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DEFINITIONS

General

"Account" means your rights and obligations under this Agreement associated with a particular account you use to access the High Fidelity Platform.

"Agreement" means these Terms of Service and any other terms referenced in this Agreement.

"High Fidelity" means High Fidelity, Inc., a Delaware corporation, and is sometimes referred to as 'us', 'we', or 'our'.

"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.

"High Fidelity Software" is the software licensed to you by High Fidelity, including but not limited to the software for creating a Server, software for accessing the High Fidelity Platform software for accessing High Fidelity Services, and any related application program interfaces (the "APIs").

Content

"Content" means any works of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features.

"User Content" means any Content that a user has created, uploaded, published, or submitted to or through the High Fidelity Platform.

"High Fidelity Content" refers to any Content created or provided by High Fidelity.

Services

"High Fidelity Service(s)" are the services hosted by High Fidelity, and include the High Fidelity Account and Identity Service(s), the High Fidelity Marketplace Service(s), the High Fidelity Placename Service(s), and such additional services as may be introduced by High Fidelity from time to time.

"High Fidelity Account and Identity Service(s)" are the account and identify services hosted by High Fidelity as a part of the High Fidelity Services.

"High Fidelity Marketplace Service(s)" is the marketplace service hosted by High Fidelity as a part of the High Fidelity Services, and includes the High Fidelity Proof of Provenance (PoP) certification service and the provisioning of High Fidelity Coin (HFC) and use thereof in connection with the High Fidelity Marketplace Service.

"High Fidelity Placename Service(s)" is the placename service hosted by High Fidelity as a part of the High Fidelity Services.

Platform

"Server(s)" are instances of online environments created with High Fidelity Software, including without limitation, the associated computation, data storage, software access, messaging and protocols.

"User Server(s)" are the Servers created and managed by users of the High Fidelity Platform.

"High Fidelity Server(s)" are the Servers created, hosted, and managed by High Fidelity.

"High Fidelity Domain(s)" are the High Fidelity Servers and Content hosted thereon. High Fidelity Domains do not include User Servers, whether hosted by High Fidelity or otherwise.

"High Fidelity Independent Implementations " are the High Fidelity Servers and/or User Servers, and private Content hosted thereon which are specifically licensed as a part or High Fidelity’s Independent Implementation Program.

"High Fidelity Platform" means the High Fidelity Domains, together with Users Servers and User Content.

Terms of Service for High Fidelity Domains

These Terms of Service for High Fidelity Domains are applicable only when you access or use High Fidelity Domains (content hosted by High Fidelity - see definitions above). HIGH FIDELITY IS NOT RESPONSIBLE OR LIABLE FOR ANY ASPECT OF THE HIGH FIDELITY PLATFORM THAT IS NOT HOSTED, DISTRIBUTED, PROVIDED OR MAINTAINED BY HIGH FIDELITY. High Fidelity Independent Implementations are not considered High Fidelity Domains and are not subject to the terms of this Subsection regarding High Fidelity Domains.

1. USER CONDUCT

Users of High Fidelity Domains agree to abide by certain rules of conduct. You are solely responsible for your interaction with other users of the High Fidelity Platform, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but not the obligation, to monitor or become involved in disputes between you and other users.

Prohibited Conduct

You agree that you will not:

  • Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor;
  • Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors;
  • Conduct or host any activity that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;
  • Conduct or host any activity that is obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Conduct or host any activity that is obscene; or
  • Conduct or host any activity that is in the nature of wagering, betting or gambling, or otherwise provide a payout based on the occurrence of a random, fictional, or actual event.
  • Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the High Fidelity Platform or interests or rights of other users, or that may harvest or collect any data or information about other users without their consent;
  • Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that High Fidelity considers to be of such nature;
  • Interfere or engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of the High Fidelity Platform;
  • Use any cheats, mods, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any activity that may be offered on the High Fidelity Platform, or to otherwise disrupt or modify the High Fidelity Services or the experience of any users on the High Fidelity Platform;
  • Attempt to gain unauthorized access to any other user's Account, password or Content;
  • If you are an adult, you may not impersonate a minor for the purpose of interacting with a minor, or stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors, or attempt to contact or meet with such minor outside the High Fidelity Platform, including without limitation electronically or physically; or
  • You may not post, display or transmit any material, object or text that encourages, represents, or facilitates sexual "age play," i.e., using child-like avatars in a sexualized manner.

Any violation by you of the terms of this Section may result in immediate termination of your Account and/or denial of access to a High Fidelity Domain without any refund or other compensation.

You understand and agree that we may report any and all the above incidents, and any and all of your corresponding personal information, to any authorities we deem appropriate, whether or not it in and of itself violates the law of your (or any) jurisdiction.

2. CONTENT RESTRICTIONS

You are solely responsible for your interaction with User Content. We are not responsible or liable for the content of any user. We reserve the right, but not the obligation, to monitor or become involved in disputes between you and other users.

