Terms & Conditions
HIGHBROW TERMS OF SERVICE
Welcome to Highbrow. Thank you for using our services.
Definitions we use in these terms
In these terms and conditions, the following words shall have the following meanings:
"Billing Cycle" means the frequency (i.e. monthly, quarterly, 6-monthly, annually or otherwise agreed) at which payment will be taken for a User's subscription.
"Children" or "Child" means a User under the age of 15.
"Company Service" has the meaning set out in section 4.1 of these Terms.
"Content Providers" means any third party owner or licensor of any content uploaded to or provided as part of the Company Service.
"Parent" means the parent or legal guardian of a Child.
"We", "us", "our" or "Company" means JoinHighbrow Limited, its subsidiaries and affiliate companies, successors, and assigns, as applicable.
"You", "Your" or "User" means a user of the Company Service.
What these terms cover and why you should read them
- These are the terms and conditions on which we make available the Company Service to you ("Terms").
- Please read these terms carefully before you sign up with us to use the Company Service. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in the Terms, please contact us to discuss.
Information about us and how to contact us
- We are JoinHighbrow Limited, a company registered in England and Wales. Our company registration number is 10389756. Our registered VAT number is 255 3205 25.
- You can contact us by writing to us at firstname.lastname@example.org.
- If we have to contact you we will do so by writing to you at the email address you have provided to us as part of your account information.
- When we use the words "writing" or "written" in these Terms, this includes emails.
- When we use the term "Company Service" we mean Highbrow or Join Highbrow-branded audio-visual services, channels, features, content and/or applications made available via our website, mobile, and TV applications and any other means, method, technique or device (including third party content platforms) whether now known or hereafter. This therefore includes any and all Company branded applications, services and channels made available via the Company's own or partner (i.e. anyone the Company contracts with to make the Company-branded application or service available) platforms as well as your access to and / or use any domains managed by Company (including https://joinhighbrow.com).
- The Company Service is an auto-renewing subscription available for the price and periodicity at the timing of subscribing or otherwise notified to you. The most common subscription periodcity available is monthly but from to time to time we also make available quarterly, 6 monthly or annual subscriptions. Our website and or any part of the Company Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms we will not be liable to you or to any other person in the event that all or part of the Company Service is unavailable, discontinued, modified or changed in any way.
Our contract with you
- By using our Company Service, you are agreeing to these Terms. If you do not agree to abide by these Terms you should not register, access or use the Company Service.
- Unless explicitly stated otherwise, any new services, including any new Company properties, downloadable mobile applications, shall be subject to these Terms.
- We may have separate registration procedures and separate terms, user agreements, or similar legal agreements for different portions of the Company Service. When you are using any service or product that we offer that does not require you to enter into a separate legal agreement, these Terms will apply.
- We also may offer or utilise certain services (such as a payment gateway) and / or make the Company Service available via third party platforms (such as a satellite television provider) that are governed by the terms of service of a service partner. In these cases, the said terms of service shall apply to you in respect of that service and you should ensure you read the said terms of service before using the relevant service.
Termination by us
- Use of the Company Service is subject to compliance with these Terms.
- We reserve the right to terminate or suspend any User's access at our sole discretion, without notice, to any portion of the Company Service for:
- non-compliance with these Terms or any other guidelines and rules we publish;
- any conduct that we, in our sole discretion, believe is or may be directly or indirectly detrimental to other Users, to us or our subsidiaries, affiliates, or business contractors, or to other third parties;
- any conduct that violates any local, state, federal, or foreign laws or regulations; and
- any reason or for no reason at all, in Company's sole discretion, without prior notice.
- We also may suspend or terminate any User account for any Service because of user inactivity. If we terminate or suspend your account under this clause 6.3 then:
- we will notify you that we are doing so;
- the termination or suspension will take effect from the next Billing Cycle and you will not be charged from the start of the next Billing Cycle.
- Password and Security
- For those portions of the Company Service that require registration, Users will be responsible for maintaining the confidentiality of their username and password, and are fully responsible for all activities that occur under their account, including their Children's activities (if applicable).
- Users agree to immediately notify us of any unauthorized use of passwords or account information or any other breach of security.
- We will not be liable for any loss or damage arising from a User's failure to comply with this requirement. Users should not share passwords or other personally identifiable information with anyone.
Payment Terms and cancellation by you
- The price of the subscription will be made known to you at the time of signing-up / subscribing (for example https://joinhighbrow.com/user/signup/) Payments for any subscriptions will be taken in arrears and in line with your bill cycle and subscription periodicity. We take all reasonable care to ensure that the price of the product advised to you is correct.
- Once you have registered and subscribed to the Company Service with us, we may change the subscription pricing structure at any time and we will give you at least 30 days' notice before any such changes are due to take effect. You have the right to cancel our subscription with us if you do not agree to such change.
- If you sign up for a free trial of the Company Service, you will be charged automatically at the end of the free trial unless you first cancel the Company Service at least 24 hours before the end of the free trial.
- The subscription auto-renews at the start of the Billing Cycle for the type of subscription you have selected until the subscription is cancelled.
- You may cancel your subscription at any time. When you cancel your subscription, you will not be charged at the beginning of your next Billing Cycle.
- We will not give any refunds for partially used or unused periods of your subscription where you cancel the subscription.
- All charges will be levied on the credit card you input, your iTunes account, Google Wallet account or other relevant payment processing / billing account depending on the platform you sign up from.
- We may offer discounts and/or promotions at any time, in any manner, at our sole discretion.
- You are fully responsible for any and all unpaid charges, including penalties and related fees, for failing to update a credit card before it expires, or otherwise not adequately maintaining your payment method.
