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Terms & Conditions and Privacy Policy

Welcome to www.highltd.com (the “Site”), a website provided by HIGH Movie Advertising (“Company”). Your use of the Site is at all times subject to the following terms and conditions, and you are deemed to have accepted these terms and conditions upon using the Site. You should review these terms and conditions carefully, and be sure you understand them, prior to using the Site. If you do not agree to these terms and conditions, you must immediately exit the Site.

1. Scope of Use
The Site is provided for promotional and informational purposes only. You may only use the Site if you are a current or prospective customer of Company, or otherwise interested in learning more about Company for a legitimate business purpose. The Site may not be used for any unlawful, fraudulent, harassing, objectionable or other non-legitimate business purpose.

2. Site Content
The Site and all content on the Site (collectively “Content”), plus all copyrights, trademarks, service marks and other intellectual property rights in the Site and such Content, are owned or licensed by Company. You may access, use and copy Content only as expressly permitted herein. No provision of these terms and conditions, and nothing contained on the Site, grants to you, whether expressly, implicitly or otherwise, any license or other right to copy, disclose, distribute, retransmit, use or create derivative works of any Content without the written permission of Company or its licensee (as the case may be), and any such copying, disclosure, distribution, retransmission, use or creation of derivative works is strictly prohibited, except as expressly set forth herein.

3. Third-Party Websites
The Site may contain links to websites maintained by third parties (individually a “Third-Party Site”). Company is not responsible for any content on a Third-Party Site (including, but not limited to, any opinions contained on a Third-Party Site), and does not necessarily endorse or otherwise approve of such content. No link from the Site to a Third-Party Site, or from a Third-Party Site to the Site, is an endorsement, sponsorship or recommendation by Company of such Third-Party Site, and the link is provided only for your convenience. In addition, your use of a Third-Party Site will be subject to its terms of use and other provisions, for which you are responsible if you proceed to such Third-Party Site.

4. Privacy Policy
Company may collect certain personal and analytical information from you, among other ways, through the Site, and will handle such information in accordance with its privacy policy, which is contained on the Site, (the “Privacy Policy”). You should contact Company as set forth in the Privacy Policy with all complaints, questions and requests for additional information relating to Company’s handling of such information.

5. DMCA Notice
If you believe that any content posted by you on the Site has been copied or otherwise used in a manner that constitutes copyright infringement, you may notify Company’s designated agent pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”). Contact information for Company’s designated agent for purposes of DMCA are set forth in Section 15. For your notice to be valid under DMCA, you must provide the following with respect to your claim of copyright infringement:
•    A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
•    Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Company to locate the material;
•    Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and if available, an e- mail address;
•    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and
•    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SITE OR ANY CONTENT (A) WILL ALWAYS BE AVAILABLE FOR USE, (B) ARE FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR OTHER MALICIOUS CODE, (C) WILL MEET YOUR REQUIREMENTS, (D) DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR (E) ARE ERROR-FREE OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED.

7. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT HAVE ANY LIABILITY FOR (A) ANY PERSONAL INJURY, OR (B) ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR COMPUTER CRASHES OR OTHER DENIALS OF SERVICES) ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR ANY CONTENT THEREON, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR OTHER), AND EVEN IF COMPANY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification
You must indemnify, defend and hold harmless Company, its subsidiaries and other affiliates, and its officers, employees and other agents, from all costs, expenses, damages, liabilities, losses and other monetary payments (including, but not limited to, attorneys’ fees and disbursements) in connection with (a) your access to, and use of, the Site, (b) your failure to perform any obligation pursuant to these terms and conditions, (c) your violation of any rights of a third party (including, but not limited to, infringement of a third party’s intellectual property rights, or rights of privacy and publicity, and claims of defamation), and (d) any information or other content submitted by you to Company through the Site.

