to have access to allegedly infringing content disabled, the copyright owner must provide notice to Company with the following information:
Once notice is given to Company, or in circumstances where the Company discovers the infringing material itself, Company will expeditiously remove, or disable access to, the material. The safe harbor provisions of Section 512 do not require the Company to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.
All Users are expected to adhere to the behavior rules that govern the site. We do not tolerate content and conduct that shows vulgarity, sexual behavior, nudity, alcohol or drug references, racisms or sexism or bigotry, religious content, bullying, trolling, self abuse, family abuse, substance abuse, weapons, threats, violence, hacking or fraudulent behavior (or threats), intolerance, or any other behavior that inhibits any User’s ability to enjoy a safe and fun experience. If any User is found at fault for sharing this type of conduct within uploaded content, comments, chat, usernames, or any other form of user generated content, such User may be permanently removed from accessing the Company Service, and in extreme cases, reported to the applicable authorities.
In addition to the foregoing, Users expressly agree that they will not use Company Service in any way that violates these Terms, or in the case of the Content Providers, these Terms and their License Agreement, including but not limited to refraining from the following:
Company also may suspend or terminate any User account for any Service because of user inactivity. For example, a Company account may be terminated or suspended if a user fails to sign-in to the Company Service for an extended period of time. What is considered “user inactivity” varies depending on the Company Service. If one of your accounts is suspended or terminated for inactivity, your right to use the Company Service immediately ceases.
Company respects the intellectual property of others. Company relies on Content Providers’ representations that all content made available through the Company Service is provided by a valid rights holder. In the event that Company becomes aware that content published on or through the Company Service has been provided by a person who is not a valid rights holder, Company may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent and/or General Counsel the following information:
Company’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By Mail: Join Highbrow Limited at 4th Floor, 20 Air Street, Soho, London, England, W1B 5AN
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
Company and the Company Service are provided “as is,” with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Company disclaims any warranties for the security, reliability, timeliness, and performance of the Company Service. To the fullest extent permitted by law, Company disclaims any warranties for other services or goods received through or advertised on the Company Service or received through any links provided in the Company Service, as well as for any information or advice received through the Company Service or through any links provided in the Company Service. Company similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the Company Service. You expressly understand and agree that Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Company Service. Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material through the Company Service, including, without limitation, for harm caused by viruses or similar contamination or destructive features. Company makes no warranty regarding the reliability or accessibility of member web pages or any storage facilities offered by Company. You understand and agree that any material downloaded or otherwise obtained through the use of the Company Service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such material. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
You expressly understand and agree that under no circumstances shall Company or its licensors be liable to any User on account of that User’s use or misuse of and reliance on the Company Service. Such limitation of liability shall apply, without limitation, to (i) prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Company or its licensors have been advised of the possibility of such damages) (ii) whether the damages arise from use or misuse of and reliance on the Company Service, from inability to use the Company Service, or from the interruption, suspension, or termination of the Company Service (including such damages incurred by third parties), (iii) damages incurred by reason of other services or goods received through or advertised on the Company Service or received through any links provided in the Company Service, as well as by reason of any information or advice received through or advertised on the Company Service or received through any links provided in the Company Service, (iv) the costs of procurement of substitute goods or services, lost profits, or lost data, (v) the performance or non-performance of the Company Service or any information or merchandise that appears on, or is linked or related in any way to, the Company network, and (vi) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Under no circumstances shall Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, terrorism, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you, but only to the extent.
You hereby indemnify and hold harmless, and upon Company’s request, defend, Company and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) your use of the Company Service including without limitation your use of content and creation of User Submissions; (ii) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (iii) your violation of any third party right, including without limitation any allegation that any User Submissions provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or Company’s or any User’s use thereof violates or infringes the rights of another party. You will reimburse Company and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 15, provided that Company attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
You and Company agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor Company will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or company acts or proposes to act in a representative capacity. You and Company further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, company, and all parties to any such proceeding.
You acknowledge that the Company Service is intended for use worldwide. The Company reserves its right to expand or limit the territory and the jurisdictions in which the Company Service operates at any time in Company’s sole discretion, without notice.
This Agreement and the relationship between you and Company shall be governed by the laws of England & Wales without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of England & Wales.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the Company’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms, together with all policies referred to herein, constitute the entire agreement between you and the Company with respect to your use of the Company Service and supersedes all prior or contemporaneous communications and proposals between you and the Company regarding such subject matter. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Company does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
If you have any questions or concerns regarding this Agreement please contact us at firstname.lastname@example.org.
Updated: December 21, 2017