Prohibited Conduct

You agree that you will not, on High Fidelity Domains:

  • Post, display, or transmit Content that violates any law or the rights of any third party, including without limitation Intellectual Property Rights. We reserve the right to request at any time proof of permissions in a form acceptable to us. Failure to provide such proof may lead to, among other things, removal of such Content from High Fidelity Domains;
  • Post, display, or transmit Content (including any communication(s) with employees of High Fidelity) that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;
  • Post, display, or transmit Content that is obscene, hateful, or racially, ethnically or similarly objectionable;
  • Post, display or transmit any Content that is obscene; or
  • Post, display or transmit any Content that is in the nature of wagering, betting or gambling, or otherwise provide a payout based on the occurrence of a random, fictional, or actual event.

Any violation by you of the terms of this Section may result in immediate termination of your Account and/or removal of your Content without any refund or other compensation.

3. CONTENT RIGHTS

High Fidelity may now or in the future offer users of High Fidelity Domains the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit Content (collectively, "submit"). Each time you submit any User Content to High Fidelity Domains, you represent and warrant that (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant High Fidelity and Users of the High Fidelity Platform the rights to it that you are granting under this Agreement, all without any High Fidelity obligation to obtain consent of any third party and without creating any obligation or liability of High Fidelity; (b) the User Content does not and, as to High Fidelity's permitted uses and exploitation set forth in this Policy, will not infringe any intellectual property or other right of any third party; and (c) the User Content will not violate the terms of this Policy, or cause injury or harm to any person.

You understand and acknowledge that High Fidelity Domains are a public forum and User Content that you submit will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account, you should not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information).

Except as otherwise described in our Privacy Policy, you agree that (i) your User Content will be treated as non-confidential and nonproprietary, and (ii) High Fidelity does not assume any obligation of any kind to you or any third party with respect to your User Content apart from the obligation to comply with these terms and High Fidelity's Privacy Policy, where applicable.

You agree that you will not publish, or submit to High Fidelity Domains, any Content that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content.

You acknowledge that Content is provided or made available to you under license from High Fidelity and independent Content providers, including other users of High Fidelity Domains ("Content Providers").

High Fidelity and other Content Providers may use Proof of Providence Certificates to indicate how you may use, reproduce, distribute, prepare derivative works of, display, or perform their respective Content.

You copy and use Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights and/or the rights granted under the applicable Proof of Providence Certificate. You agree that High Fidelity will have no liability for, and you agree, to the extent you place or manage content on High Fidelity Domains, to defend, indemnify, and hold High Fidelity harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.

License Grant from High Fidelity

High Fidelity hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, personal, revocable license to access and use High Fidelity Domains on any manner of hardware and equipment (each a "Device") as set forth herein unless and until such rights may be terminated as provided in this Agreement.

High Fidelity provides access to High Fidelity Content and hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the High Fidelity Content solely on the High Fidelity Platform. To be clear, and without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display or perform any High Fidelity Content, whether modified by you or not, outside the High Fidelity Platform, except as expressly agreed upon in a written agreement with High Fidelity. The foregoing license is referred to as a "High Fidelity Content License." You acknowledge that when you receive a High Fidelity Content License you do not acquire ownership of any copies of the Content, or transfer of any copyright or other intellectual property rights in the Content. Where High Fidelity Content is distributed in connection with a Proof of Providence Certificate, the license of that certificate will govern as the High Fidelity Content License with respect to such Content.

License Grant to High Fidelity

You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to High Fidelity Domains, subject to the rights, licenses, and other terms of this Policy, including any underlying rights of other users or High Fidelity in Content that you may use or modify.

In connection with Content you upload, publish, and submit to High Fidelity Domains, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize High Fidelity and users of the High Fidelity Platform to use the Content in the ordinary operation of the High Fidelity Platform.

Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that High Fidelity cannot do so on your behalf.

Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted herein.

You hereby grant to High Fidelity the non-exclusive, worldwide, irrevocable, royalty-free license to use, copy, distribute, reproduce, display, on High Fidelity Domains, all or any portion of your User Content (and derivative works thereof), solely for the purpose of operating High Fidelity Domains and the uses for which it is intended. You agree that the license includes the right to copy, analyze and use any of your Content as High Fidelity may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with High Fidelity Software and future improvements to High Fidelity Software. 

High Fidelity has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at High Fidelity's cost and expense, to which you hereby consent and irrevocably appoint High Fidelity as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

License Grant to Other Users

You agree that by uploading, publishing, or submitting any Content on the High Fidelity Domains, you hereby grant other users a non-exclusive license to access the User Content through High Fidelity Domains, and to use, display, and perform the Content on High Fidelity Domains as permitted by you through your interactions with High Fidelity Domains The license granted in this Section is referred to as the "User Content License." Where Content is distributed in connection with a Proof of Providence Certificate, the license of that certificate will govern as the User Content License with respect to such Content.

You acknowledge that when you receive a User Content License you receive only licensing and use rights: You therefore do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content.

You agree that by uploading, publishing, or submitting any Content to any publicly accessible areas of High Fidelity Domains, you hereby grant High Fidelity and other Users a nonexclusive, worldwide, royalty-free, sub licensable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media. The foregoing license is referred to as the "Snapshot and Machinima Content License." You hereby release and discharge High Fidelity, and its agents, representatives and assignees from any and all claims and demands arising out of or in connection with the Snapshot and Machinima Content License, including any and all claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation.

