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Digital HI Technology

Digital HI
Additional Terms and Conditions 

These Database, Application and E-Commerce Additional Terms of Service (“Digital HI Additional Terms”), as well as the General Terms of Service (“Terms”), apply to the Services, as that term is defined below, that Higher Images provides to its clients (“you”).

Any capitalized terms not defined in these Digital HI Additional Terms have the meanings given to them in the Terms of Service. In the event of a conflict between these Digital HI Additional Terms and the Terms, the provisions of the Terms control. 

1.  Digital HI Services. These Digital HI Additional Terms concern your access to and use of any Digital HI tools as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (the “Services”).

2.  Prohibited Activities. You may not access or use the Services for any purpose other than that for which Higher Images makes the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Higher Images.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Higher Images.
  • Trick, defraud, or mislead Images and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in Higher Images’s opinion, Higher Images and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or connected networks or services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Site, or any portion of the Services.
  • Copy or adapt the Services’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with Higher Images or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile. 

Termination for Breach .Higher Images reserves the right to terminate your access to the Services without notice if you breach any provision of these Digital HI Additional Terms, including but not limited to unauthorized use, violations of intellectual property rights, or failure to comply with applicable laws. Upon termination, you will lose access to all data and content stored on the Services.

3.  User Generated Contributions. Higher Images may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Higher Images or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). If any Contribution is made, in whole or in part, using artificial intelligence, you must prominently state so in connection with each such Contribution. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Higher Images Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Higher Images, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Digital HI Additional Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Digital HI Additional Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Higher Images, in its sole discretion).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Digital HI Additional Terms, or any applicable law or regulation.
  • Any use of the Services in violation of the foregoing violates these Digital HI Additional Terms and may result in, among other things, termination or suspension of your rights to use the Services.

4.  Contribution License. You agree that Higher Images may access, store, process, and use any information and personal data that you provide, pursuant to the terms of Higher Images’s Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that Higher Images can use and share such feedback for any purpose without compensation to you.

Higher Images does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Higher Images is not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate Higher Images from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

5.  Social Media. As part of the functionality of the Services, you may link your account with online accounts you have with third party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third Party Account login information through the Services; or (2) allowing Higher Images to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to Higher Images and/or grant Higher Images access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating Higher Images to pay any fees or making Higher Images subject to any usage limitations imposed by the third-party service provider of the Third Party Account. 

By granting Higher Images access to any Third-Party Accounts, you understand that (1) Higher Images may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) Higher Images may submit to and receive from your Third Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. 

Please note that if a Third-Party Account or associated service becomes unavailable or Higher Images’s access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. 

Higher Images makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Higher Images is not responsible for any Social Network Content. You acknowledge and agree that Higher Images may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting Higher Images or through your account settings (if applicable). Higher Images will attempt to delete any information stored on Higher Images servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

6.  Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to Higher Images are non-confidential and shall become Higher Images’s sole property. Higher Images shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

7.  Third Party Websites and Content. The Services may contain (or you may be sent via the Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Higher Images, and Higher Images is not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Higher Images. 

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Digital HI Additional Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Higher Images takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that Higher Images does not endorse the products or services offered on Third-Party Websites and you shall hold Higher Images harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Higher Images harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8.  U.S. Government Rights. These Services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If these Services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), these Services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If these Services are acquired by or on behalf of any agency within the Department of Defense, these Services are subject to the terms of these Digital HI Additional Terms in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Digital HI Additional Terms.

9.  Site Management. Higher Images reserves the right, but not the obligation, to: (1) monitor the Services for violations of these Digital HI Additional Terms; (2) take appropriate legal action against anyone who, in Higher Images’s sole discretion, violates the law or these Digital HI Additional Terms, including without limitation, reporting such user to law enforcement authorities; (3) in Higher Images’s sole discretion and without limitation refuse restrict access to limit the availability of or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in Higher Images’s sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Higher Images’s systems; and (5) otherwise manage the Services in a manner designed to protect Higher Images’s rights and property and to facilitate the proper functioning of the Services.