Highness Capital

Terms of Use

This website is owned and operated by the Highness Group of Companies that includes Highness Global Inc., Highness Global Capital Inc.  and Highness.art; and that are collectively referred to as Highness, The Company, we or us. We have taken reasonable care in producing and publishing the information contained in this website and will endeavour to do so regularly. This Website Terms of Use Policy (Terms) governs your use of this website, including any services that are provided by the us indirectly or directly through the website. By accessing or using this website, you agree to be bound by these Terms including our Privacy Protection Policy which you can also find on our website. 

The information contained herein is prepared by us and we believed to be accurate at the time of posting, but may be superseded by subsequent disclosures. Highness reserves the right to update, change and amend these Terms at any time without prior notice to you. The most recent version of these Terms will be posted on this website. 

Your use of the website is an indication of your you acceptance and agreement to be bound by the Terms. Your continued use of this website following any changes to the Terms means that you agree to be bound by the then-current version of the Terms. Please check this webpage frequently. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THIS WEBSITE, ENGAGE IN THE SITE IN ANY WAY AND/OR USE THE SERVICES OFFERED ON THIS WEBSITE.

PERMITTED USERS AND USE

This website is only intended for use by individuals who are at least the age of majority in their jurisdiction of residence and can enter into legally binding contracts under applicable law. If under 18 years of age, you must have permission from your legal guardian. 

You represent and warrant that you have the legal authority to agree to and accept these Terms on your own behalf and, if applicable, on behalf of such natural person, incorporated or unincorporated entity, you purport to represent. 

You are responsible for any activity that occurs under your name, username (you are solely responsible for your own account, password security and account usage).  You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (and so on) that you submit, post and display. 

You will not impersonate any individual or entity or falsely state or otherwise misrepresent an affiliation with any individual or entity. You must not abuse, harass, threaten, or intimidate other website users or be defamatory, obscene, libelous, invasive or exploitative of another user or their right to privacy.

You will promptly advise Highness of any improper or unauthorized usage. 

This website may not be used where access to or use of this website or any part of it may be illegal or prohibited. You may not use this website for any purpose or in any manner that is illegal, fraudulent or infringes another person’s rights.

WEBSITE CONTENTS

This website has not been independently audited or verified in its entirety and is provided on this website for informational purposes only.  Material on this site may still contain technical or other inaccuracies, omissions, or typographical errors, for which Highness assumes no responsibility.

UPLOADED CONTENT

Should you upload images and item description content to Highness, you agree to allow other users to view them and you agree to allow Highness to display the images and content and also to store the images, item description, profile and other content.

You must not transmit any worms or viruses or any file, code or programs of a destructive nature or cause any other intentional cyber security breach. Any costs or liabilities of such breaches or transmissions will be your responsibility. 

NO SOLICITATION

This information is not to be construed as an offer nor as a recommendation to buy or sell securities and is not intended to constitute financial, accounting, legal or tax advice, nor should not be considered a substitute for independent professional advice before making any investment decisions. No securities commission, stock exchange, or other regulatory authority in Canada, including the Canadian Securities Exchange, has reviewed the information on this website, and are not responsible for its adequacy or accuracy; no representation or warranty is made by Highness to that effect. Highness, its officers and directors assume no responsibility for use of this information in any way whatsoever and do not guarantee its accuracy. The information on this website does not constitute the official version of the Company’s disclosure documents and should not be used for the purpose of making investment decisions concerning Highness.

NO CLIENT RELATIONSHIP

Unless separately agreed to or governed by another agreement with the Company, your access and use of this website or communication with Highness does not create an investment counsel-client, advisor-client, advisory, agent, fiduciary or other relationship.

You must not create or submit unauthorized or unwanted email or conversations, discussions or other communication engagement to any other user – such engagement will be deemed SPAM. 

CAUTIONARY NOTES & FORWARD-LOOKING INFORMATION

This website may contain certain information that constitutes “forward-looking statements” and “forward-looking information” within the meaning of applicable securities laws (both terms are collectively referred to in these Terms as “forward-looking statements” unless otherwise stated). Forward-looking statements are frequently characterized by words such as “plan,” “expect,” “project,” “intend,” “believe,” “anticipate”, “would”, “possible”, “goals”, “targets” and other similar words, or statements that certain events or conditions “may” or “will” occur.

All forward-looking statements are based on the opinions, assumptions and estimates of management at the date the statements are made. While the Company considers these assumptions to be reasonable, based on information currently available, they may prove to be incorrect. Forward-looking statements are also subject to a variety of important risks and uncertainties and other known and unknown factors that could cause actual events or results to differ materially from those projected in the forward-looking statements. Except as required by applicable law, the Company disclaims any obligation to update or revise any forward-looking statements if circumstances or management’s estimates or opinions should change. If we update any one or more forward-looking statements, no inference should be drawn that the Company will make additional updates with respect to those or other forward-looking statements. Forward-looking statements should not be read as a guarantee of future performance or results, and the reader is cautioned not to place undue reliance on forward-looking statements. All of the forward-looking statements contained in this website are qualified by these cautionary statements.

