Last updated: December 13, 2024
These terms are between you and Hightag Inc., a Delaware corporation. They govern access to and use of https://hightag.com/, https://app.hightag.com/, and their mobile application (the "Platform").
By using the Platform or clicking to accept these terms, you agree to be bound by them and the Privacy Policy. The Platform is available to users 16 years or older who can form binding contracts.
Hightag may revise these terms at any time in its sole discretion. Changes take effect immediately upon posting. Your continued use means you accept the changes. Users should check regularly for updates.
Hightag reserves the right to withdraw or amend the Platform without notice. Users are responsible for arranging their access and ensuring others using their connection comply with these terms.
All registration information must be correct, current, and complete. Users must keep usernames, passwords, and security information confidential and notify Hightag of unauthorized access immediately. Hightag may disable any account for violations of these terms.
The Platform's contents, features, and functionality are owned by Hightag or its licensors and protected by copyright, trademark, patent, and trade secret laws.
Users grant Hightag "an exclusive fully-paid license to use any and all collected images or multimedia of you for any commercial use that does not violate applicable law."
Permitted uses:
Prohibited uses:
Hightag's name, logo, and related trademarks cannot be used without written permission. Other names and trademarks belong to their respective owners.
Users may not use the Platform:
Additionally, users must not:
The Platform may contain interactive features like message boards and forums where users post content ("User Contributions").
All User Contributions must comply with content standards. By posting, users grant Hightag and its affiliates "the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any lawful purpose."
Users represent they own rights to their contributions and that all content complies with these terms. Users are fully responsible for their content's legality, reliability, accuracy, and appropriateness.
Hightag has the right to:
Hightag may cooperate with law enforcement and court orders to disclose user information. Users "waive and hold harmless the Company and its affiliates" from claims resulting from such investigations.
Hightag does not review all materials before posting and assumes no liability for user-generated content.
User Contributions must comply with all applicable laws. They must not:
Information on the Platform is provided "solely for general information purposes." Hightag does not warrant accuracy, completeness, or usefulness. Users rely on such information at their own risk.
Hightag disclaims liability for third-party content, including materials from other users, bloggers, and licensors. Statements and opinions from non-Company sources reflect those parties' views only.
Hightag may update Platform content but provides no guarantee that it is complete or current. No obligation exists to update outdated material.
All collected information is subject to Hightag's Privacy Policy. Using the Platform constitutes consent to information handling consistent with that policy.
Users may link to the homepage fairly and legally without suggesting association or endorsement by Hightag.
The Platform may provide social media features enabling users to:
Features may only be used as provided and with featured content. Users must not:
Linking websites must comply with content standards. Users must cooperate in stopping unauthorized framing or linking. Hightag may disable social media features without notice.
The Platform may contain third-party links provided for convenience. Hightag has no control over external sites and accepts no responsibility for their content or resulting losses or damages. Users access third-party sites entirely at their own risk.
Hightag is based in Arkansas and provides the Platform for U.S. users only. No claims are made about international accessibility or appropriateness. International users access the Platform at their own initiative and assume responsibility for local law compliance.
Users cannot guarantee downloaded files are virus-free. Users are responsible for anti-virus protection and data accuracy.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL.
The Platform is provided "on an 'as is' and 'as available' basis, without any warranties of any kind, either express or implied." Hightag makes no warranty regarding completeness, security, reliability, quality, accuracy, or availability.
The Platform, its content, and services are not guaranteed to be accurate, reliable, error-free, or uninterrupted. Hightag disclaims all warranties, including merchantability, non-infringement, and fitness for particular purpose.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND.
This includes direct, indirect, special, incidental, consequential, or punitive damages such as lost revenue, profits, business, use, goodwill, or data, regardless of cause.
This limitation does not apply to liability from gross negligence or willful misconduct.
Users agree to defend, indemnify, and hold harmless Hightag, its affiliates, licensors, and service providers from claims, liabilities, damages, and expenses arising from violations of these terms or Platform use, including User Contributions.
All matters relating to the Platform are governed by Arkansas law without regard to conflict-of-law provisions. Any legal proceeding must be instituted exclusively in federal courts or Arkansas state courts in Bentonville, Benton County. Hightag retains the right to pursue claims in the user's country of residence. Users waive objections to jurisdiction and venue.
At Hightag's sole discretion, disputes may be required to go to final and binding arbitration under American Arbitration Association rules applying Arkansas law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Hightag's failure to enforce any term does not constitute a waiver. If any provision is found invalid, it shall be eliminated while remaining provisions continue in full force.
These terms and the Privacy Policy constitute the complete agreement between users and Hightag regarding the Platform, superseding all prior understandings and agreements.
All feedback and support requests should be directed to: legal@hightag.com