Effective as of July 17, 2016
Welcome to Higher Dreams!
1. Your Agreement to these Terms
The following terms and conditions (“Terms”) govern all access to and use of the higherdreams.org website, and all information, materials, content, data, products and services available at or provided through the higherdreams.org website (collectively referred to as the “Website”).
Please read these Terms carefully before accessing or using the Website as they form a binding legal agreement between you and Higher Dreams, Inc. (“Higher Dreams”, “we” or “us”) in relation to your use of the Website. By accessing or using any part of the Website, you signify your acceptance of and agreement to these Terms.
If you do not agree to these Terms, you may not access or use the Website.
2. Change to the Terms
We reserve the right at our sole discretion to change, remove or add to these Terms from time to time and if we do so, we will notify you by posting updated Terms and indicating the date of their effectiveness. All new and/or revised Terms take effect immediately and apply to your use of the Website from that date on. Your continued use of the Website after new and/or revised Terms are effective constitutes your consent and agreement to be bound by the Terms, as amended.
3. Use of the Website and Content
Higher Dreams and its licensors retain ownership of all copyright and other intellectual property rights in and to the Website and all Content (as defined below) made available on or through the Website. We reserve all rights that are not expressly granted to you under these Terms.
For personal, non-commercial use only: You may access, view and use the Website and all Content made available on or through the Website for your own individual, personal and non- commercial use only. In addition, to participate in Website forums through a user account, you must be at least 13 years old and a resident of the United States. You may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Content, information or services obtained from the Website. You acknowledge that the Website and its Content are being provided as a resource and convenience to you, that none of the advice, opinions or recommendations provided constitute legal, tax or financial advice, and you agree that your use of the Website and Content is at your sole risk and responsibility. As used in these Terms, “Content” collectively means the information, materials, content and data, including but not limited to data files, text, blogs, forum posts and messages, computer software, music, audio files, sounds, photographs, videos, graphics, logos, images, and links to other similar content, which you may have access to as part of, or through your use of, the Website.
Content provided as-is: You acknowledge that Higher Dreams does not make any representations or warranties about the Content. All such Content is provided “as is”. Under no circumstances shall Higher Dreams be liable in any way for any Content, including, but not limited to any infringing Content; any errors or omissions in Content; or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible on or through the Website. You understand that by using the Website, you may be exposed to Content that is offensive, indecent, or objectionable.
Third party links: The Website may contain links to other websites and resources (“Linked Sites”). The Linked Sites are not under the control of Higher Dreams and Higher Dreams is not responsible for the contents of any Linked Site, including any changes or updates to a Linked Site, any links that may be contained within the Linked Site, or the availability of a Linked Site itself. Higher Dreams is providing these links to you only as a convenience, and the inclusion of any link or Linked Site on the Website does not constitute an endorsement of that site by Higher Dreams or any relationship or association with that site. You acknowledge and agree that Higher Dreams shall not be responsible or liable in any way for any damages you may incur as a result of your use and/or reliance upon any Linked Site, its contents or offerings.
4. Content Supplied by You
Your responsibility and representations: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any part of the Website (“Your Content”): (a) violates or infringes the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights of such party, (b) breaches or conflicts with any of your obligations, such as a confidentiality obligation, or (c) contains libelous, defamatory, false, misleading, or otherwise unlawful material.
License to Your Content: By providing us with any of Your Content (through posting on the Website or otherwise), You hereby grant Higher Dreams a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and sub-licensable right and license to use, copy, reproduce, publish, publicly display, publicly perform, archive, store, modify, adapt, translate, create derivative works of, and distribute Your Content, in any form, format or medium of any kind. You also waive any moral rights you may have in Your Content that you provide to us.
Removal: You acknowledge that we have no duty or obligation to pre-screen or review Your Content or Content that is posted by others. Higher Dreams reserves the right, however, without prior notice and in our sole discretion, to move, block, edit and/or remove Your Content from any of portion of the Website for any reason, including without limitation if it is found that Your Content violates these Terms or is otherwise objectionable.
5. User Accounts
Age: To participate in user forums on the Website, you will need to set up a user account. By registering for a user account through the Website, you represent and warrant that you are at least 13 years old and a resident of the United States.