Loss of Rights

You should ensure that you have only stored Content on High Fidelity Domains to which you are willing to permanently lose access. You acknowledge and assume the risk of the possibility of termination of your access as provided in this Agreement, and you represent that you will make your decisions to participate in on High Fidelity Domains, contribute Content, spend your money and dispose of transferable licenses at all times knowingly based upon these risks.

Terms of Service for High Fidelity Independent Implementations

These Terms of Service for High Fidelity Independent Implementations are applicable only to users of High Fidelity Independent Implementations (see definitions above).

License Grant from High Fidelity

High Fidelity hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, personal, revocable license to access and use your High Fidelity Independent Implementation on any manner of hardware and equipment (each a "Device") as set forth herein for the period paid for or if no such period is agreed then until terminated at the discretion of High Fidelity, or as otherwise terminated as provided in this Agreement.

High Fidelity provides access to High Fidelity Content and hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the High Fidelity Content solely on the High Fidelity Platform. To be clear, and without limiting the foregoing, you may not use, reproduce, distribute, prepare derivative works of, display or perform any High Fidelity Content, whether modified by you or not, outside the High Fidelity Platform, except as expressly agreed upon in a written agreement with High Fidelity. The foregoing license is referred to as a "High Fidelity Content License for Independent Implementations." You acknowledge that when you receive a High Fidelity Content License for Independent Implementations you do not acquire ownership of any copies of the Content, or transfer of any copyright or other intellectual property rights in the Content. Where High Fidelity Content is distributed in connection with a Proof of Providence Certificate, the license of that certificate will govern as the High Fidelity Content License for Independent Implementations with respect to such Content.

License Grant to High Fidelity

You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to your High Fidelity Independent Implementation, subject to the rights, licenses, and other terms of this Policy.

In connection with Content you upload, publish, and submit to your High Fidelity Independent Implementation, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize High Fidelity and users that you authorize to use your High Fidelity Independent Implementations to use the Content in the ordinary operation of the High Fidelity Platform.

You hereby grant to High Fidelity the non-exclusive, worldwide, irrevocable, royalty-free license to use, copy, distribute, reproduce, display, on your High Fidelity Independent Implementations, your User Content (and derivative works thereof), solely for the purpose of operating your High Fidelity Independent Implementation. You agree that the license includes the right to copy, analyze and use any of your Content as High Fidelity may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with your High Fidelity Independent Implementation and future improvements to High Fidelity Software.

Terms of Service for Account and Identity Services

By accessing or otherwise using High Fidelity Account and Identity Services, you agree to and accept these terms. If you do not agree to these terms, you are prohibited from accessing or using High Fidelity Account and Identity Services.

1. USERNAMES

You must choose a username (your "Username") to use High Fidelity's Registration Services. You may not use a Username that High Fidelity has reserved; that High Fidelity determines may cause deception or confusion; that may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or that can be considered vulgar, offensive, or otherwise inappropriate. High Fidelity reserves the right to delete or change any Username in the exercise of its sole and absolute discretion, and will have no liability regarding the use, modification, or deletion of any Username.

You are solely responsible for all activities conducted through your Account whether or not you authorize the activity (except to the extent that activities occur by someone who gains access to your Account and/or the Services without using your Username and password). You are responsible for activities undertaken by or on behalf of your Account, and for keeping your password for your Account(s) secure. You may not use your Account for fraudulent or illegal activities. In the event that conduct that violates this Agreement is discovered that is associated with your Account, we may terminate your Account (or Accounts) in our discretion.

The information you provide to establish your Account must be current, true and correct. You are required to update your Account information promptly upon any change. You may not sell, transfer or assign your Account to any third party or permit another individual to access your Account using your credentials, without the prior written consent of High Fidelity.

You may associate an avatar with your account. To the extent you use High Fidelity Content for all or any part of your avatar, use of that High Fidelity Content is governed by the Content Rights Section of the High Fidelity User Content and Conduct Policy. Certain High Fidelity Content offered by High Fidelity for the creation of avatars may be subject to additional restrictions as may be posted on High Fidelity's website or on High Fidelity Domains.

2. TERMINATION OF ACCESS

High Fidelity may suspend or terminate your access to the High Fidelity Account & Identity Services if you violate these terms, along with access to any or all of High Fidelity Domains, as determined by High Fidelity in its discretion. Upon termination of your access you may not re-access or return to the service through other or future Accounts you or others may set up.

We may terminate your access and/or Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of High Fidelity, High Fidelity Domains, or any third party.

We may terminate your access and/or Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing the High Fidelity Services may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the High Fidelity Platform that violates this Agreement, or that you for any other reason may pose what we deem to be an unacceptable risk.

Rights upon Suspension or Termination

If High Fidelity elects to generally suspend or discontinue the High Fidelity Placename Services, in whole or in part, for any reason, High Fidelity may terminate your access. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that High Fidelity will have no liability to you in connection with such suspension or termination.

