This site is owned and operated by High Def Highlights (“HighDef”). The following Terms of Use, Privacy Policy and Disclaimer of Warranties govern your use of the website.
PLEASE READ THE COMPLETE TERMS OF USE, PRIVACY POLICY AND DISCLAIMER OF WARRANTIES CAREFULLY BEFORE USING THIS WEBSITE. YOU ACCEPT AND AGREE BY USE OF THIS WEBSITE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, POLICIES AND DISCLAIMERS OF THIS WEBSITE, THAT YOU HAVE THE LEGAL RIGHT AND CAPACITY TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO USE THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, POLICIES AND DISCLAIMERS OF THIS WEBSITE, YOU ARE NOT GRANTED ACCESS TO THIS WEBSITE AND MAY NOT USE THIS WEBSITE.
Terms of Use
The Terms are entered into by and between HighDef and You. The on-line resources accessible via this Website are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms of Use, Privacy Policy, Disclaimer of Warranties and all other conditions and polices set forth, which are incorporated herein by this reference, will govern Your use of the current Website and any new features that augment or enhance the Website. HighDef may make improvements and/or changes, add or remove any part of the Website, in whole or in part, at any time, without prior notice.
You are granted a limited non-exclusive license to access this Website for your own personal use and enjoyment. The Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by HighDef. You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device. Prohibited commercial use includes, without limitation, derivative use of content included on this Website and the products or services provided or sold by HighDef, or any use of any type of data mining tools. HighDef reserves the right to refuse access, terminate relationships, and/or cancel orders in its sole and absolute discretion, including, without limitation, if it believes that a user's conduct violates applicable law or is harmful to the interests of HighDef.
Intellectual Property Rights
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of the Website are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by HighDef or by third parties who have provided materials to HighDef, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. You should assume that everything you see or read on the Website is protected under federal and state law unless otherwise indicated. Except as otherwise indicated herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Website without the prior written permission of HighDef. Notwithstanding the above, you may download or make one (1) copy of downloadable items displayed on the Website, for personal, non-commercial home use only, provided all copyright and other notices contained in the items downloaded are left intact. Any modification of the downloaded items, or any portion thereof, or use of the items for any other purpose constitutes an infringement of HighDef’s copyrights and other proprietary rights. Use of the downloaded items for any other purpose is prohibited without prior written permission from HighDef.
In accordance with the Digital Millennium Copyright Act, HighDef has adopted the following policy toward copyright infringements: HighDef will, in appropriate circumstances, block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our Website. If you believe that any content appearing on this Website has been copied in a way that constitutes copyright infringement, please forward the following information to HighDef as set forth below.
1. Your name, address, telephone number, and email address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of where the alleged infringing material is located;
4. 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;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
High Def Highlights
Valencia, CA 91354
Attention: Warren Harrison
Links
This Website may provide, or third parties may provide, links to other Internet sites or resources. This Website may be linked to other websites that are not under the control of and are not maintained by HighDef. HighDef is not responsible for the content of those sites. HighDef is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by HighDef of those sites. Because HighDef has no control over such sites and resources, You acknowledge and agree that HighDef is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. HighDef will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
California Law and Venue
The Website is controlled and operated by HighDef from its offices within the State of California, United States. HighDef makes no representation that information and items in and on this Website are appropriate or available for use in locations outside of the territory of the United States. Your Agreement to use this Website and this Website and its validity, construction and performance shall be governed in all respects by, and construed in accordance with, the internal laws of the State of California, U.S.A., applicable to agreements made and wholly performed therein without giving effect to principles of conflicts of laws. You and HighDef knowingly, voluntarily and intentionally agree that the United States District Court for the Central District of California and/or the California Superior Court for the County of Los Angeles, State of California, U.S.A., shall have exclusive jurisdiction over any dispute between you and HighDef relating in any way to this Website or these Terms of Use, Privacy Policy and/or the Disclaimers, Warranties and Conditions set forth in this Website. You and HighDef expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THIS WEBSITE IS PROVIDED BY HIGHDEF ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THIS WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. HIGHDEF DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HIGHDEF MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES.
HIGHDEF MAKES NO WARRANTY OR CONDITION THAT: (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THIS WEBSITE’S SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HIGHDEF OR THROUGH OR FROM THIS WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. HIGHDEF’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, HIGHDEF IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF HIGHDEF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THIS WEBSITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND WILL NOT MAKE A CLAIM AGAINST HIGHDEF FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF ANY MATERIALS, DATA OR CONTENT FROM THIS WEBSITE.
YOU AGREE TO HOLD HIGHDEF HARMLESS FROM, AND YOU COVENANT NOT TO SUE HIGHDEF FOR, ANY CLAIMS BASED ON USING THIS WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. IN NO EVENT SHALL HIGHDEF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnity
You agree to indemnify and hold HighDef, its officers, directors, employees, parents, subsidiaries, affiliates, attorneys, accountants, agents, assigns and all other persons acting for its benefit or on its behalf, harmless from any claim, demand or expense, (including costs and attorney's fees) by any third party due to or arising out of your breach of the Web Policy and Conditions of Use set forth in this Website, your use of the Site, its content, any products you may have purchased, or the materials this Website incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of any third party.
Privacy Policy
HighDef respects the privacy concerns of all users. HighDef is firmly committed to protecting the privacy of each and every user. HighDef gathers, analyzes and/or stores personal information generally by way of two different sources: (1) the personal information voluntarily submitted by visitors when using the Website; and/or (2) by analyzing data through mechanisms that identify site usage, browser types, IP servers, etc. to assist in providing better service our purpose.
General data includes information about you such as your name, address, email, and preferences. This information is generally gathered when you voluntarily submit the information. Such information allows HighDef to personalize your experience and helps HighDef better understand the demographics of our audience. From time to time, HighDef may conduct surveys and contests via this Website, email, or other media. If you choose to participate, we may request your name, email address, mailing address and other personal information.
A cookie is a small piece of information sent to your computer’s browser, which is stored on the hard drive of your computer. Should you wish to be notified of, or to accept or decline cookies from being stored on your hard drive, please refer to your internet help directions. To better provide you with excellent service, we may use cookies to remember information about your activities on our website.
HighDef also collects certain technical information from your computer each time you request a page during a visit to this Website. This information may include your Internet Protocol (IP) address, your computer's operating system, browser type and the address of a referring Website, if any. We collect this information to enhance the quality of your experience during your visit to our site and will not sell or rent this information to any third parties.
HighDef will not use any personal information provided by You to send promotional materials that have not been requested by You. Nor will HighDef release any personal information to outside companies. HighDef may share a user's personal information with HighDef agents, representatives, affiliates or related entities of HighDef and trusted service providers and contractors for the limited purposes of providing or enhancing services. We never sell or rent your personal information to any third parties under any circumstances. Aside from the purposes described above, we will never share your personal information with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required by law. We may share aggregated demographic and statistical information with our partners. This is not linked to any personal information that can identify any individual person. Your use of this Website constitutes acceptance of this Privacy Policy and any other applicable terms. If HighDef decides to make any significant change to the Privacy Policy, the change will be prominently displayed on this Website or otherwise bring it to Your attention, so that You are always aware of what we do with Your information.
Entire Agreement
This Web Policy and Conditions of Use Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. No modification or waiver of any terms, conditions or language of this Agreement shall be valid unless the same is in writing and is signed by an authorized officer of HighDef. In the event that any provision of this Agreement is determined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement, all of which shall remain in full force and effect. HighDef reserves for itself all rights, titles, and interests not expressly granted under this agreement.
Web Policy and Conditions of Use last updated January 1, 2010
