Terms of Use
PLEASE READ THE
FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE. Welcome
to www.askhighrollers.com (together with its subdomains, Content and Marks, the
“Site”). lease read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to us ("company”,
"we", "our" or "us"). By accessing or using the
Site, you expressly acknowledge and agree that you are entering a binding legal
agreement with us and have understood and agreed to comply with, and be legally
bound by, these Terms of Use, together with the Privacy Policy that can be
accessed by clicking here Privacy Policy (the
"Terms"). You hereby waive any applicable rights to require an
original (non-electronic) signature or delivery or retention of non-electronic
records, to the extent not prohibited under applicable law. If you do not agree
to be bound by these Terms please do not access or use the Site.
1. Modification. We
reserve the right, at our discretion, to change these Terms at any time. Such
change will be effective ten (10) days following posting of the revised Terms
on the Site, and your continued use of the Site thereafter means that you
accept those changes.
2. Ability
to Accept Terms. The Site is only intended for individuals aged
eighteen (18) years or older. If you are under 18 years please do not visit or
use the Site.
3. Site
Access. During the period in which these Terms are in effect, we
hereby grant you permission to visit and use the Site, provided that you comply
with these Terms and applicable law.
4. Restrictions. You
shall not: (i) copy, distribute or modify any part of the Site without our
prior written authorization; (ii) use, modify, create derivative works of,
transfer (by sale, resale, license, sublicense, download or otherwise),
reproduce, distribute, display or disclose Content (defined below), except as
expressly authorized herein; (iii) disrupt servers or networks connected to the
Site; (iv) use or launch any automated system (including without limitation,
"robots" and "spiders") to access the Site; and/or (v)
circumvent, disable or otherwise interfere with security-related features of
the Site or features that prevent or restrict use or copying of any Content or
that enforce limitations on use of the Site.
5. Intellectual
Property Rights.
5.1. Content and Marks. The (i) content on the Site,
including without limitation, the text, documents, articles, brochures,
descriptions, products, software, graphics, photos, sounds, videos, interactive
features, and services (collectively, the "Materials"), (ii) and User
Submissions, as defined below (together with the Materials, the "Content"),
and (iii) the trademarks, service marks and logos contained therein ("Marks"),
are the property of related
company and/or its licensors and are protected by applicable copyright
or other intellectual property laws and treaties. The Site, the Site logo, and
other marks are Marks of related
company or its affiliates. All other trademarks, service marks, and
logos used on the Site are the trademarks, service marks, or logos of their
respective owners. We reserve all rights not expressly granted in and to the
Site and the Content.
5.2. Use of Content. Content on the Site is provided to
you for your information and personal use only and may not be used, modified,
copied, distributed, transmitted, broadcast, displayed, sold, licensed,
de-compiled, reverse engineered, or otherwise exploited for any other purposes
whatsoever (including, without limitation, to create derivative works) without
our prior written consent. If you download or print a copy of the Content you
must retain all copyright and other proprietary notices contained therein.
6. Third
Party Sources and Content.
6.1. The Site enables you to view, access, link to, and use
content from Third Party Sources (defined below) that are not owned or
controlled by us ("Third Party Content"). The Site may also enable
you to communicate and interact with Third Party Sources. "Third Party Source(s)"
means (i) third-party websites and services; and (ii) our partners and
customers.
6.2. We have no control over any Third Party Sources. We do
not assume any responsibility for the content, terms of use, privacy policies,
actions or practices of, any Third Party Sources. Please read the terms of use
and privacy policy of any Third Party Source that you interact with before you
engage in any such activity.
6.3. We are not responsible for, and we expressly disclaim
all warranties regarding, the accuracy, appropriateness, usefulness, safety, or
Intellectual Property Rights (defined below) of, or relating to, any Third
Party Content.
6.4. By using the Site you may be exposed to Third Party
Content that is inaccurate, offensive, indecent, or objectionable. You always
have the choice of deciding whether or not to interact with a Third Party
Source or to view and use Third Party Content. Your interaction with a Third
Party Source and your use of, and reliance upon, any Third Party Content is at
your sole discretion and risk.
6.5. You are solely responsible and liable for your
interaction with a Third Party Source. You agree to waive, and hereby do waive,
any legal or equitable rights or remedies you may have against the related company, and
release it from any
and all liability, arising from your use of and interaction on any Third Party
Content and from your interaction with any Third Party Source. If you have any
query or complaint regarding a Third Party Source or any Third Party Content,
you agree to contact the Third Party Source directly.
7. User
Submissions.