Terms of Service for the Placename Service

By accessing or otherwise using the Placenames Service, you agree to and accept these terms. If you do not agree to these terms, you are prohibited from accessing or using the Placenames Service.

1. PLACENAME REGISTRATION

You may elect to register a Placename to locate your UserServer (your "Placename"). You may not use a Placename that High Fidelity has reserved; that High Fidelity determines may cause deception or confusion; that may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation. High Fidelity reserves the right to censure Placenames that can be considered vulgar, offensive, or otherwise inappropriate. High Fidelity reserves the right to delete or change any Placename in the exercise of its sole and absolute discretion, and will have no liability regarding the use, modification, or deletion of any Placename.

Changes and Charges

High Fidelity reserves the right, upon reasonable notice, to: (i) charge for access to some or all of the High Fidelity Placename Services, charge for access to premium functionality, or require a paid subscription or account registration to access some or all of the High Fidelity Placename Services ("Usage Subscriptions"); (ii) change terms and conditions for the High Fidelity Placename Services or portions thereof; and (iii) restrict access to the High Fidelity Placename Services or portions thereof, in whole or in part, based on any lawful eligibility requirements High Fidelity may elect to impose (e.g. geographic or demographic limitations). You are responsible for obtaining and maintaining, at your sole cost, all devices and equipment, and related software and services necessary for you to access and use the High Fidelity Placename Services.

Prohibited Conduct

  • You agree that you will not:
  • Engage in any conduct with respect to the High Fidelity Placename Service which is prohibited under the Terms of Service for High Fidelity Domains;
  • Interfere or engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of the High Fidelity Placename Service;
  • Use any cheats, mods, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any activity that may be offered on the High Fidelity Platform, or to otherwise disrupt or modify the High Fidelity Placename Service; or
  • Attempt to gain unauthorized access to the High Fidelity Placename Service.

     

2. TERMINATION

Termination of Access

High Fidelity may suspend or terminate your access to the High Fidelity Placename Service if you violate these terms, along with access to any or all of High Fidelity Domains, as determined by High Fidelity in its discretion. Upon termination of your access you may not re-access or return to the service through other or future Accounts you or others may set up.

We may terminate your access and/or Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of High Fidelity, High Fidelity Domains, or any third party.

We may terminate your access and/or Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing the High Fidelity Services may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the High Fidelity Platform that violates this Agreement, or that you for any other reason may pose what we deem to be an unacceptable risk.

Rights upon Suspension or Termination

If High Fidelity elects to generally suspend or discontinue the High Fidelity Placename Services, in whole or in part, for any reason, High Fidelity may terminate your access. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that High Fidelity will have no liability to you in connection with such suspension or termination.

Terms of Service for the Marketplace Service

These terms describe the terms and conditions on which High Fidelity, offers you access to the High Fidelity Marketplace Service. By accessing or otherwise using the High Fidelity Marketplace Service, you agree to and accept these terms. If you do not agree to these terms, you are prohibited from accessing or using the High Fidelity Marketplace Service.

1. PAID SERVICES

Should you elect to use the High Fidelity Marketplace Service, you agree to the posted pricing, payment and billing policies, plus VAT or other taxes as applicable. In connection with any such paid services, you agree that we have the right to automatically process payment by blockchain, credit card, or whatever other payment method established for the High Fidelity Marketplace Service for the applicable fees or charges, plus any applicable taxes that we are required to collect, and you authorize us to do so. If you have purchased a subscription-based product or service, on each renewal, we have the right to process payment at the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. Posted prices do not include any applicable VAT or sales tax, unless specifically noted.

High Fidelity reserves the right, upon reasonable notice, to: (i) charge for access to some or all of the High Fidelity Marketplace Services, charge for access to premium functionality or High Fidelity Content, or require a paid subscription or account registration to access some or all of the High Fidelity Marketplace Services ("Usage Subscriptions"); (ii) change terms and conditions for the High Fidelity Marketplace Services or portions thereof; (iii) restrict access to the High Fidelity Marketplace Services or portions thereof, in whole or in part, based on any lawful eligibility requirements High Fidelity may elect to impose (e.g. geographic or demographic limitations); and (iv) remove any Content from the High Fidelity Marketplace Service which violates the Terms of Service for High Fidelity Domains for any reason whatsoever. You are responsible for obtaining and maintaining, at your sole cost, all devices and equipment, and related software and services necessary for you to access and use the High Fidelity Marketplace Services. Without limiting any other rights or remedies of High Fidelity, High Fidelity may terminate your access to the High Fidelity Marketplace Service in the event of any payment delinquency.

High Fidelity reserves the right to terminate Usage Subscriptions and/or Content for cause immediately at its sole discretion without advance notice or liability. In such event you will not be entitled to a refund or credit.

Return Policy

High Fidelity does not accept returns or provide refunds of any amounts paid for Content or services purchased from High Fidelity or others.

