Terms And Conditions Of Use
Please review carefully these Terms and Conditions of Use (the Terms) before using the services offered by High Bar Journal (the Company, we, us, our).
These Terms govern your access to and use of the website located at https://highbarjournal.media/ and any related content and features (the Website). By accessing or using any part of the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, forming a legally binding agreement between you and the Company. If you do not agree to these Terms, you must not access or use the Website.
1. ACCEPTANCE OF TERMS
1.1 The provisions of these Terms govern the relationship between you and the Company, regarding your use of the Website, including all information, text, graphics, articles, images, and other materials made available on it (the Content).
1.2 These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail, except to the extent prohibited by the mandatory law of your country of residence.
1.3 Privacy Policy. Our Privacy Policy forms an integral part of these Terms and describes how we collect, use, and protect personal data. Please review it to understand our data practices. We may also post additional policies, supplemental terms, or notices on the Website from time to time, which are incorporated by reference and will apply to your use of the Website.
2. CHANGES TO THE TERMS AND THE WEBSITE
2.1 Changes to these Terms. We may update, modify, or remove portions of these Terms at our discretion, to the extent permitted by applicable law — for example, when we introduce or discontinue features, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances. Where required by law, we will notify you of such changes. Unless stated otherwise, we will indicate updates by revising the "Last Updated" date of these Terms, and the updated Terms take effect once posted on the Website. By continuing to use the Website after the updates become effective, you agree to the revised Terms; if you do not agree, you must stop using the Website.
2.2 Changes to the Website. We may update, change, suspend, or discontinue the Website (or any part, Content, or feature) at any time, without notice and without liability, including to develop, repair, or improve the Website, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances. Some features may not be available in all countries or languages.
3. USE OF THE WEBSITE
3.1 Ownership and Intellectual Property. The Website, including its Content, software, logos, and trademarks, remains the exclusive property of the Company or its licensors. Your use of the Website does not grant you any intellectual property rights beyond what is expressly stated in these Terms. You may not copy, modify, distribute, sell, republish, or reverse-engineer any portion of the Website or Content unless expressly permitted by us or by applicable law.
3.2 Licence to Use the Website. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Website and its Content for your personal, non-commercial use. This licence does not permit any sublicensing, resale, systematic retrieval, modification, or unauthorized use. Any breach of these Terms may result in the immediate suspension or termination of your access to the Website.
3.3 Age Restriction. The Website is intended for users aged 18 and older. By using the Website or subscribing to our newsletter, you confirm that you are at least 18 years old and have the legal capacity to enter into and comply with these Terms. If you are under 18, you must have the permission of, and be directly supervised by, your parent or guardian to use the Website, and you must have your parent or guardian read and agree to these Terms prior to you using the Website.
3.4 Prohibited Conduct. You agree not to:
(a) collect, scrape, or systematically retrieve Content to create a database, compilation, or directory without our express permission;
(b) use the Website for any unlawful, fraudulent, or unauthorized purpose;
(c) access the Website through automated or non-human means, including bots, scripts, or scrapers, except for legitimate search-engine indexing;
(d) decompile, disassemble, reverse-engineer, or otherwise attempt to access the source code of any part of the Website;
(e) circumvent, disable, or interfere with the security features of the Website;
(f) upload, transmit, or distribute malware, viruses, or other harmful software;
(g) interfere with or disrupt the Website, its networks or servers, or place an undue burden on our infrastructure;
(h) frame, embed, or link to the Website in a misleading manner or without authorization; or
(i) use the Website in violation of any applicable law or these Terms.
Violation of this Section may result in the immediate suspension or termination of your access to the Website, as well as legal consequences.
3.5 Feedback. If you send us feedback, suggestions, or ideas about the Website, you agree that we may use them without restriction and without obligation to you, and you waive any claim that such use infringes your rights, to the extent permitted by applicable law.
4. NEWSLETTER AND COMMUNICATIONS
4.1 Subscription. The Website allows you to subscribe to our newsletter by voluntarily providing your email address through the subscription form. By subscribing, you consent to receive Content published on our media channels, together with announcements about our events and activities. Subscription is free of charge.
4.2 Unsubscribing. You may withdraw your consent and unsubscribe at any time, at no cost, by using the unsubscribe link included in each message or by contacting us at [email protected]. Withdrawing your consent does not affect the lawfulness of any processing carried out before the withdrawal.
4.3 No Payment. The Website and the newsletter are provided free of charge. We do not sell subscriptions, process payments, or offer paid products or services through the Website.
