Welcome to High Note Magazine. By accessing the Site, you agree to abide by the terms and conditions below.
High Note is a student owned, operated, managed and edited online magazine. All references to “High Note” in these Terms refer to High Note Magazine and includes all its publishers, editors, designers and volunteers.
2. Content
High Note relies on its creator or volunteers for its content. All copyright, trade mark rights and other intellectual property rights in all articles, works, logos, marks, artwork, designs, and other content on this site are either owned by High Note or the respective third party creators and contributors. All rights are reserved by High Note and the Owners.
3. Use of Site & Content
You agree that you will:
(i) use the Site and the Content for your own personal use only, and not for any commercial purpose;
(ii) not reproduce, adapt, translate, publish, perform, communicate, transmit, broadcast, podcast, webcast, or exploit for any commercial or other purpose, any portion of the Site or any Content without the prior written permission of High Note and the applicable Owner;
(iii) comply with these Terms; and
(iv) indemnify High Note for any loss, damage, expense, liability or claims arising from your breach of the above provisions.
4. Terms of Publication
All works published by High Note are subject to the Terms of Publication.
5. Linking
High Note may provide hyperlinks on the Site to one or more external websites operated by third parties. Certain Third Party Sites also may provide links to this Site. High Note does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. The provision of any such links, whether by High Note or any third party, is not an endorsement by High Note of the Third Party Sites or any third party content.
6. Copyright Infringement
High Note respects the intellectual property of others, and asks all users of the Site to do the same. If you believe that your copyright has been infringed on the Site, you must send a written notice that includes the following information:
a. your name and address;
b. where you are acting on behalf of a copyright owner or an exclusive licensee, the name and address of the copyright owner or exclusive licensee;
c. where you are not resident in Winnipeg, your address for service in Winnipeg;
d. a telephone number, a facsimile number (if any) and an electronic mail address at which you can be contacted;
e. sufficient particulars to enable High Note to:
i. identify the material in respect of which copyright is alleged to have been infringed;
ii. identify and locate the User Content alleged to be an infringement of the Original Material referred to above, including the online location of that User Content;
f. a statement that you require High Note to remove or disable access to that Infringing Content;
g. a statement that you, in good faith, believe that the Infringing Content is an infringing copy of the Original Material;
h. a statement that the information in your notice is accurate;
i. a statement that you:
i. are the owner or exclusive licensee of the copyright in the Original Material; or
ii. are authorised to act on behalf of the owner or exclusive licensee of the copyright in the Original Material; and
j. a statement that you submit to the jurisdiction of the courts in Winnipeg for the purposes of any proceedings relating to your notice.
Your Infringement Notice must be sent to High Note at highnotemagazine@gmail.com.
High Note will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against HIgh Note in respect of any Infringing Content, unless you have first given High Note the Infringement Notice and sufficient opportunity to remove the Infringing Content, and thereafter High Note refuses or fails to remove the Infringing Content within a reasonable time. Where High Note removes the Infringing Content in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against High Note under applicable law which you may have in respect of any Infringing Content appearing on the Site prior to such removal by High Note.
You acknowledge and agree that High Note has no control over, and cannot undertake responsibility or liability in respect of Infringing Content appearing on Third Party Sites.
7. Disclaimer
You agree that your use of the Site and Content shall be at your sole risk. High Note disclaims all liability in relation to Content. While High Note writes, reviews and edits Content, it cannot verify, endorse, or assume responsibility for the reliability or accuracy of any Content. Please evaluate, verify and form your own judgments before relying on any Content.
No warranties are made by High Note in relation to the Site or any Content. To the extent permitted by law, all warranties implied by law in respect of the Site and Content are excluded by High Note. Without limiting the foregoing, High Note does not warrant or represent that:
(i) the Site’s Content or the content of any sites linked to the Site will be accurate, complete, or free of errors or mistakes;
(ii) use or access to the Site or Content will be timely, uninterrupted or error-free;
(iii) the Site or Content are free of viruses or other harmful components.
8. Limitation of Liability
High Note shall not be liable to you for any direct, indirect or consequential damages, losses, expenses, liabilities under any causes of action (whether in contract or tort) resulting from your use of or access to the Site or Content. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
You specifically acknowledge that High Note shall not be liable for any infringing, defamatory, offensive, or illegal Content or conduct of any third party, and that the risk of harm, damage or loss from the foregoing rests entirely with you.
The Site is controlled and offered by High Note from its facilities in Winnipeg. Those who access or use the Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.
9. Limitations on Actions
You agree that any cause of action arising out of or relating to these Terms, the Site or Content shall be commenced by you within one (1) year from the date of accrual of the cause of action. Failure by you to commence such action within this time shall be construed as a waiver by you of all your rights and remedies in relation to that cause of action.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Winnipeg, without giving effect to any principles of conflicts of law.