Terms and conditions
Welcome to Highlanders. Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, Highlanders. By continuing to use us, or by submitting content for publication on Highlanders, you agree to abide, and that you are bound, by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our site and other services) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site or other services shall be subject to these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our websites, mobile apps, SMS or API functions, email notifications, applications, buttons, widgets, advertisements, commerce services and any other services that we provide (collectively, “Services”). The most current version of these Terms and Conditions can be viewed at any time at: www.highlande.rs.
We May Discontinue or Suspend Our Services or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, in whole or in part, our Services with or without notice. You agree that Highlanders shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Services. In addition, we reserve the right to terminate your access to our Services for any reason, and to take any other actions that Highlanders, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
Registration and Account Security: Highlanders users are required to provide their real names and information. By using the Services you agree to the following registration and security obligations: (I) you will not provide any false personal information on the Services, or create an account for anyone other than yourself without permission; (II) you cannot create or use more than one personal account; (III) if your account is disabled by Highlanders, you cannot create another account without our express written authorization; (IV) the Services are restricted to persons age 13 or older; (V) convicted sex offenders may not use our Services under any circumstances; (VI) you will maintain accurate and current contact information in connection with your use of our Services; (VII) you will not provide access to your account to any other person or otherwise share your user account credentials; and (VIII) you will not by any other act or omission jeopardize the security of your account. If you change your contact information associated with your account without updating that information in your account, messages intended for you may be sent to unintended persons such as persons to whom your mobile telephone number is reassigned; Highlanders will have no liability to you for receipt of any communications by any unintended persons as a result of your failure to update your account contact information.
We do not tolerate objectionable content or abusive users.
You also agree not to interfere with our Services, access them by any unauthorized method or otherwise misuse our Services. You may not do any of the following while: (I) access, tamper with, or use non-public areas of the Services, Highlanders’s computer systems, or the technical delivery systems of Highlanders’ providers; (II) seek, expose or take advantage of any vulnerability of any system or network, or circumvent or violate any of our security or authentication measures; (III) access or search or attempt to access or search our Services by any unauthorized methods, including but not limited to scraping the Services; (IV) use the Services to send altered, deceptive, misleading or false source-identifying information, including but not limited to by forging any part of the header information in any email or posting; or (V) interfere with or disrupt, or attempt to interfere with or disrupt, any other user or any host or network associated with our Services, including but not limited to by spreading viruses, overloading, flooding, spamming, or mail-bombing the Services, or by creating content in a manner intended to or having the effect of interfering with or creating an improper burden on our Services. Highlanders expressly reserves the right to access, read, preserve, archive, and disclose any information as we believe is necessary or appropriate to (I) comply with any applicable law, regulation, legal process or governmental request, (II) enforce these Terms and Conditions, including investigating any potential violations of these Terms and Conditions, (III) detect, prevent, or otherwise address fraud, security or technical violations, (IV) respond to support requests from our users, or (V) protect the rights, property or safety of Highlanders, its users and the public.
We reserve the right to remove or reclaim any username or other identification associated with an account in our sole discretion.
If you are using our Services other than on behalf of a natural person (e.g., on behalf of a corporation, limited liability company, partnership, non-profit organization, governmental agency, or other legal entity,) you represent and warrant that you are authorized to do so on such entity’s behalf.
We Have All Rights In Our Services and Content; You Grant Us Certain Rights When You Submit Content to Us: Our Services (including all text, photographs, graphics, video and audio content contained in our Services) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual posts, videos, content and other elements comprising our Services are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained in our Services.
By posting or submitting content on or to our Services (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable and worldwide license and right to host, store, use, display, publish, reproduce, modify, adapt, process, edit and distribute such content in our Services and their affiliated publications (either in the form submitted or in the form of a derivative or adapted work), and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any content submitted to us by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Services, compile, re-edit, adapt or modify your content, or create derivative works therefrom, either on a stand-alone basis or in combination with other content, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. When you publish content or information for public access, it means that you are allowing everyone to access and view that information, and that such information will be associated with your account, your name and your profile picture. While we appreciate user feedback and other suggestions about our Services, you agree that we may use your feedback or suggestions without any obligation to compensate you for them. You have no obligation to offer or provide any feedback or other suggestions to Highlanders.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, stalking, pornographic, contains nude, partially nude or sexually suggestive content, harassing, abusing, bullying, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (IV) impersonate any other person or entity, or use or disclose any other person or entity’s credit card information, social security or alternate identification numbers, or non-public phone numbers or email addresses; (V) violate our community guidelines, available at www.higlande.rs/community; or (VI) restrict or attempt to restrict another user from using or enjoying the Services, or encourage or facilitate violations of these Terms and Conditions or any other terms applicable to the Services. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Highlanders we may authorize such content to be distributed or syndicated to or published on other Highlanders-branded environments.
You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact Highlanders. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following: 1. a statement that you have identified material on a service that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act); 2. a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); 3. the country or countries to which your copyright applies; 4. a description of the way in which the copyright material has been infringed; 5. a description of where the material that you claim is infringing is located on our services (including a URL and screen shot); 6. your address, telephone number, and email address so that we may get in contact with you; 7. a statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; 8. a statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and 9. an electronic or physical signature (which may be a scanned copy) of the copyright owner.
