Terms & Conditions

Last Updated: January 13, 2016

1. USER ACCEPTANCE

These Terms of Use, and any rights and licenses granted by High Strung, LLC located at the URL: www.highstrungthemovie.com (collectively, including all Content available through the highstrungmovie.com domain name and/or other related domain names which may point or direct a User to this website, collectively, the “High Strung Website” or “Website”), you signify your assent to both these terms and conditions (the “Terms of Use” or “Agreement”) and the terms and conditions of High Strung, LLC’s Privacy Policy, which is published at the High Strung Website and which is incorporated herein by reference. If you do not agree to any of these terms, then please do not use the High Strung Website. Further, the High Strung Website is offered for viewing and browsing by anyone. Certain areas which request personal information is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, your use of those sections of the Website is prohibited or restricted by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the High Strung Website immediately because by using or attempting to use the High Strung Website, you are expressly certifying that you are at least 13 years of age and meet all other eligibility requirements for your use of the Website.

You understand, acknowledge and agree that you will abide by the terms and conditions of the Agreement between High Strung, LLC and you. When we use the term “Agreement” we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of any features, functions and services we make available to you from time to time through our Website, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (“Rules”) and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect until termination of this Agreement or as long as you are a User of the High Strung Website, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason. “Use” or “using” in this Agreement, means any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the High Strung Website, transmit receive or exchange data or communicate with the High Strung Website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the High Strung Website. This Agreement does not cover your rights or responsibilities with respect to third party content or any Websites or links that may direct your browser or your connection to third party sites or web pages.

2. TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO WEBSITE

For any reason in our sole discretion, we may change the terms of this Agreement. If so, we will post or display notices of material changes on the High Strung Website and we may also e-mail you about these changes. Once we post them on the High Strung Website, these changes become effective immediately and if you use the Website after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions to this Agreement regularly so you are aware of the most current rights and obligations that apply to you.

High Strung, LLC also reserves the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the High Strung Website at any time, without any liability or obligation to you, with or without notice.

3. PRIVACY

Please review the Privacy Policy for important information and disclosures relating to the collection and use of our Personal Information in connection with your use of the High Strung Website. If you have any questions regarding High Strung, LLC’s Privacy Policy, you may send your question to use by e-mail to [email protected].

4. THE HIGH STRUNG WEBSITE AND HYPERLINKS TO THE WEBSITES OF THIRD PARTIES

The High Strung Website may contain links to third party websites that are not owned or controlled by High Strung, LLC. High Strung, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the High Strung Website or any other form of link or re-direction of your connection to, with or through the High Strung Website, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of High Strung, LLC, its partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors and all of their respective offices, directors, employees, representatives, licensors, suppliers, service providers, successors and permitted assigns, attorneys and agents (collectively, “Affiliates”). We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether High Strung, LLC or any Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how High Strung, LLC collects and uses your Personal Information and co-branding relationships. In addition, High Strung, LLC will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve High Strung, LLC from any and all liability arising from your use of any third party website. Accordingly, we strongly suggest that when you leave the High Strung Website that you read the terms and conditions and privacy policy of each and every other website that you visit. You hereby acknowledge that you access third party hyperlinks at your own risk.

 

5. WEBSITE ACCESS

The user of the High Strung Website agrees to access and use the Website in conjunction with these Terms of Use, provided that (i) your use of the High Strung Website as permitted is solely for your personal, noncommercial use (unless High Strung, LLC grants you written permission to do so), (ii) you will not copy or distribute any part of the High Strung Website in any medium without High Strung, LLC’s prior written authorization, (iii) you will not alter or modify any part of the High Strung Website other than as may be reasonably necessary to use the Website for its intended purpose, and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

6. CHILDREN’S PRIVACY

We recognize the need to provide further privacy protections with respect to personal information we may collect from children under the age of 13 on our Website. Any feature on our Website in which personal information is requested is age-gated so that they are not available for use by children under the age of 13, and we do not knowingly collect personal information from children.

7. INTELLECTUAL PROPERTY RIGHTS

All Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material and other copyrightable or otherwise legally protectable elements of the High Strung Website, and the selection, sequence, “look and feel” and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the “Material”) are the property of High Strung, LLC and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, High Strung, LLC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Site or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from High Strung, LLC or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of High Strung, LLC. Use of High Strung, LLC’s and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.

8. ADVERTISING

Communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the High Strung Website. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representation, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

9. PROMOTIONS, CONTESTS, SWEEPSTAKES & OTHER ACTIVITIES

Website’s service providers, suppliers, and Advertisers may conduct promotions on or through the High Strung Website, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement, provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for purposes of your participation.

10. DEALINGS WITH THIRD PARTY SERVICE PROVIDERS

Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through the High Strung Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that High Strung, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Website.

11. WARRANTY DISCLAIMER

USAGE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HIGH STRUNG, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HIGH STRUNG WEBSITE AND YOUR USE THEREOF. HIGH STRUNG, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE HIGH STRUNG WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE HIGH STRUNG WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE HIGH STRUNG WEBSITE (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE HIGH STRUNG WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE.

HIGH STRUNG, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HIGH STRUNG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HIGH STRUNG, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

HIGH STRUNG, LLC’S EMPLOYEES, AGENTS OR OTHER PERSONS CONSTITUTING A RELEASED PARTY, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OUR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIK, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHER WISE MADE AVAILABLE VIA THE HIGH STRUNG WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THAT HIGH STRUNG, LLC SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY OFFENSIVE MATERIALS OR OFFENSIVE CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

HIGH STRUNG, LLC FROM ITS LOCATION IN THE UNITED STATES, MAKES NO REPRESENTATION THAT THE HIGH STRUNG WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

12. INDEMNITY

You agree to indemnify, defend and hold harmless High Strung, LLC, its affiliates, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the High Strung Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation and copyright, property, or privacy right; (iv) any Claims that User generated content caused damage to a third party. High Strung, LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with High Strung, LLC in asserting any available defenses.

13. LIMITATION OF LIABILITY

The information and services provided on the High Strung Website are provided “as is” and “as available.” High Strung, LLC disclaims all conditions, representations and warranties not expressly set out in these terms. High Strung, LLC shall not be liable to you for indirect, incidental, special or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall High Strung, LLC be held liable for delay or failure in performance resulting from causes beyond its reasonable control.

14. SEVERABILITY

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

15. SURVIVAL

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

16. WAIVER

No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provisions of any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.