5. THIRD-PARTY LINKS, EMBEDDED CONTENT, AND ADVERTISING
5.1 The Website may contain links to, or display Content from, third-party websites, services, and platforms (Third-Party Services and Third-Party Materials), including embedded posts, media players, and social-media widgets. When such embedded content loads, your browser may interact directly with those third parties.
5.2 No Endorsement or Responsibility. We do not control and do not assume responsibility for the content, functionality, accuracy, or policies of any Third-Party Services or Third-Party Materials, and their inclusion does not imply endorsement. Any interaction, transaction, or agreement between you and a third party is solely between you and that third party.
5.3 Advertising. We may occasionally include advertisements, sponsored content, or references to third parties in our Content, newsletter, or channels. Engaging with such content is at your own risk.
5.4 It is your responsibility to review and comply with the terms and privacy practices of any Third-Party Services before using them. We disclaim any liability for how third parties collect, process, or use your data.
6. DISCLAIMER OF WARRANTIES
6.1 To the fullest extent permitted by law, the Website and all Content are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability of Content. We do not warrant that the Website will be uninterrupted, secure, or error-free, or that the Content will be accurate, complete, or up to date.
6.2 No Professional Advice. The Content is provided for general informational and editorial purposes only and does not constitute professional financial, legal, medical, or other specialized advice. Any decisions you make based on the Content are your sole responsibility. If you require professional advice, you should consult a qualified specialist.
6.3 Non-Waivable Rights. Nothing in these Terms excludes or limits any consumer rights that cannot be waived or limited under the applicable law of your country of residence. Where you are entitled to statutory rights, those rights remain unaffected by this Section.
7. LIMITATION OF LIABILITY
7.1 To the maximum extent permitted by law, we (including our affiliates, officers, employees, agents, partners, and licensors) shall not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Website or Content, even if we have been advised of the possibility of such damages.
7.2 Aggregate Liability. Notwithstanding anything to the contrary in these Terms, and given that the Website is provided free of charge, our total aggregate liability to you for any claims arising out of or related to your use of the Website or Content shall not exceed one hundred euro (€100).
7.3 Exceptions. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations or exclusions of liability; to the extent any part of this Section is found unenforceable, the remaining limitations shall still apply to the maximum extent permitted, and additional consumer rights may apply depending on your jurisdiction.
8. INDEMNIFICATION
To the extent permitted by applicable law, and except where prohibited in respect of consumers under the mandatory law of your country of residence, you agree to indemnify and hold harmless the Company and its affiliates, officers, employees, and agents from and against any losses, damages, liabilities, claims, and reasonable costs arising directly from: (a) your breach of these Terms; (b) your unlawful use of the Website; or (c) your violation of any applicable law or third-party rights in connection with your use of the Website.
9. INTERNATIONAL USE
We make no representation that the Website is appropriate or available for use in all locations. You access the Website at your own initiative and are responsible for compliance with applicable local laws. Access to the Website is prohibited from any territory where such access would be unlawful.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1 Informal Dispute Resolution (Contact Us First). We want to resolve your concerns without the need for formal proceedings. Before commencing any court proceedings, you agree to first send us a written notice of the dispute (the Notice). The Notice must be individualised (it may concern only your own dispute) and must include: (i) your name and contact details (email and, where relevant, postal address); (ii) a detailed description of the dispute and the events giving rise to it, including any information that helps us identify you; and (iii) a description of the relief or outcome you are seeking. You must send the Notice to [email protected] (Attention: Legal). If we need to send you a Notice, we will use the contact details we hold for you.
10.2 Good-Faith Negotiation and Video Conference. After a Notice is received, you and we agree to engage in good-faith efforts to resolve the dispute through informal negotiation for a period of sixty (60) days, which may be extended by mutual agreement. As part of this process, you and we agree to attend at least one individualised video conference (the Video Conference) to attempt to resolve the dispute. The Video Conference may be held via Zoom, Microsoft Teams, or another platform that you and we agree on. If you are represented by a lawyer, your lawyer may also attend, but you are still required to attend and participate in good faith; the Company will attend through one or more of its representatives. If you are unable to attend by video, you may attend by telephone upon confirming in writing that circumstances prevent you from appearing by video. If the dispute is not resolved within the 60-day period (or any agreed extension), either party may commence court proceedings.