7.1. Responsibility. The Site may permit the submission,
hosting, sharing and publishing of Content by you and other users ("User
Submissions"). You understand that whether or not such User Submissions
are published, we do not guarantee any confidentiality with respect to any User
Submissions. You shall be solely responsible for your User Submissions and the
consequences of posting, publishing or uploading them. We have complete
discretion whether to publish your User Submissions and we reserve the right in
our sole discretion and without further notice to you, to monitor, censor,
edit, remove, delete, and/or remove any and all Content posted on the Site
(including User Submissions) at any time and for any reason.
7.2. Ownership. You represent and warrant that you own or
have the necessary rights and permissions to use and authorize the Site to use
all Intellectual Property Rights (defined below) in and to your User
Submissions, and to enable inclusion and use thereof as contemplated by the
Site and these Terms. Unless the User Submissions are separately referred to,
all references herein to Content shall include references to User Submissions.
"Intellectual Property Rights" means any and all rights, titles and
interests, whether foreign or domestic, in and to any and all trade secrets,
patents, copyrights, service marks, trademarks, know-how, or similar intellectual
property rights, as well as any and all moral rights, rights of privacy,
publicity and similar rights of any type under the laws or regulations of any
governmental, regulatory, or judicial authority, foreign or domestic. You
retain all of your ownership rights in and to your User Submissions.
7.3. License to User Submissions. By submitting the User
Submissions to the related
company, you hereby grant
it a worldwide, irrevocable, non-exclusive, royalty-free, perpetual,
sublicensable and transferable license to use, reproduce, distribute, prepare
derivative works of display, and perform the User Submissions in connection
with the Site and company’s
business, including without limitation for redistributing part or all of your
User Submissions (and derivative works thereof) in any media formats and
through any media channels and, and you hereby waive any moral rights in your
User Submissions, to the extent permitted by law. You also hereby grant each
user of the Site or other viewer or user of the User Submission a non-exclusive
right to use, reproduce, distribute, prepare derivative works of, display and
perform such User Submissions, all in accordance with these Terms.
7.4. Prohibited Content. You agree that you will not display,
post, submit, publish, upload or transmit a User Submission that: (i) is unfair
or deceptive under the consumer protection laws of any jurisdiction; (ii) 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; (iii) creates a risk to a person’s safety or health,
creates a risk to public safety or health, compromises national security, or
interferes with an investigation by law enforcement; (iv) impersonates another
person; (v) promotes illegal drugs, violates export control laws, relates to
illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
gives rise to civil liability, violates any law, or is inappropriate; (vii) involves
theft or terrorism; or (viii) is otherwise malicious or fraudulent.
7.5. Exposure. You understand and acknowledge that when
accessing and using the Site: (i) you will be exposed to User Submissions from
a variety of sources, and that mentioned company is not responsible for the accuracy,
usefulness, safety, or Intellectual Property Rights of, or relating to, such
User Submissions; and (ii) you may be exposed to User Submissions that are
inaccurate, offensive, indecent, or objectionable. You hereby agree to waive,
and hereby do waive, any legal or equitable rights or remedies you may have
against the related
company with respect to (i) and (ii) herein.
8. Information
Description. We attempt to be as accurate as possible. However, we
cannot and do not warrant that the Content available on the Site is accurate,
complete, reliable, current, or error-free. We reserve the right to make
changes in or to the Content, or any part thereof, in our sole judgment,
without the requirement of giving any notice prior to or after making such
changes to the Content. Your use of the Content, or any part thereof, is made
solely at your own risk and responsibility.
9. Disclosure. We
reserve the right to access, read, preserve, and disclose any information that
we obtain in connection with the Site, and your use thereof, as we reasonably
believe is necessary to (i) satisfy any applicable law, regulation, legal
process, subpoena or governmental request, (ii) enforce the Site Terms,
including to investigate potential violations of them, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of the company, its users or
the public.
10. Links.
10.1. The Site may contain links, and may enable you to post
content, to third party websites that are not owned or controlled by the related company. We
have no control over, and assume no responsibility for the content, privacy
policies, or practices of, any third party websites. You: (i) are solely
responsible and liable for your use of and linking to third party websites and
any content that you may send or post to a third party website; and (ii)
expressly release the
company from any and all liability arising from your use of any third
party website. Accordingly, we encourage you to read the terms and conditions
and privacy policy of each third party website that you may choose to visit.
10.2. We permit you to link to the Site provided that: (i)
you link to but do not replicate any page on this Site; (ii) the hyperlink text
shall accurately describe the Content as it appears on the Site; (iii) you
shall not misrepresent your relationship with the related company or present any false
information about the
company and shall not imply in any way that we are endorsing any
services or products, unless we have given you our express prior consent; (iv)
you shall not link from a website that contains content that (a) is offensive or
controversial (both at our discretion), or (b) infringes any intellectual
property, privacy rights, or other rights of any person or entity; and/or (v)
you, and your website, comply with these Terms and applicable law.