Submissions

User Content submitted for inclusion in the High Fidelity Marketplace Service is subject to the High Fidelity Terms of Service for Hosted Content. When you submit User Content to the High Fidelity Marketplace Service you agree that it may be displayed in the ordinary operation of the High Fidelity Marketplace Service (which may include trial use by other Users), that it may be licensed to other Users in exchange for the listed fees and subject to the terms of the applicable Proof of Provenance Certificate, that you will respect the limited on the copies that can be distributed pursuant to the applicable Proof of Provenance Certificatel, and that High Fidelity may reject the submission of substantially similar User Content by you or other Users.

Prohibited Conduct

You agree that you will not:

  1. Engage in any conduct with respect to the High Fidelity Marketplace Service which is prohibited under the Terms of Service for High Fidelity Domains;
  2. Interfere or engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of the High Fidelity Marketplace Service;
  3. Use any cheats, mods, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any activity that may be offered on the High Fidelity Platform, or to otherwise disrupt or modify the High Fidelity Marketplace Service;
  4. Attempt to gain unauthorized access to the High Fidelity Marketplace Service; or
  5. Attempt to manipulate or unduly influence markets associated with the High Fidelity Marketplace Service, including High Fidelity Coin.

     

2. TERMINATION & INVALIDATION

Termination of Access

High Fidelity may suspend or terminate your access to the High Fidelity Marketplace Service if you violate these terms, along with access to any or all of High Fidelity Domains, as determined by High Fidelity in its discretion. Upon termination of your access you may not re-access or return to the service through other or future Accounts you or others may set up.

We may terminate your access and/or Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of High Fidelity, High Fidelity Domains, or any third party.

We may terminate your access and/or Account(s) if we learn, or in good faith believe, that you are a registered sex offender, that accessing the High Fidelity Services may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the High Fidelity Platform that violates this Agreement, or that you for any other reason may pose what we deem to be an unacceptable risk.

Rights upon Suspension or Termination

If High Fidelity elects to generally suspend or discontinue the High Fidelity Marketplace Services, in whole or in part, for any reason, High Fidelity may terminate your access. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that High Fidelity will have no liability to you in connection with such suspension or termination.

Invalidation

You understand and agree that User Content that Proof of Providence Certificates may be invalidated based on the DMCA takedown procedures referenced in these Terms of Use and otherwise at the discretion of High Fidelity for failure to comply with the Terms of Use for User Content.

Limitation of Liability

USER CONTENT IS DISTRIBUTED BY THE HIGH FIDELITY MARKETPLACE SERVICE ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL HIGH FIDELITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF USER CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HIGH FIDELITY MAKES NO REPRESENTATION AS TO THE ULTIMATE OWNERSHIP OF ANY USER CONTENT AND YOU EXPRESSLY RELEASE HIGH FIDELITY FROM ANY SUCH LIABILITY.

General Provisions

Age Requirements

By accepting this Agreement, you represent that you are at least eighteen (18) years of age and you have the legal authority to enter into this Agreement. If you are at least thirteen (13) years of age and less than eighteen (18) years of age, then your parent or legal guardian must read and accept this Agreement on your behalf.

Under 13 Users

When a child under the age of thirteen (13) registers for an account or otherwise accesses the High Fidelity Services, we may collect that child's e-mail address and the e-mail address of the child's parent or guardian. We will use the child's e-mail address only for the purpose for which it was collected, and we will use the e-mail address of the parent(s) or guardian(s) only to provide notification about the child's contact with us, and to provide notification of the types and uses of personal data collected, if and as required by law. As a parent or guardian of a child under the age of thirteen (13) from whom we have collected personal data, you have the right to review and request deletion of such personal data, and to refuse to permit further collection or use of such personal data. To do so, please contact us at privacy@highfidelity.com. Parents and guardians who wish to review personal data concerning their child(ren) will be required to specify the usernames and passwords of the child(ren) concerned, and to provide their own e-mail address for verification and contact purposes. We cannot and will not establish conditions that will require or encourage children to disclose personal data over and above what is reasonably necessary to participate in any activity features on our websites. Also, we will not ask the child for any personal data beyond e-mail addresses without obtaining prior parental consent. If any activity offered as a part of High Fidelity Domains us will allow children under the age of thirteen (13) to reveal personal data publicly (for example via chat or forums), its is the parent's responsibility to moderate such use.

The High Fidelity Platform

You understand and acknowledge that High Fidelity maintains and operates only High Fidelity Domains. Portions of the High Fidelity Platform, in particular User Servers, are maintained by third parties and High Fidelity cannot and does not assume responsibility of for the actions of those third parties or the operation of User Servers.

Changes in High Fidelity Domains

High Fidelity has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of High Fidelity Domains (including User Content thereon) as it sees fit at any time without notice, and High Fidelity makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of High Fidelity Domains. You acknowledge that your use of High Fidelity Domains is subject to this risk and that you knowingly assume it and make your decisions to participate on High Fidelity Domains, contribute Content and invest your time, effort, and money accordingly.

High Fidelity does not control the actions of third parties on High Fidelity Domains or on UserServers, and any action you take or Content you create on UserServers is at your own risk, and subject to the actions of the owners and controllers of the applicable UserServer and its users.