A complaint can be submitted by:
- Sending a letter to our registered copyright agent. Attn: Copyright Infringement Notification, 315 Fifth Avenue, Suite 803, New York, New York 10016, USA;
- Contacting us by email at email@example.com. Please be sure to include responses to items 1-9 above in your email.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to Highlanders or sending us a counter-notice. This “notice and takedown” process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or report material to Highlanders in bad faith.
Your Use of Our Content is Restricted: Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Services or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of our Services or any content therein over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained in our Services; accordingly, you may from time to time excerpt and use materials set forth in our Services consistent with the principles of “fair use”.
We are concerned about the integrity of our Services when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our Services. Neither you nor any third party shall make use of the contents of our Services in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
We are an Internet Service Provider, e.g., We Are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Highlanders. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Services, Highlanders is not undertaking any obligation or liability relating to the content. Highlanders and its affiliates, successors, assigns, employees, agents, directors, managers, officers, shareholders and members do not undertake or assume any duty to monitor our Services for inappropriate or unlawful content. Highlanders and its affiliates, successors, assigns, employees, agents, directors, managers, officers, shareholders and members assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Highlanders reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
Rewards Program: Highlanders’ rewards program is governed by its Rewards Program Policy, which is available at www.highlande.rs/rewards. By using our services, you agree to automatically enroll with the Rewards Program.
Data Charges and Mobile Phones: You agree that you, and not Highlanders, are responsible for any charges that you may incur for using our Services, including text-messaging and data charges associated with use with mobile devices. Please consult your applicable service providers if you have any questions regarding usage charges before using our Services. Our software may automatically download and install upgrades, updates, or other new features unless you disable these features in your device’s settings.
You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: To the fullest extent permissible under applicable law, you agree to indemnify and hold harmless Highlanders and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, licensors and licensees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, as the same are incurred, resulting from (a) your access or use of our Services; (b) any content posted or published by you on our Services; (c) any violation by you of these Terms and Conditions; or (d) any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 10. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Your Use of Our Services is Subject to Certain Disclaimers: OUR SERVICES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR SERVICES OR AVAILABLE THROUGH LINKS ON OUR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SERVICES AND ANY MATERIALS AVAILABLE THROUGH OUR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SERVICERS IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
The materials appearing in our Services could include ERRORS, INCLUDING THOSE OF A technical, typographical, or photographic NATURE. Highlanders does not warrant that any of the materials on OUR SERVICES are accurate, complete, or current. Highlanders EXPRESSLY RESERVES THE RIGHT TO make changes to the materials contained on OUR SERVICES at any time without notice TO YOU, ALTHOUGH Highlanders HAS NO OBLIGATION to update ANY SUCH materials.
BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
HIGHLANDERS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE Highlanders and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, licensors and licensees FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
We Are Not Responsible for Linked Sites: Our Services may contain advertisements. In consideration for accessing and using our Services, you agree that Highlanders, its affiliates, and third parties may place advertising on our Services. Such advertising may sometimes appear near your content. We may not always identify advertising offerings and communications as advertising, and you agree that we are not required to do so. We are not responsible for the availability or content of other services that may be linked to our Services. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
In order to help us provide advertising and similar content, you agree that we may use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like). We may accept payment or other compensation from an advertiser to display your name and/or profile picture with your content or information, without any compensation to you.
We May Be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
Our Liability to You is Limited: To the fullest extent permissible under applicable law, Highlanders and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, licensors and licensees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to our Services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Services (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions), even if Highlanders or one of its authorized representatives has been notified orally or in writing of the possibility of such damages. Any claim against us shall be limited to the amount you paid, if any, for use of our Services.
Special Provisions Applicable to Users Outside the United States: While Highlanders is a global community we also must comply with applicable local laws. The following provisions apply to users and non-users who interact with Highlanders outside of the United States. You agree that your personal data may be transferred to and processed in the United States. You will not use our Services if you are prohibited, or located in a country or other geographic territory that is restricted, from using or receiving products, services, or software originating from the United States. The information provided within our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate any applicable law or regulation or which would subject us to any registration requirements or liability within such jurisdiction or country. We expressly reserve the right to limit the availability of our Services, in whole or in part, to any person, geographic area, or jurisdiction, at any time and in our sole discretion. Software related to or made available by the Services may be subject to United States export controls, and may not be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree that any dispute arising out of or relating in any way to your use of our Services requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Highlanders’ intellectual property rights, Highlanders may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in New York, New York, United States, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms and Conditions, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the courts of the State of New York or to any federal court located within the State of New York for any action (1) to compel arbitration, (2) to enforce any award of the arbitrators, or (3) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
Should this Section 16 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in New York, New York, and you and Highlanders hereby expressly consent to the exercise of jurisdiction by such courts.
BY CONTINUING TO USE OUR SERVICES, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The captions to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof. Given the broad scope of our Services, we may need to adopt supplemental terms and conditions for certain specific additional Services. Any such supplemental terms and conditions will be available in connection with the associated additional Services, and will be automatically incorporated into your agreement with us if you use those Services. In the event of any conflict or contradiction between any term or provision of these Terms and Conditions and any term or provision of any such supplemental terms and conditions, the terms and provisions of such supplemental terms and conditions will control and prevail with respect to your use of such additional Services.
Contacting Us: If there are any questions regarding these Terms & Conditions, you may contact us using the information below:
Highlanders Live Forever, LLC
315 Fifth Avenue – New York, NY 10016 – USA
Last Edited on 2017-21-04 Highlanders Live Forever, LLC