• Right to Use Site Content
• Intellectual Property
• Copyright Complaints
• Interactive Forums and Groups and Submissions and Feedback
• Third Party Content and Links to Other Web Sites
• Disclaimer of Warranties
• Disclaimer of Damages and Limitation of Liability
• Disclaimer of Warranties or Representations Related to Online Orders
• Customer Service and Contact information
Right to Use Site Content
We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Higher Click Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, or sell any Content on the Higher Click Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Higher Click Site in any way that could or is intended to damage or impair the Higher Click Site, or any server or network underlying the Higher Click Site, or interfere with anyone else’s use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray Higher Click, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page or content by Higher Click.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Higher Click Site and all Content contained therein are reserved and owned by Higher Click.
Intellectual Property Rights
The Higher Click Site Content is protected by applicable intellectual property laws and all Content is owned by Higher Click or used by Higher Click under a license or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Higher Click Site), images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, logos, and other materials and information on this Site are subject to the intellectual property rights of Higher Click, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Higher Click Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Higher Click trademark, intellectual property right or copyrighted material without Higher Click’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Higher Click Site are Trademarks of Higher Click. Nothing contained on the Higher Click Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Higher Click Site without the written permission of Higher Click or such third party that may own the Trademark.
Higher Click U.S. Trademarks
Any unauthorized commercial use of these materials will violate Higher Click’s intellectual property rights and will be subject to Higher Click’s full legal rights and remedies.
In operating the Site, Higher Click may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that Higher Click does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Higher Click has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Higher Click or of a third party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. If you believe any material available through the Site infringes a copyright, you should notify Higher Click using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Higher Click will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: firstname.lastname@example.org
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site that you claim is infringing, with enough detail so that Higher Click may locate it on the Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature
Higher Click may give notice to its users of any infringement notice by means of a general notice on its website, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification 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;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Interactive Forums and Groups and Feedback
User Submissions and Conduct
As a user of the Site you may be permitted to submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Higher Click to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and this Agreement. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Higher Click all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Higher Click regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials
Ownership And Use of User Submissions
By making a User Submission, you understand that you are granting Higher Click a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to Higher Click includes the right of Higher Click and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of Higher Click throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits Higher Click and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by Higher Click or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.
By making a User Submission, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint Higher Click as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Higher Click can use the User Submission that you are licensing in any way Higher Click sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.
Upon request of Higher Click, you shall execute and deliver such additional instrument of license, as may be solely deemed by Higher Click, reasonably necessary to establish Higher Click’s ability to use the User Submission as it sees fit and that “Moral Rights of Authors” are waived under these Terms and Conditions. Should Higher Click fail to request the said license instrument as stated, that shall not be deemed a waiver of Higher Click’s rights and Higher Click may at a later time request the instrument.
Submissions or Feedback
From time to time, we may ask that you for your feedback on Higher Click’s Site and products and/or services, either in the Site or via email. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Higher Click, (b) become the property of Higher Click and Higher Click shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Higher Click licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. And Higher Click shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Higher Click maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore, you should not make any Submissions to Higher Click in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Higher Click and Higher Click shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Higher Click shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Higher Click shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Higher Click products and services.
Third Party Content and Links to Other Web Sites
Disclaimer of Warranties
Higher Click will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and Higher Click does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.
THE HIGHER CLICK SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM HIGHER CLICK THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, HIGHER CLICK DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE HIGHER CLICK SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE HIGHER CLICK SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL HIGHER CLICK OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE HIGHER CLICK SITE OR ITS CONTENT, EVEN IF HIGHER CLICK OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL HIGHER CLICK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY HIGHER CLICK SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer of Warranties or Representations Related to Online Orders
Higher Click may, from time to time, offer Users the option to purchase services online. These services may include, but not necessarily, search engine optimization tasks (“SEO”). Due to the speculative nature of the SEO industry and constantly changing algorithms amongst the world’s largest online search providers, it is impossible to accurately predict the results that SEO efforts will achieve. As such, Higher Click expressly disclaims all representations and warranties, whether express or implied, related to any service provided by Higher Click, including SEO results. Furthermore, HIGHER CLICK DISCLAIMS ANY AND ALL POTENTIAL LIABILITY RESULTING FROM ANY CONTRACTED SERVICE OR PROJECT, INCLUDING SEO EFFORTS. FOR THE AVOIDANCE OF DOUBT, THIS DISCLAIMER INCLUDES ANY POTENTIAL LIABILIY THAT MAY ARISE FROM A USER’S WEBSITE APPEARING LOWER ON A SEARCH ENGINE’S RESULTS FOLLOWING, OR AS A RESULT OF HIGHER CLICK’S EFFORTS. This provision shall apply unless superseded by the presence of an alternative or conflicting provision in an alternative or supplemental agreement entered into with a specific User or client, in which case the alternative provision shall apply.
Content and software from the Higher Click Site may be subject to various national import and export jurisdictions of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
Customer Service and Contact Information