High Fidelity as a Service Provider

You understand and agree that High Fidelity operates as a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. High Fidelity does not control or endorse the Content of communications between users or users' interactions with each other or High Fidelity Domains. High Fidelity does not and cannot moderate activities or Content.

The High Fidelity Platform and/or High Fidelity Services may contain links to or otherwise allow connections to UserServers and online services or environments that are not owned or controlled by High Fidelity. You agree that High Fidelity is not responsible or liable for the Content, policies or practices of any UserServers or third-party services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such UserServers or third-party services or environments.

High Fidelity Service Interruptions

High Fidelity may on occasion need to interrupt the High Fidelity Services or halt High Fidelity Domainswith or without prior notice. You agree that High Fidelity will not be liable for any interruption of High Fidelity Domains (whether intentional or not), and you understand that you will not be entitled to any refunds of fees or other compensation for interruption of service.

Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. High Fidelity will solely determine any disposition of the electronic data stored on High Fidelity Domains and will have no obligation to reproduce, process, transfer, extract or recreate any data from High Fidelity Domains.

UserServers are subject to the discretion of the owners and operators of UserServers, and High Fidelity makes no representation whatsoever as to their availability, operation, activities, or Content thereon.

High Fidelity Services provided "AS IS"

HIGH FIDELITY PROVIDES THE High Fidelity Platform AND YOUR ACCOUNT STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT, OR VIRTUAL GOODS AND SERVICES. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, HIGH FIDELITY AND YOU EXPRESSLY DISCLAIMS ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT. YOU ASSUME ALL RISK OF LOSS FROM USING THE High Fidelity Platform ON THIS BASIS.

High Fidelity does not ensure continuous, error-free, secure or virus-free operation of High Fidelity Domains, the High Fidelity Software, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on High Fidelity's failure to provide any of the foregoing. Some jurisdictions do not allow the disclaimer of implied warranties and, to that extent, the foregoing disclaimers may not apply to you.

Privacy

Your privacy is important to us. Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the High Fidelity Services you consent to the collection and use of your information in accordance with our Privacy Policy. We encourage you to review our Privacy Policy, which describes our use and disclosure of information we collect on High Fidelity Domains. If you object to your information being used or disclosed as described therein, please do not use High Fidelity Domains.

Termination

You may terminate this Agreement by providing written notice to High Fidelity in the manner prescribe herein below for notices, unless a term is otherwise provided as a part of a High Fidelity Independent Implementation. In such event, High Fidelity shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

Survival of Certain Terms

The provisions of this Agreement which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to High Fidelity in this Agreement, as well as to the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action and mandatory arbitration.

High Fidelity Services and Marks

High Fidelity owns Intellectual Property Rights in and to the High Fidelity Software, High Fidelity Servers, and High Fidelity Content, and in and to our trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the "High Fidelity Marks"). You acknowledge and agree that High Fidelity and applicable licensors own all right, title, and interest in and to the High Fidelity Software, High Fidelity Servers, High Fidelity Content, and High Fidelity Marks, including all Intellectual Property Rights therein.

You understand and agree that without a written license agreement with High Fidelity, we do not authorize you to make any use of the High Fidelity Marks, including but not limited to the use of "HIGH FIDELITY". Use of the High Fidelity Marks in whole or in part, including without limitation "High Fidelity," and the Circle-H logo, is subject to the guidelines posted on our website or otherwise made available by us.

Except as expressly granted in this Agreement, all rights, title and interest in and to the High Fidelity Software, High Fidelity Servers, High Fidelity Content, and High Fidelity Marks are reserved by High Fidelity. Copyright, trademark and other laws of the United States and foreign countries protect the High Fidelity Software, High Fidelity Servers, High Fidelity Content, and the High Fidelity Marks.

Unsolicited Ideas and Materials Prohibited

High Fidelity employs a staff of developers and designers to create and develop new ideas and we solicit and receive related submissions from professionals with whom we have business relationships. Because of this, in your communications with High Fidelity, please keep in mind that High Fidelity does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, (collectively, "Unsolicited Ideas and Materials"). Therefore, you must not send to High Fidelity (even within any of your User Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via High Fidelity Domains or otherwise are deemed User Content and licensed to us as set forth above.

Except as otherwise specifically described in our Privacy Policy , your relationship with High Fidelity is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials will be treated as non-confidential and non-proprietary User Content – regardless of whether you mark them "confidential", "proprietary", or the like. High Fidelity will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to High Fidelity does not place High Fidelity in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials. High Fidelity's receipt of your Unsolicited Ideas and Materials is not an admission by High Fidelity of their novelty, priority, or originality, and it does not impair High Fidelity's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Release

You agree not to hold High Fidelity liable for the Content, actions, or inactions of other users. As a condition of access to High Fidelity Domains, you release High Fidelity (and its officers, directors, shareholders, agents, subsidiaries and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not High Fidelity becomes involved in any resolution or attempted resolution of the dispute.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Waiver of Consequential Damages

IN NO EVENT SHALL HIGH FIDELITY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH High Fidelity Domains (INCLUDING ITS MODIFICATION OR TERMINATION), THE HIGH FIDELITY SOFTWARE, OR YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT HIGH FIDELITY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIGH FIDELITY'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS (U.S. $100.00); OR (ii) THE FEES, IF ANY, PAID BY YOU FOR USE OF High Fidelity Domains; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you. In such jurisdictions, the liability of the High Fidelity parties to you is limited to the lowest amount permitted by applicable law.

