Terms of Use

Last Updated: April 16, 2021 

WELCOME 

These terms of use (“Terms of Use”) govern your access and use of the Highways and Hailstones’ (“H&H”, “we”, “us”, “our”) website located at https://highwaysandhailstones.com/ (the “Website”), and our mobile application (the “App”) (collectively, the “Platform”), as well as any micro-site you create through our Website as a chaser (the “Chaser Website”).  Please read the following terms of use (“Terms of Use”) before using the Platform or creating a Chaser Website. By accessing and using the Platform  or your Chaser Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to cease using the Platform or your Chaser Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.  

OWNERSHIP / RESTRICTIONS ON USE 

The Platform is owned and operated by H&H. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Platform (collectively, the “Content”) contained in the Platform are proprietary to H&H, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.  

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of H&H. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of H&H. To obtain written consent for such reproduction, please contact us at support@highwaysandhailstones.com. 

USER ACCOUNT 

To access certain portions of the Platform, create your Chaser Website, or  to   broadcast a live chase through the App, you may be asked to register for an online account . In consideration for your use of this Platform and the services provided on it, you agree to provide true, current, complete and accurate information as requested during registration, and to update that registration information as soon as possible after any information on such registration form changes . 

Upon registration, you will choose or be provided with a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on  the Platform and Chaser Website under such password or username. You agree to immediately notify H&H of any unauthorized use of your password or username or any other breach of security. 

USER-GENERATED CONTENT 

The Website,  any Chaser Website or the App may permit the submission of content, such as articles, photographs, texts and comments, generated by you and other users (“User Content”).  

You are solely responsible for your own User Content and the consequences of posting or publishing it. Except as otherwise provided in these Terms of Use, any User Content or other material, information or ideas that you submit to or post or publish on the Platform is non-confidential and non-proprietary. 

By submitting User Content, you represent and warrant to H&H that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize H&H to use and reproduce your User Content as contemplated in these Terms of Use, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate H&H’s User Code of Conduct set forth below. 

As between you and H&H, you will retain all of your ownership rights in and to your User Content. By submitting User Content to the Platform, you hereby grant to H&H a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, reproduce, distribute, edit and display publicly (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, in connection with the advertisement and promotion of the Website. You also waive your moral rights to the User Content, and hereby grant each user of the Website and the App a non-exclusive license to access your User Content through the Website or App. 

H&H does not endorse any User Content or any opinion, recommendation, or advice expressed therein. H&H reserves the right but is not obligated to monitor User Content or other content sent to or through or posted on the Platform or Chaser Websites. H&H has the right to refuse, remove or delete any User Content and/or to terminate any user’s access to the  Platform or Chaser Website if H&H determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. H&H takes no responsibility for and expressly disclaims any and all liability in connection with any User Content, including without limitation, Chaser Website content. 

USER CODE OF CONDUCT 

By submitting User Content and as a condition of your continued access to and use of the Platform or Chaser Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to: 

1. 1. submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant H&H all of the rights granted herein; 
2. 2. upload, post, comment, e-mail or otherwise transmit any statements, material or User Content that: 
   • o constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message; 
   • o is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;  
   • o contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or 
   • o otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.  
   • 3. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Platform or Chaser Websites, including e-mail addresses, without the express consent of such users; 
   • 4. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform or Chaser Websites; 
   • 5. attempt to gain unauthorized access to the Platform or Chaser Websites, other computer systems or networks connected to the Platform or Chaser Websites, through password mining or any other means; 
   • 6. interfere with or disrupt networks or servers connected to the Platform or Chaser Websites or violate the regulations, policies or procedures of such networks; 
   • 7. use, download or otherwise copy, or provide to any person or entity any Website or App users directory or other user or usage information or any portion thereof other than in the context of your use of the Platform or Chaser Website; and
   • 8. use the App (including taking or uploading photos, videos, texts or articles) while operating a moving vehicle during a live chase. You are required to assess whether the use of the App using hands-free technology is appropriate under the particular circumstances and whether such use is permitted under applicable laws. Further, if applicable federal, provincial, state, territorial, local or other laws or regulations are more restrictive, you must follow the applicable law.  You will be solely responsible for any liability, damages or other penalties associated with the use of the App in a manner prohibited by applicable law.

H&H retains the right, at its sole discretion, to deny use of the Platform or Chaser Website to anyone, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from using the Platform or Chaser Website immediately upon request by H&H to do so. 

APP UPDATES AND UPGRADES

You acknowledge that H&H may from time to time issue updated or upgraded versions of the App, and may (subject to your device settings) automatically electronically update or upgrade the version of the App that you are then currently using on your mobile device. You consent to receive updates or upgrades to the App automatically without providing further consent each time. The App (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in the App description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the App works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at support@highwaysandhailstones.com.

LINKING 

It is our goal to provide increased value to visitors to our Website. Therefore, our Website or the Chaser Websites might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from H&H and that H&H has no control over the content of such websites. Consequently, H&H cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. 

The links which we might place on our Website or chasers might place on the Chaser Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites. 

DISCLAIMER / LIMITATION OF LIABILITY  

Although we strive to update and keep accurate as much as possible the Content contained on the Platform, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times. 

ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. H&H DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. H&H DOES NOT WARRANT THAT THE FUNCTIONS ON THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

IN NO EVENT SHALL H&H, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, ANY CONTENT, EVEN IF H&H HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT, INCLUDING USER CONTENT. 

INDEMNITY 

You agree to indemnify and hold harmless H&H, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (1) your (or anyone acting under your password or username) use of the Platform or Chaser Website, connection thereto, (2) any alleged violation by you of these Terms of Use or (3) any actual or alleged infringement of third party intellectual property or other proprietary rights in connection with the User Content. 

PRIVACY 

Please click here to review our current Privacy Policy, which contains information about the manner in which we collect, use, disclose or otherwise manage personal information.   

CHANGES AND TERMINATION 

H&H reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Further, H&H reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on Platform. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the top of this document. Continued use of the Platform  or the Chaser Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Platform or the Chaser Website constituting consideration from H&H to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Platform or (3) any Content available through the Platform, is to stop visiting and using the Platform. 

TRADEMARKS 

“Highways and Hailstones” is a trade-mark of H&H. Other marks, graphics, typefaces, trade-marks and logos appearing on the Platform are trade-marks or trade dress of H&H. All other trade-marks appearing on the Platform are property of their respective owners. Our trade-marks and trade dress may not be used in any manner for any purpose without our express written consent. 

APPLICABLE LAWS  

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario.  

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. 

NOTICE 

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use, by posting notices or links to such notices on the Platform itself.  

ENTIRE AGREEMENT 

This Terms of Use, along with our Privacy Policy, any other legal notices or statements posted on the Platform, constitutes the entire agreement between you and H&H and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by H&H as set forth above.  

CONTACT 

If you have any questions or comments regarding these Terms of Use please contact us at support@highwaysandhailstones.com 

ADDITIONAL LICENSE TERMS

Apple App Store

If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

• (a) The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the App and content thereof is governed by these Terms of Use.
• (b) Notwithstanding anything to the contrary hereunder, you may use the App only on an iPhone or iPod touch that you own or control.
• (c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
• (d) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. 
• (e) Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. 
• (f) Any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. 
• (g) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. 
• (h) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the App at support@highwaysandhailstones.com
• (i) Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you. 
• (j) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the Apple Media Services Terms and Conditions (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or Apple Media Services Terms and Conditions, as applicable, will apply to the extent of such inconsistency or conflict.

Google Play

If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

• (a) You acknowledge that Google is not responsible for providing support services for the App.
• (b) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.