Registration and your responsibilities: You agree to: (a) only provide true, accurate, current and complete information about yourself (though use of an alias or nickname in lieu of your legal name is highly encouraged), (b) maintain the security of your username and password, and (c) be fully responsible for all uses of, and all activities that occur on the Website under, your account. You agree not to set up an account on behalf of another person and you may not assign or otherwise transfer your account to any other person or entity. You agree to immediately notify Higher Dreams of any unauthorized use of your account, username or password, or any other breach of security.
Termination: Higher Dreams reserves the right to modify, terminate or otherwise discontinue your account at any time for any reason or no reason, and without notice to you.
6. Prohibited Conduct
As a condition of your continued access to and use of the Website, you agree not to engage in any of the following activities:
Unlawful activities: You may not: (a) use the Website or any service provided through the Website for any illegal purpose or in violation of any local, state, national, or international laws, or (b) violate, or encourage others to violate, any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, privacy or other proprietary rights (including uploading any Content to which you do not have the right to upload).
Solicitation: You may not use the Website or any forums or other service provided through the Website to transmit or otherwise make available any advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of unsolicited or unwelcome solicitation or advertising.
Disruption: You may not use or tamper with the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide or power the Website, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others: You may not: (a) upload, post, link to, or otherwise transmit Content on or through the Website that is harmful, offensive, obscene, profane, abusive, invasive of another’s privacy, defamatory, hateful or otherwise discriminatory, false or misleading, unlawful or incites an illegal act, (b) intimidate, harass, threaten or stalk another through the Website, or (c) post or transmit any personally identifiable information about individuals under 13 years of age on or through the Website.
Impersonation or unauthorized access: You may not: (a) impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Website, (b) use or attempt to use another’s account or personal information, or (c) attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking, password mining or any other means.
7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL RELATED INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED AS-IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. HIGHER DREAMS MAKES NO REPRESENTATIONS AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND CONCERNING THE WEBSITE AND CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HIGHER DREAMS DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT WILL BE ERROR-FREE, ACCURATE, RELIABLE, OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY HIGHER DREAMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIGHER DREAMS OR THE INDIVIDUALS OPERATING THE WEBSITE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DIRECT, ACTUAL, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE OR CONTENT (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF HIGHER DREAMS OR THOSE INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGHER DREAMS IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITE, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE. Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You hereby agree to indemnify and hold harmless Higher Dreams, its employees, officers, directors, affiliates, representatives and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of: (a) your violation of the Terms, (b) your use of the Website or Content; (c) your participation on any Website forums; or (d) Your Content that you make available on or through the Website.
10. Electronic communications
Visiting the Website or sending emails to Higher Dreams or the Website constitute electronic communications. You consent to receive communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or on the Website, satisfy any legal requirements that such communications be in writing.
11. Copyright Complaints
Higher Dreams respects copyright, and we prohibit users of the Website from submitting, uploading, posting, or otherwise transmitting any Content on the Website that violates another person’s proprietary rights. To report allegedly infringing Content hosted on the Website, send a Notice of Infringing Material to us as set out here. Higher Dreams may in its sole discretion suspend or terminate accounts of users who are found to be repeat infringers.
By Higher Dreams: Higher Dreams may modify, suspend, or terminate the operation of, or access to, all or any portion of the Website at any time for any reason. Additionally, your individual access to, and use of, the Website may be terminated by Higher Dreams at any time and for any reason.
By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Website at any time.
Automatic upon breach: Your right to access and use the Website (including use of your user account) terminates automatically upon your breach of any of the Terms.
Survival: The disclaimer of warranties, limitation of liability, governing law and dispute resolution provisions of the Terms will survive any termination. The license grants applicable to Your Content, and your warranties and indemnification obligations are not impacted by the termination of the Terms and shall continue in effect after termination.
14. Miscellaneous Terms
Governing law: The Terms are governed by and shall be construed in accordance with the laws of the State of New York in the United States, not including its choice of law rules.
Dispute resolution: The parties agree that any disputes between Higher Dreams and you concerning these Terms, and/or use of the Website may only brought in a federal or state court of competent jurisdiction sitting in the Sixth District of New York and you hereby consent to the personal jurisdiction and venue of such court.
No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.
Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: The parties agree that no joint venture, partnership, employment or agency relationship exists between you and Higher Dreams as a result of the Terms or from your use of the Website.
Entire agreement: These Terms constitute the entire agreement between you and Higher Dreams relating to this subject matter and supersede any and all prior communications and/or agreements between you and Higher Dreams relating to access and use of the Website.