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We do not own, nor do We claim ownership of the content submitted to be included in and/or displayed on Your responsive website, mobile website or included/displayed in any other Service (as between you and us, “Your Content”). Your Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on any site you host via the Service. You are responsible for all of Your Content that is uploaded, posted, transmitted or otherwise made available via Our Services. We do not control Your Content or any Content You post via Our Services, and You are responsible for any such Content that may be lost or unrecoverable through use of the Services. You are responsible for archiving and backing up Your Content regularly and frequently.

Higher Images’ Services allow You to import or link certain Content hosted on third-party websites into the Services. This third-party Content isn’t owned by Higher Images, and thus if it is no longer available or accessible to a user, then those portions of Your creation that reference such third-party Content will not work.

The Services provide You with the ability to embed images, animations, videos, audio, fonts, and other Content owned or provided by You or other third parties into the Services. The use of such third-party Content shall be subject to the compliance with the provisions of these Terms and if applicable, the terms of use and/or end user license agreement provided by the third-party owning or providing the third-party Content.

Higher Images does not warrant that any Content embedded in a website, either generated via automatic import, or placed manually by You, is licensed for use in Your jurisdiction. You are responsible for ensuring You have the appropriate licenses, usage rights or meet the requirements for Fair Use, and/or other laws and rights in Your jurisdiction, that may be required for using any Content.

Through Our Services, we may provide certain Content that is subject to proprietary rights of third parties. Higher Images shall have the right, at any time, at is sole and exclusive discretion to remove such Third-Party Content from the Services and/or disable access to Third-Party Content.

The following restrictions apply to all images made available to You via the Service.

You shall not use any image:

  • except solely as incorporated into your responsive website, mobile website, Web Personalization created using the Service.
  • together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
  • portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
  • as a trademark, service mark, or logo.

Additional terms related to usage and licensing of images can be found here.

By using the Services, You may be exposed, and hereby assume all associated risks of being exposed, to Content that You may find offensive, indecent, harmful, inaccurate, deceptive or objectionable. Under no circumstances will We be liable for Your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.

Higher images shall have the right to disable the access to any content and/or delete it at its sole and exclusive discretion, with no liability to higher images, and you shall not be entitled to any reimbursement of any amount paid by you.

Disclaimers of all warranties

Higher images’ content, the site and the services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement.

Without limiting the above, (i) we make no warranty that the site, the services or the content will meet your requirements, or will be uninterrupted, continuous, timely, secure, accurate, correct, complete or availabile; (ii) we do not endorse or approve any content provided by any third-party or by you and disclaim all liablity whatsoever thereto; and (iii) we do not warrant or make any representations regarding the use or the results of this site, the services or the content in terms of its correctness, completeness, results, availability, accuracy, reliability or otherwise.

Limitation of liability

To the fullest extent permitted by law, under no circumstances shall we be liable for any direct or indirect, incidental, punitive, special, exemplary or consequential damages arising out of any (i) use or the inability (for any reason) to use any part of this site or the services (including without limitation the use of any content, inaccuracies or errors of information as a result of accessing this site or the services), (ii) action or inaction in connection with this agreement or for cost of procurement of substitute services, or (iii) statements or conduct of you or any third-partyon this site or your site or mobile website, including without limitation any submissions thereon; in each case, including but not limited to, damages for loss of profits, even if we have been advised of the possibility of such damages, whether based on contract, tort, negligence, strict liability or otherwise.

All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed the amount paid by You to Us pursuant to this Agreement.

Indemnification

You release, and agree, at your own expense, to indemnify, defend and hold harmless us, our officers, directors, employees, agents and affiliates, from all claims, liabilities, loss and damages (of every kind, whether known or unknown and suspected or unsuspected) related to in any way to: (i) your use of, access to or reliance on this site, the services or the content, (ii) your content, or (iii) your violation of any of the terms of this agreement or any applicable laws or regulations.

We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.

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