Terms of Use

Welcome to highlandsstreetfair.com, Highlands Street Fair’s website (the “Site”). These terms of use (“Site Terms”) impose conditions on your access to this Site, and any use you make of it. They do not alter in any way the terms or conditions of any other agreement you may have with the Highland Merchant Association or its subsidiaries or affiliates for other services.

Except as supplemented or superseded as described herein, these general terms of use for highlandsstreetfair.com apply to the entire network of Highland Merchant Association’s Sites including, but not limited to the websites of Highland Merchant Association’s subsidiaries and affiliates, and control your use thereof.

Highland Merchant Association reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

 

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Questions or comments about this Site or its content should be directed to the Highland Merchant Association.

INCORPORATED POLICIES

Privacy Policy. The Highland Merchant Association believes strongly in protecting individual user privacy and providing you notice of Highland Merchant Association’s collection and use of data, including personally identifying information collected from the Site.  Therefore, the Highland Merchant Association has adopted a Privacy Policy that you should review in order to fully understand how the Highland Merchant Association collects and uses information.

SITE LICENSE AND ACCESS

The Highland Merchant Association grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any service listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Highland Merchant Association or any third party.

You may not use, frame or utilize framing techniques to enclose any Highlands Street Fair trademark, logo or other copyrighted information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the Highland Merchant Association’s express written consent with the exception of the commercial images and videos provided on the Site Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Further, you may not use any meta tags or any other “hidden text” utilizing the Highlands Street Fair name, trademark, or product name without the Highland Merchant Association’s express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.

COPYRIGHT

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by the Highland Merchant Association. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Highland Merchant Association or the respective copyright owner with the exception of the commercial images and videos provided on the Site Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of the Highland Merchant Association or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

COPYRIGHT COMPLAINTS

Highland Merchant Association respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide the Highland Merchant Association the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim had been infringed upon;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

TRADEMARKS AND SERVICE MARKS

Highlands Street Fair trademarks and logos hereafter referred to collectively as “Highlands Street Fair Marks” and as to Logos only as “Logo or Logos” are the cornerstone of the company and instrumental in building and sustaining a strong image of the company’s brand. Information found below provides guidelines for Highlands Street Fair Marks and Logos.

Highlands Street Fair Marks and Logos may not be copied, imitated or used, in whole or in part, without the prior written permission of the Highland Merchant Association with the exception of the commercial images and videos provided on the Site Media Resources the use of which is subject to the express terms and conditions pertaining thereto.

Highlands Street Fair Marks and Logos should be fully, clearly and legibly reproduced.

Highlands Street Fair Marks and Logos should be depicted in their entirety, without modification or abbreviation. No attempt should be made to alter, revise or recreate these logos in any manner whatsoever including, but not limited to, changes in color, proportion, design, or removal of any words or trademark symbols. Any variation requires approval of the Highland Merchant Association.

EXAMPLES

Highlands Street Fair – Correct

Highlands Fair – Incorrect

The Fair of Highlands Street – Incorrect

Other business(es) trademarks, logos, projects or organization names should not be incorporated into Highlands Street Fair  Marks or Logos unless the Highland Merchant Association has provided approval to do so.

Highlands Street Fair Marks and Logos shall not be used (i) in any manner inconsistent with these guidelines, (ii) in any way which is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or (iii) in any way that could give rise to any civil or criminal liability under the law or otherwise diminish the goodwill and integrity of the Highlands Street Fair or the Highland Merchant Association.

Highlands Street Fair Marks may never be used in a manner that would disparage Highlands Street Fair or its products or services.

Highlands Street Fair Marks may not be translated into another language or changed into another character set without the prior approval of the Highland Merchant Association.

Highlands Street Fair Marks and Logos may not be used to endorse or promote third parties, others’ goods or services, political campaigns or promotion of political causes, or for organizations and programs not directly sponsored by the Highland Merchant Association, without the written permission of the Highland Merchant Association.

All uses of Highlands Street Fair Marks or Logos in marketing, advertising, product sheets, collateral materials, website, social media, other digital media applications or promotional items should be approved by the Highland Merchant Association prior to such use. Social media shall mean online or internet communications, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, as well as personal websites, weblogs (blogs), and vlogs (video blogs).

The Logos must never be used as a substitute for the corporate name, “Highlands Street Fair” in text in documents.

Any approved use of Highlands Street Fair Marks or Logos on websites must always include a link to highlandsstreetfair.com.

All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Highlands Street Fair Marks is subject to prior approval, and should be addressed to the Highland Merchant Association.

LINKING

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Highlands Street Fair or any of its services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Highlands Street Fair logo or other proprietary graphic or trademark of Highlands Street Fair to link to this Site without the express written permission of the Highland Merchant Association. This limited right may be revoked at any time.

Third-Party Links. The Highland Merchant Association makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of the Highland Merchant Association and the Highland Merchant Association is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. The Highland Merchant Association is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Highland Merchant Association of the site or any information contained therein. When leaving the Highlands Street Fair Site, you should be aware that the Highland Merchant Association’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy data gathering practices, of that site.

PRESS RELEASES

The information contained within the press releases issued by the Highland Merchant Association should not be deemed accurate or current except as of the date the release was posted. The Highland Merchant Association has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

DISCLAIMERS

“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. THE HIGHLAND MERCHANT ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. THE HIGHLAND MERCHANT ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE HIGHLAND MERCHANT ASSOCIATION IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE THE HIGHLAND MERCHANT ASSOCIATION ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, THE HIGHLAND MERCHANT ASSOCIATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Highland Merchant Association reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Highland Merchant Association.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE HIGHLAND MERCHANT ASSOCIATION BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HIGHLAND MERCHANT ASSOCIATION (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE HIGHLAND MERCHANT ASSOCIATION’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID THE HIGHLAND MERCHANT ASSOCIATION, WHICHEVER IS LESS.

Certain laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusion, or limitations, may not apply to you, and you may have additional rights to those contained herein.

APPLICABLE LAW AND VENUE

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Colorado without regarding to conflict of law principles. Exclusive jurisdiction for any litigation arising out of these terms and conditions or its subject matter shall be in County of Denver, State of Colorado.

TERMINATION

Notwithstanding any of these terms and conditions, the Highland Merchant Association reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.

SEVERABILITY

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

SOCIAL MEDIA

Our social media pages/channels, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube (“Sites”) are a place for you to learn more about the Highlands Street Fair. Neither the Highland Merchant Association nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. The Highland Merchant Association does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims or advice shared by Highlands Street Fair fans.

The Highland Merchant Association does not condone or allow use of social media community space for content not related to the Highlands Street Fair. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that the Highland Merchant Association may deem inappropriate.

The Highland Merchant Association reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you have decided to visit our social media pages/channels on these Sites you should also be aware and familiarize yourself with the site owner’s terms of service as posted on the sites.

WEB ACCESSIBILITY

The Highland Merchant Association is committed to making the electronic communications we deploy accessible to individuals with disabilities. The Highland Merchant Association’s work on accessible design is continuous and we welcome feedback on improving the accessibility features of our site. It is our commitment to provide files in accessible formats. If you need to request an alternative version of information posted on this site, please contact us and provide as much information as you can about the content, its location, and your specific needs.