9. Information Provided by You
You grant to Company a non-exclusive, perpetual and fully-paid license to copy, distribute, modify, and create derivative works of all information and other content submitted by you to Company through the Site. All information provided to you through the Site must be accurate and complete in all respects, unless by its nature such information is not intended to be accurate or complete. In addition, you must at all times immediately update any such information to maintain its accuracy and completeness.

10. Applicable Law
These terms and conditions will be governed by, and construed in accordance with, the laws of the state of California, without regard to principles of conflict of laws.

11. Disputes
Except for any dispute covered by the Privacy Policy, you and Company (a) will submit any dispute relating to the Site, any Content or these terms and conditions exclusively to a federal, state or local court located in the county of Los Angeles, California and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute.

12. Entire Agreement
These terms and conditions contain the entire agreement, and supersede all prior oral and written proposals, understandings and agreements, between you and Company with respect to the Site and any Content.

13. Severability
Whenever possible, each provision of these terms and conditions shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms and conditions, being prohibited or invalid.

14. Revisions
Company may revise these terms and conditions from time to time by posting the revised terms and conditions on the Site, with the revised terms and conditions taking effect as of the date of such posting. It is your responsibility to periodically check these terms and conditions on the Site for such revisions. Your use of the Site following the posting of any revisions to these terms and conditions on the Site will be deemed an irrevocable acceptance by you of such revisions.

15. Additional Information
If you have any questions or desire additional information regarding the Site, any Content or these terms and conditions, or if you would desire to contact Company for any other reason, please write to:
contact@highltd.com

Effective Date: 1st January, 2013

HIGH Privacy Policy

Welcome to www.highltd.com (the “Site”), a website provided by HIGH Movie Advertising (“Company”). Company recognizes the importance of protecting your privacy, and this policy covers Company’s handling of information collected by it through the Site or from other sources in the ordinary course of business (including, but not limited to, employees of Company who supply information to Company during the course of their employment).

1. Controller

Any personal information collected by Company is controlled by Company in Los Angeles, California. Questions and other comments regarding Company’s handling of personal information should be sent to Company as set forth in Section  17.

2. Service Terms

If you intend to use the Site, your use of the Site is at all times subject to the service terms contained on the Site, and this policy. You should review this policy carefully, and be sure you understand it, prior to using the Site. Using the Site is deemed to be irrevocable acceptance of this policy. If you do not agree to this policy, you should not use, but should immediately exit, the Site. For purposes of this policy, accessing the Site only to review this policy is not deemed to be use of the Site.

3. Personal Information Collected

Company may collect your personal information through the Site and from other sources in the ordinary course of business. It does not, however, collect any personal information from you thorough the Site, unless it is provided voluntarily. If you decide to provide your personal information, Company will only retain personal information that is appropriate to fulfill your requests or for Company’s other legitimate business purposes (including, but not limited to, marketing). If you refuse to provide your personal information when requested to do so on the Site, you may not be able to access, or otherwise enjoy the benefits of, certain features of the Site.

4. Compliance

Company complies with all applicable laws relating to your personal information (including, but not limited to, the Children’s Online Privacy Protection Act, if applicable to the Site). While the Site is not intended for children under 13 years of age, if the parent or guardian of a user who is a minor discovers that the minor’s personal information has been submitted to Company without the parent’s or guardian’s consent, Company will use commercially reasonable efforts to remove such personal information from the Site and Company’s servers at the parent’s or guardian’s request. To request the removal of personal information of a minor, the parent or guardian must contact Company as set forth in Section  17, and provide, along with the request, the minor’s user name and legal name.

5. Protection of Personal Information

Except as provided in the immediately following sentence, Company will use commercially reasonable efforts to protect your personal information from unauthorized disclosure or destruction, loss and misuse. Certain personal information posted by you on the Site may be accessible to the general public, and Company is not responsible for protecting such information from unauthorized disclosure or destruction, loss or misuse. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that your personal information could be disclosed or destroyed without authorization, lost or misused, even if Company uses such efforts. In providing personal information to Company, you must assume the risk that any such disclosure, destruction, loss or misuse could occur.