10.3 Effect of this Section. Completion of the informal dispute resolution process described in this Section (including the Video Conference) is a precondition to commencing court proceedings, save that nothing in this Section: (a) prevents either party from seeking urgent injunctive or other equitable relief from a competent court (including in respect of intellectual-property or security matters); (b) deprives you of, delays, or limits any mandatory statutory right, including your right to bring proceedings within any applicable limitation period or to lodge a complaint with a competent supervisory or consumer-protection authority; or (c) applies to the extent it would deprive you, as a consumer, of a right that cannot be waived under the mandatory law of your country of residence.
10.4 Governing Law. These Terms, the Website, and any dispute between you and the Company shall be governed by the laws of England and Wales, excluding its conflict-of-law provisions, without prejudice to (i) the mandatory consumer-protection rights referred to in Section 10.5., and (ii) any mandatory provisions of the law of your country of habitual residence that cannot be derogated from by agreement.
10.5 Consumer Rights and Competent Courts. Nothing in these Terms deprives you of the consumer-protection rights granted by the mandatory laws of your country of habitual residence, including, where applicable, the mandatory rules of Ukrainian law or of the European Union and its Member States. You may bring proceedings in the competent courts of your country of habitual residence, and those courts shall have jurisdiction; the Company will bring proceedings against you only in the courts of your country of habitual residence.
10.6 Complaints and Alternative Dispute Resolution. If you have a complaint, please contact us first at [email protected] so that we can try to resolve it. If you are a consumer resident in the EEA and we do not resolve your complaint to your satisfaction, you may be entitled to refer the dispute to an alternative dispute resolution (ADR) entity. A list of certified consumer dispute-resolution bodies is available on the European Commission's consumer-redress website (consumer-redress.ec.europa.eu/dispute-resolution-bodies). We are not obliged to, and do not undertake to, use any ADR scheme unless required by applicable law.
(a) We are not obliged to participate in, and do not undertake to use, any alternative dispute resolution (ADR) scheme, unless required by applicable law.
(b) If you are a consumer resident in the European Union or the European Economic Area and we do not resolve your complaint to your satisfaction, you may be entitled to refer the dispute to a certified ADR entity in your country. A list of certified consumer dispute-resolution bodies is available on the European Commission's consumer-redress website (consumer-redress.ec.europa.eu/dispute-resolution-bodies).
(c) If you are a consumer resident in Ukraine, you may contact the State Service of Ukraine on Food Safety and Consumer Protection (Держпродспоживслужба) and, where available, use the out-of-court consumer dispute-resolution procedure under the Law of Ukraine “On Protection of Consumer Rights”.
(d) In each case, your statutory right to bring proceedings before the competent courts of your country of habitual residence remains unaffected.
11. LIMITATION ON CLAIMS PERIOD
To the extent permitted by applicable law, and except where the mandatory law of your country of residence provides for a longer period, any claim or cause of action arising from or related to your use of the Website or these Terms must be brought within one (1) year from the date the claim or cause of action first arose; otherwise, it shall be permanently barred.
12. MISCELLANEOUS
12.1 Waiver. No failure or delay by the Company in exercising any right under these Terms shall be deemed a waiver of that right, nor shall any partial exercise prevent the further enforcement of that or any other right.
12.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of these Terms shall remain in full force and effect, and the invalid provision shall be modified or replaced to the minimum extent necessary to make it valid and enforceable while maintaining the parties’ intent.
12.3 Entire Agreement. These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding the Website and supersede all prior agreements, understandings, and representations on that subject.
12.4 Assignment. We may assign or transfer our rights and obligations under these Terms to another entity, including through merger, acquisition, or corporate restructuring. You may not assign your rights or obligations under these Terms without our prior written consent.
12.5 Electronic Communications. All communications between you and the Company may be conducted electronically. You agree that electronic communications, including emails and notices posted on the Website, satisfy any legal requirement that such communications be in writing.
12.6 Third-Party Providers. We use third-party providers to facilitate operational and technical functions, including hosting, email delivery, analytics, and security. By using the Website, you acknowledge that such providers may assist in delivering the Website.
12.7 Force Majeure. We shall not be liable for any failure or delay in performance arising from circumstances beyond our reasonable control, including force majeure events, legal or regulatory changes, cyberattacks, or unforeseen operational disruptions.
13. CONTACT INFORMATION
For any questions, requests, or complaints regarding the Website or these Terms, you may contact us at [email protected].
By continuing to use the Website, you acknowledge that you have read, understood, and agreed to these Terms in their entirety.