Indemnity

You agree to defend, indemnify and hold harmless High Fidelity, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from, to the extent applicable to: (i) your User Content; (ii) your acts, omissions, or use of High Fidelity Domains, including without limitation your negligent, willful or illegal conduct; (iii) the operation of your User Server on High Fidelity Domains and any related activities; (iv) your breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; (v) your violation or anticipatory violation of any applicable law, rule or order in connection with your use of or activities on High Fidelity Domains; (vi) information or material transmitted by or through your devices or equipment that infringes or misappropriates any Intellectual Property Right; (vii) any misrepresentation made by you; (viii) High Fidelity's use of the information that you submit to us; (ix) your purported "ownership" of any Content; or (ix) the increase or decrease in "value" or loss of Usage Subscriptions or Virtual Goods and High Fidelity Services, if High Fidelity deletes, terminates, or modifies them (all of the foregoing, "Claims and Losses") . We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not settle any Claims and Losses without, in each instance, the prior, written consent of an officer of High Fidelity.

Independent Relationship

You acknowledge that your participation on the High Fidelity Platform and use of High Fidelity Domains, including your creation or uploading of Content or your operation of UserServer, does not make you a High Fidelity employee and that you do not expect to be, and will not be, compensated by High Fidelity for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture or franchise relationship is intended or created by this Agreement.

United States Services

High Fidelity controls and operates High Fidelity Domains from its offices in the United States. High Fidelity makes no representation that any aspect of High Fidelity Domains is appropriate or available for use outside of the United States. Those who access High Fidelity Domains from other locations are doing so on their own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Subject to the terms of this Agreement, we reserve the right to limit the availability of, restrict access to, or discontinue any or all of High Fidelity Domains and/or any content, program, product, service or other feature described or available on High Fidelity Domains to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

Export Controls

High Fidelity Software may be subject to export controls of the United States. No software may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the United States has embargoed goods, software, technology or services (which, as of the effective date of this User Agreement, includes Cuba, North Korea, Iran, Sudan and Syria), or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce's Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). By downloading any High Fidelity Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Assignment

You may not assign this Agreement or your Account without the prior written consent of High Fidelity, which may be withheld in our sole and absolute discretion. You may not transfer or sublicense any licenses granted by High Fidelity in this Agreement without the prior, written consent of High Fidelity. High Fidelity may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement. Any assignment in violation of this Section shall be null and void.

Notice

High Fidelity may give notice to and obtain consent from you through High Fidelity Domains, by electronic mail to your e-mail address in our records, or by written mail communication to the address on record for your Account, and shall be deemed to have been received by you if sent by any of the foregoing means. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically. All notices given by you or required under this Agreement shall be mailed to us at: High Fidelity, Inc., 185 Clara Street, San Francisco, California 94107, Attn: Legal.

Residents of California are entitled to the following specific consumer rights information: if you have a complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs by mail at 1625 North Market Boulevard, Suite S-202, Sacramento, California 95834, or by telephone at 1.916.574.7950. See also www.dca.ca.gov.

Interpretation

The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Choice of Law

You agree that this Agreement and the relationship between you and High Fidelity shall be governed by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Further, you and High Fidelity agree to submit to the exclusive personal jurisdiction and venue of the courts located in the City and County of San Francisco, California, except as provided in the High Fidelity Dispute Resolution Terms.

No Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES OR DAMAGES IN CONNECTION WITH YOUR USE OF High Fidelity Domains, THEN THE LOSSES AND DAMAGES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND AGAINST HIGH FIDELITY.

Improper Claims

All claims you bring against High Fidelity must be resolved in accordance with the High Fidelity Dispute Resolution Terms. All claims filed or brought contrary to these terms shall be considered improperly filed and a breach of these General Terms. Should either party file a claim contrary to these terms, the other party may recover attorneys' fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.

Entire Agreement

This Agreement includes and hereby incorporates by reference the following policies and terms:

  • High Fidelity Infringement Reporting Policy
  • High Fidelity Dispute Resolution Terms

This Agreement sets forth the entire understanding and agreement between you and High Fidelity with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.

High Fidelity reserves the right to modify this Agreement and any terms referenced herein at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on our website or as a part of High Fidelity Domains, and that your use of High Fidelity Domains after we post the Updated Terms constitutes your agreement to the Updated Terms. Except for such Updated Terms, this Agreement and any terms referenced herein may not be modified except by mutual written agreement between you and High Fidelity that is signed by a duly authorized representative of both parties and expressly references amendment of this Agreement.

Infringement Reporting Policy

We operate an intellectual property complaint process for complaints that User Content infringes another's Intellectual Property Rights, the details of which are described below. The High Fidelity Platform is a distributed High Fidelity Platform with many aspects not under the domain, control, or influence of High Fidelity. To the extent User Content is hosted on High Fidelity Domains, we offer the following process for submitting a complaint.