Responsibility For Children
In respect of the Company Service, you, as a Parent, recognize and accept that you are fully responsible for: (i) the online conduct of a Child using the Company Service; (ii) controlling the Child's access to and use of the Company Service; and (iii) the consequences of any misuse by the Child.
- Content uploaded by our Content Providers will be pursuant to content standards ascribed by the Company.
- We may disable or remove any content, at any time, at our sole discretion.
- Please be aware that the majority of the content found through the Company Service is aimed at general audiences. We use commercially reasonable efforts to remove content that violates our 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.
- Under no circumstances will we be liable in any way to any User for any third party content, including, but not limited to liability associated with defamation, malicious falsehood, 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 transmitted via or in connection the Company Service.
- We do not guarantee that any content will be to Parents' or Children's satisfaction or fit for their purposes. 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 contact us right away to report the content using the contact details set out in section 3 of these Terms.
No Circumvention of Content Providers' Ownership Rights
- You acknowledge and agree that your rights to view the content that you access on or through the Company Service are strictly limited to the rights granted by these Terms and are revocable by any time by us.
- Except as expressly authorized by us or our 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 conduct listed in this section 11 may constitute a crime and/or other form of unlawful behaviour for which you may be held criminally and/or civilly liable.
- We reserve the right to, in the future, implement third party commercial messaging, promotional messaging, sponsorship-related messaging or sponsored content on the Company Service, at our sole discretion without notice to you.
- If implemented, we shall comply with all applicable laws.
- We do not endorse the material contained in any third party's sites or services and have no association with their operators.
- You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services.
- You agree that you will not involve us in any dispute you may have with such third party sites and services.
User Conduct, Rules, and Moderation Practices
- All Users are expected to adhere to the behaviour rules that govern the Company Service.
- We do not tolerate content and conduct that shows vulgarity, sexual behaviour, nudity, alcohol or drug references, racism or sexism or bigotry, religious content, bullying, trolling, self-abuse, family abuse, substance abuse, weapons, threats, violence, hacking or fraudulent behaviour (or threats), intolerance, or any other behaviour 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 content, such User may be permanently removed from accessing the Company Service, and in extreme cases, reported to the applicable authorities.
- Users expressly agree that they will not use the Company Service in any way that violates these Terms and (without limitation to the generality of the foregoing), Users shall not:
- Upload, post, email, otherwise transmit, or post links to any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Engage in any illegal activity or upload, post, email, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
- Collect or store personally identifying information about other Users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a Company official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Company Service.
- Upload, post, email, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Company Service or Company.
- Interfere with or disrupt the Company Service or servers or networks connected to the Company Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Company Service.
- Purchase any services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the User's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Company Service.
- You expressly acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third-parties; (iv) or protect the rights, property, or personal safety of the Company, its Users and the public.
- You acknowledge and agree that the technical processing and transmission of the Company Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
- We respect the intellectual property of others and rely on Content Providers' representations that all content made available through the Company Service is provided by a valid rights holder.
- In the event that we become aware that content published on or through the Company Service has been provided by a person who is not a valid rights holder, we may, in appropriate circumstances and at our 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 contact us immediately in writing using the details set out in section 3 setting out the following information:
- the name and address of the owner of the copyright or other intellectual property interest;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located or found on the Company Service;
- your (or your Parent's) 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address:
JoinHighbrow Limited at 162 Hammersmith Grove, London, England, W6 7HE
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
Disclaimer of Warranties
- The Company Service is 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, we disclaim any warranties for:
- the security, reliability, timeliness, and performance of the Company Service;
- 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; and
- 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.
- We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
- We disclaim 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.
- We make 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.
Limitation of Liability
- 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:
- 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);
- 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);
- 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;
- the costs of procurement of substitute goods or services, lost profits, or lost data,
- 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
- notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
- Under no circumstances shall the 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, labour disputes, riots, terrorism, insurrections, civil disturbances, shortages of labour 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 limitations set out in this section 16 may not apply to you, but only to the extent that the relevant liability cannot be excluded and where the Company's liability cannot be totally excluded our liability shall be limited to the value of any sums of money paid by you to the Company.
Third Party Claims Made Against Us
- If a claim, action, or proceeding is brought by a third party against us based on:
- a breach by you of any warranty, representation, covenant or obligation of yours under this Agreement; or
- your violation of any third party right,
(a "Third Party Claim")
you will reimburse and hold us harmless, and upon our request, defend us (and our 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 Third Party Claim.
- You will reimburse us on demand for any actual payments we make in resolution of any Third Party Claim, provided that we attempt to obtain your written consent prior to making such payments, and such consent is not unreasonably withheld, delayed or conditioned.
- We shall promptly notify you of any Third Party Claim and you shall assume control of the defence of such claim upon Company's request.
- We have the right, at its expense, to participate in the defence of a Third Party Claim under your direction.
- If a claim, action, or proceeding is brought by a third party against us based on:
Class Action Waiver
- You and we agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor we 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 the Company acts or proposes to act in a representative capacity.
- You and we further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, the Company, and all parties to any such proceeding.
You acknowledge that the Company Service is intended for use worldwide. We reserve our right to expand or limit the territory and the jurisdictions in which the Company Service operates at any time in our sole discretion, without notice.
The Terms and the relationship between you and us (including any non-contractual rights and obligations) 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 our prior express written consent.
- No waiver by either party of any breach or default under these Terms 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 in these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision of the Terms.
Company does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Modifications to the Terms
- These Terms are subject to change from time to time, and your continued use of the Company Service is conditioned upon your acceptance of any modifications hereto.
- You are encouraged to revisit these Terms and review changes, if any.
- If you have any questions or concerns regarding this Agreement please contact us at email@example.com.
Updated: August 24, 2020