6. Use of Personal Information

Any personal information collected by Company may be used by it for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this Section. Personal information that Company expressly states is collected for a specific purpose will only be retained and used for such purpose, unless you subsequently consent to its being used for another purpose. When you provide personal information to Company, whether or not for a specific purpose, Company may disclose such information to third parties (including, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third-party service providers) that Company has engaged to assist it in fulfilling your request or for other purposes permitted under this policy. Company may at any time, in its sole discretion, disclose and use any information (including, but not limited to, IP addresses), whether or not you furnished such information for a specific purpose, as appropriate to (a) comply with any applicable law or government request, (b) cooperate with law enforcement and other third parties in investigating a claim of fraud, illegal activity, or infringement of intellectual property rights, or (c) protect the rights, property or legitimate business interests of Company or a third party.

7. Analytical Information Collected

Company may collect through the use of “cookies” certain analytical information (including, but not limited to, IP address and its location, access date and time, connection speed, language, browser, operating system and computer used, and other analytical information), which is generally not personally identifiable, from you when you access the Site (collectively “Analytical Information”). Cookies are code placed on your computer by the Site that enable the Site to, among other things, recognize you as a prior user of the Site, provide the Site with details of your prior use and otherwise assist Company in making the Site more useful to you. Company may use permanent cookies that are saved on your computer until you delete them, and session cookies that are automatically deleted when your browser is closed. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse or delete cookies from the Site, you may not be able to take full advantage of some of the features on the Site.

8. Use of Analytical Information

Analytical Information will only be used by Company (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make it more useful to users, and (d) for other legitimate business purposes of Company (including, but not limited to, marketing). However, Analytical Information will not be used by Company to examine other websites visited by you before or after your using the Site.

9. Third-Party Sites

The Site may contain links to websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, for which you are responsible if you proceed to such Third-Party Site. This policy does not cover the privacy policies or practices of any Third-Party Site, and Company is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Company is only responsible for personal information it collects from you in connection with your authorized use of the Site or from other sources in the ordinary course of business. You should consult each Third-Party Site for its privacy policy or practice before submitting any personal information to, or otherwise using, such Third-Party Site.

10. E-Mail

You may from time to time send Company an e-mail message in connection with your use of the Site or in the ordinary course of business. If you do, Company may collect and store your e-mail address and the contents of your message. Your e-mail address and the contents of your message will be used by Company to respond to you or for other legitimate business purposes.

11. Access

Upon your written request, you will be granted access to your personal information retained by Company for the purpose of correcting, amending or deleting it, except where the burden of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. You should contact Company for this purpose as set forth in Section  17.

12. Applicable Law

This policy will be governed by, and construed in accordance with, the laws of the state of California, without regard to principles of conflict of laws.

13. Disputes

If you have a complaint regarding Company’s handling of personal information or otherwise relating to this policy, you should promptly contact Company as set forth in Section  17. Unless the Safe-Harbor Principles require otherwise, you and Company (a) will submit any dispute relating to this policy exclusively to a federal, state or local court located in the county of Los Angeles, California and having subject matter jurisdiction over such dispute, and (b) consent to any such court being a proper venue, and waive any objection to its not being a proper venue (including, but not limited to, any such objection based on convenience), for such dispute.

14. Entire Agreement

This policy, plus the service terms contained on the Site, if applicable, contain the entire agreement, and supersedes all prior oral and written proposals, understandings and agreements, between you and Company with respect to your personal information collected by Company.

15. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

16. Revisions

Company may revise any provision of this policy from time to time by posting the revised provision on the Site, with the revised provision taking effect as of the date of such posting. It is your responsibility to periodically check this policy on the Site for such revisions. Your use of the Site following the posting of any revision to this policy on the Site will be deemed an irrevocable acceptance by you of such revision so far as it relates to any personal information collected by Company through the Site.

17. Additional Information

If you have any questions or desire additional information regarding this policy, please write to:

contact@highltd.com

Effective Date: 1st January, 2013