DMCA Notice

High Fidelity will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it on High Fidelity Domains, then you may send us a written notice that includes all of the following:

  • a legend or subject line that says: "DMCA Copyright Infringement Notice";
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the location of where the material appears);
  • your full name, address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
  • your physical signature or, if sent within an e-mail (rather than in a physical document or a digital document attached to an e-mail), your name typed followed by "//s//", which will serve as your electronic signature.

High Fidelity will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:

By Mail:
High Fidelity, Inc.
185 Clara Street
San Francisco, California 94107
Attention: DCMA Notices

By E-Mail: requests@highfidelity.com

It is often difficult to determine if your copyright has been infringed. High Fidelity may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and High Fidelity may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Please note that the DMCA provides that any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification (as described below).

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification (as described below).

DMCA Counter-Notification.

If access on High Fidelity Domains to a work that you submitted is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  1. A subject line that says: "DMCA Counter-Notification";
  2. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the location where the material was removed or access to it disabled);
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. Your full name, address, telephone number, e-mail address, and the username of your Account;
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the United States, to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  6. Your physical signature or, if sent within an e-mail (rather than in a physical document or a digital document attached to an e-mail), your name typed followed by "//s//", which will serve as your electronic signature.

Please note that the DMCA provides that any person who knowingly, materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on High Fidelity Domains. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Procedure for Alleging Infringement of Other Intellectual Property

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via High Fidelity Domains, then you may send us a written notice to one of the addresses set forth above that includes all of the following:

  1. A legend or subject line that says: "Intellectual Property Infringement Notice";
  2. A description of the intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the location where the material appears);
  4. Your full name, address, telephone number, and e-mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and,
  7. Your physical signature or, if sent within an e-mail (rather than in a physical document or a digital document attached to an e-mail), your name typed followed by "//s//", which will serve as your electronic signature.

We will act on such notices in our sole discretion. Any user of High Fidelity Domains that fails to respond satisfactorily to High Fidelity with regard to any such notice is subject to Account suspension or termination, or removal of access to all or any part of High Fidelity Domains. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

Dispute Resolution Terms

By accessing or otherwise using any part of High Fidelity Domains, you agree to arbitrate any and all claims against High Fidelity pursuant to the Federal Arbitration Act and subject to the terms below (the "Agreement to Arbitrate"). You and High Fidelity agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act and further agree that, notwithstanding any other provision of the Agreement, the Federal Arbitration Act shall govern the interpretation and enforcement of the Agreement to Arbitrate.

Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. If any controversy, allegation or claim arises out of or relates to High Fidelity Domains, the Agreement, or your decision to enter into the Agreement (collectively, "Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: High Fidelity, Inc., 185 Clara Street, San Francisco, California 94107, Attention: Legal. For a period of sixty (60) days from the date of receipt of notice from the other party, High Fidelity and you will engage in a good faith effort to resolve the Dispute.

IF WE CANNOT RESOLVE A DISPUTE WITHIN SIXTY (60) DAYS OF RECEIPT OF SUCH NOTICE, THEN EITHER YOU OR WE MAY ELECT TO SUBMIT THE DISPUTE TO FORMAL ARBITRATION AS HEREINAFTER DESCRIBED. WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.

Further, you and High Fidelity agree that, should resolution of the Dispute occur in arbitration, such Dispute will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this arbitration provision holds that this restriction, limiting the arbitration to Dispute between you and High Fidelity, is unenforceable, then our agreement above to arbitrate will not apply and the Dispute must be brought exclusively in court as provided below.

Should either you or High Fidelity elect to resolve the Dispute by way of binding arbitration, the arbitration shall proceed in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), except that in no event shall the arbitration proceed as a class or representative action. If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single, neutral arbitrator who is a retired judge or a lawyer with not less than ten (10) years' experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA's Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, then the arbitration will be heard and determined by a three (3) member panel, with one member to be selected by each party and the third (who will chair the panel) selected by the two (2) party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of the Agreement will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award.

If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a "demand for arbitration," then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Service Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and a legal officer of High Fidelity consent to in writing, except, as noted above, that in no event shall the arbitration proceed as a class or representative action. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above will also apply to any such arbitration under JAMS or other arbitration service.

You can obtain AAA and JAMS procedures, rules, and fee information as follows:
AAA: 1.800.778.7879 or www.adr.org
JAMS: 1.800.352.5267 or www.jamsadr.com

All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the "metropolitan statistical area" (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules (including any rules regarding hardship); but if applicable arbitration rules or laws require High Fidelity to pay a greater portion or all of such fees and costs in order for this arbitration provision to be enforceable, or if the arbitrator(s) determine that you would experience an extreme hardship by paying your share of arbitration fees and costs prior to resolution of the Dispute, then High Fidelity will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator's decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act. The arbitrator must honor the terms of the Agreement and can award the prevailing party damages and other relief (including attorneys' fees) consistent with applicable law.

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