11. Privacy. We
will use any personal information that we may collect or obtain in connection
with the Site in accordance with our privacy policy which is available at Privacy Policy. You agree that we may
use personal information that you provide or make available to us in accordance
with the Privacy Policy.
12. Warranty
Disclaimers.
12.1. This section applies whether or not the services
provided under the Site are for payment. Applicable law may not allow the
exclusion of certain warranties, so to that extent, certain exclusions set
forth herein may not apply.
12.2. The site is provided on an "as is" and "as available" basis, and without warranties of any kind either express or implied. The company hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchant ability, title, fitness for a particular purpose, non-infringement, and those arising by statute or from a course of dealing or usage of trade. The company does not guarantee that the site will be free of bugs, security breaches, or virus attacks. The site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that the company will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the site by a third party.
12.3. The company does not warrant, endorse or guarantee any content that appears in a user submission, and does not make any representation or warranty with respect to, and disclaims all liability for, any such content.
12.4. You specifically acknowledge that the company shall not be responsible for the user submissions or conduct (including defamatory, offensive, illegal, or negligent conduct) of any site user and that the risk of harm or damage from the foregoing rests entirely with you.
12.5. Your reliance on, or use of, any site content (including without limitation, any user submissions), or interaction with any third party featured on the site, is at your sole risk. If you have a dispute with any third party as a result of, or arising from your use of the site, you agree that the company is not and shall not be liable for any claims or damages arising out of or connected with such dispute.
12.6. Except as expressly stated in our privacy policy, we do not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.
12.7. We endeavor to offer you valuable information about the products and services that are featured/reviewed on the site. However, in order to provide you with this information at no cost, we must seek revenues opportunities through other means. By way of example, we may charge a placement fee to those third parties that are featured on our site, and we may receive fees each time a user clicks through to one or more such parties and/or actually purchases products/services that are offered by any of them. In all cases, however, the revenues that are paid to the company will not influence the material we present about a specific third party featured on our site.
13. Limitation
of Liability.
13.1. To the fullest extent permissible by law, the company shall not be liable for any indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under these terms or out of your use of, or inability to use, the site, even if the company has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
13.2. In no event shall the aggregate liability of the company for any and all damages arising under these terms or out of your use of, or inability to use, the site exceed the total amount of US $1,000.
14. Indemnity. You
agree to defend, indemnify and hold harmless the company and its affiliates, and its respective officers, directors,
employees and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs and expenses (including but not limited
to attorney's fees) arising from: (i) your use of, or inability to use, the
Site; (ii) your User Submissions; (iii) your interaction with any Site user; or
(iv) your violation of these Terms.
15. Term
and Termination. These Terms are effective until terminated by the related company or
you. The Company,
in its sole discretion, has the right to terminate these Terms and/or your
access to the Site, or any part thereof, immediately at any time and with or
without cause (including, without any limitation, for a breach of these Terms).
The Company shall
not be liable to you or any third party for termination of the Site, or any
part thereof. If you object to any term or condition of these Terms, or any
subsequent modifications thereto, or become dissatisfied with the Site in any
way, your only recourse is to immediately discontinue use of the Site. Upon
termination of these Terms, you shall cease all use of the Site. This Section
15 and Sections 5 (Intellectual Property Rights), 7.3 (License to User
Submissions), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of
Liability), 14 (Indemnity), and 16 (Independent Contractors) to 18 (General)
shall survive termination of these Terms.
16. Independent
Contractors. You and the company are independent contractors. Nothing in these Terms
creates a partnership, joint venture, agency, or employment relationship
between you and the company.
You must not under any circumstances make, or undertake, any warranties,
representations, commitments or obligations on behalf of the company.
17. Assignment. These
Terms and any rights and licenses granted hereunder may not be transferred or
assigned by you but may be assigned by the company without restriction or notification to you.
18. General. The Company reserves the
right to discontinue or modify any aspect of the Site at any time. These Terms
and the relationship between you and the company shall be governed by and construed in accordance
with the laws of the state
that company belongs, without regard to its principles of conflict of
laws. These Terms shall constitute the entire agreement between you and the related company
concerning the Site. If any provision of these Terms is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms, which shall
remain in full force and effect. No waiver of any term of these Terms shall be
deemed a further or continuing waiver of such term or any other term, and a
party's failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF
ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.