PROPRIETARY RIGHTS

This website, it’s layout and design, and all information, images, artwork, text, video, audio, pictures, and other materials on website including software (the Content) are protected by copyright and other proprietary rights in Canada and around the world, all of which are owned by the Company or by which the Company has obtained permission from the owner of the intellectual property in such Content to use the Content on this site. Except as provided in these Terms, you may not, directly or indirectly, copy, reproduce, modify, distribute, republish, post, transmit, display, frame in another web page, perform, or create derivative works from the Content, or any part thereof, on this website without its express written permission. Highness hereby grants you a limited, revocable, conditional and non-exclusive license to display and download the Content from this website solely for your personal, non-commercial use, provided you do not alter the Content in any manner.

Nothing in these Terms shall be construed as granting you any proprietary rights by using or accessing this website and services, and the Company’s posting of Content on this website does not constitute a waiver of any right in or to such Content.

You will not post, disseminate or transmit or otherwise interfere with any content that infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; you do not have the right to disseminate or transmit under law or contractual or fiduciary relationships; or, that contains another person’s personally identifiable information or including personal belonging to minors.

Copyright of all artistic works remain with the creative at all times and buyers may not reproduce purchased or non-purchased artworks without express permission from the original artist. 

LINKED SITES 

This website may contain hyperlinks to other third-party websites (Linked Sites) which are not controlled by Highness. These Linked Sites are provided for your convenience only and does not constitute an endorsement of any of these third-party sites, including the content or any products or services they may provide. Accessing Linked Sites is at your own risk; Highness is not responsible for any content available on Linked Sites or your reliance on any of the Linked Sites.

You may use links Highness’s website by permission and/or by clearly identifying your relationship with Highness. You may not use any of the Company’s trademarks without the Company’s express permission. You may not falsely imply an association with Highness or any of our represented creative clients. 

DISCLAIMER

YOUR ACCESS AND USE OF THIS WEBSITE AND THE CONTENT IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK. THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND THE CONTENT WILL BE AVAILABLE WITHOUT VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OR USE OF THE WEBSITE AND/OR THE CONTENT WILL NOT BE FREE OF INTERRUPTIONS, OR WILL NOT CONTAIN BUGS, ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE WEBSITE MAY BE UNAVAILABLE FROM TIME TO TIME.

LIMITATION OF LIABILITY & INDEMNITY

Highness and its officers, directors, employees and representatives will not be liable to you or any other party for any damages of any kind including, without limitation, damages based on contract, negligence or other legal basis, including without limitation, indirect, special, consequential or incidental damages, lost profits, business interruption or other damages arising directly or indirectly from your use of this website or the Content, including without limitation, your use or reliance on any information or other Content contained on this website; any delay or loss of use or access to this website; any inaccuracy or omission in any information or other Content contained on this website; and your use of or reliance on any Linked Sites.  These limitations apply even if the party liable (or allegedly liable) had been advised of the possibility of such damage or loss or if such damage or loss was foreseeable by the party liable (or allegedly liable).

You agree to indemnify, defend and hold harmless the Company and its affiliates and their respective directors, officers, employees and representatives from and against all losses, expenses, damages and costs (including actual lawyers’ fees and expenses) arising directly or indirectly from your violation of these Terms or from your use of this website.

You acknowledge that the Highness is making this website and the Content available to you in reliance upon your acceptance of the limitations and exclusions of liability and the disclaimers set out in these Terms and that the same form a contract between you and Highness. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THIS WEBSITE AND ITS CONTENT IS TO DISCONTINUE ALL USE OF THE WEBSITE. You agree that the limitations and disclaimers will survive and continue to apply in the case of a fundamental breach or breaches, the failure of an essential purpose of this contract, the failure of any remedy or the termination or suspension of your use of this website by the Company.

TERMINATION

If you breach any provision of these Terms, you may no longer use this website. Highness may, at any time, for any reason and without any prior notice or liability, change, suspend or terminate this website or any part of it or withdraw your permission to use this website. If these Terms or your permission to use this website is terminated for any reason, these Terms will nevertheless continue to apply and be binding upon you indefinitely in respect of your prior use of this website.

Accounts will be terminated, without prior notice, if used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-artistic / non-approved elements on external websites.

For e-commerce sites, profiles can be deleted upon the deletion or client accounts. 

PRIVACY

Our website does not collect a visitor’s personal information other than as is provided by you in accordance with our Privacy Protection Policy. Please review our Privacy Protection Policy for more information about how Highness collects, uses and discloses your personal information.

GENERAL

No information included herein shall be deemed to be incorporated by reference into any of Highness’s regulatory filings, unless expressly indicated in any such filings. In addition, no information shall be incorporated by reference into this website, unless otherwise specified.

These Terms, your access to and use of this website and Content, and any claims made in law or equity against the Highness or our directors, officers, employees and representatives arising out of such access and/or use or otherwise, are governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable, without regard to conflict of laws provisions.

If a court of competent jurisdiction finds any part of these Terms to be unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms.

The parties acknowledge that they have required the Agreement and all related documents to be prepared exclusively in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés exclusivement en anglais.

Highness reserves the right to refuse access or services in its sole discretion for any reason and at any time. 

CONTACT

If you have any questions or comments about these Terms, please feel free to contact us at [email protected] . The Content of this website is protected by copyright © on behalf of Highness Global Inc., Highness Global Capital Inc., Highness.art, and Highness Global Publishing House.  Certain trademarks, trade names and logos on this website are the exclusive property of Highness or other affiliates. All rights reserved.