Updated December 30, 2016
Your continued use of the App constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by High There! .
The term ‘highthere.com’ or ‘us’ or ‘we’ refers to the owner of the App. The term ‘you’ refers to the user or viewer of our App.
Use the App at your own risk. This App is provided to you “as is,” without warranty of any kind either express or implied. Neither High There! nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the App or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the App on behalf of High There! High There! reserves the right to change or discontinue at any time any aspect or feature of the App.
You must be 18 or older to use the site.
Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or have a High There! account. You may terminate your account at any time, for any reason, by following the instructions in the Service. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in App purchases. After your account is terminated, this Agreement will terminate, except as regards rights to and disclosures of information available to either party from the other.
Exclusion of Liability
The content of the pages of this App is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
Your use of any information or materials on this App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this App meet your specific requirements.
This App contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trade marks reproduced in this App which are not the property of, or licensed to, the operator are acknowledged on the App.
Unauthorized use of this App may give rise to a claim for damages and/or be a criminal offense.
You are solely responsible for maintaining the confidentiality of your logins. You are responsible for any content, including images or videos, that you post to the App. While we reserve the right to monitor any or all content posted to the app, and to remove content (in whole or in part) which we feel is detrimental to the App or the community, we are not responsible for the content posted by any user. Content posted to the App by users should not to taken as agreed to, approved, or
endorsed by High There!. High There! likewise is not responsible or liable for the conduct of any user. While we reserve the right to moderate our community, we have no obligation to do so. High There! and its employees and affiliates are not liable for any harm, loss, or detriment, direct or indirect, caused by the behavior, content, or actions of any user.
You are solely responsible for your own conduct and content when using the App. We explicitly prohibit posting harmful or illegal content to our App, including but not limited to content that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to defraud, other users of the Service;
- spams or solicits High There’s users;
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or -providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside -information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission.We reserve the right to investigate, suspend, and/or terminate your account if you use the App for illegal or harmful purposes, including but not limited to using the App to:
- impersonate any person or entity;
- solicit money from any users;
- post any Content that is prohibited by Section above;
- “stalk” or otherwise harass any person;
- express or imply that any statements you make are endorsed by the Company without our specific prior written consent;
- use the Service in an illegal manner or to commit an illegal act;
- access the Service in a jurisdiction in which it is illegal or unauthorized;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
- interfere with or disrupt the Service or the servers or networks connected to the Service;
- transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the -functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either -directly or indirectly through use of third party software);
- “frame” or “mirror” any part of the Service, without the Company’s prior written authorization;
- use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or -slogan of the Company) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so; or
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.From time to time this App may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Except for material in the public domain under United States copyright law, all material contained on the App (including all software, HTML code, Java Applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the App without the prior consent of the copyright owner. The Service is for personal use only.
None of the material contained on High There! may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of High There! . Violation of this provision may result in severe civil and criminal penalties.
Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the
Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Palm Beach County Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
For users residing in the European Union, Norway or elsewhere where this arbitration agreement is prohibited by law, the laws of Florida, U.S.A., excluding Florida’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Palm Beach County Florida, USA, and you and High There consent to personal jurisdiction in those courts.
your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.