Use of Website. These Terms & Conditions apply to
all users of the HigherExposure Website, including users
who are also contributors of video content, information,
and other materials or services on the Website. The HigherExposure
Website may contain links to third party websites that are
not owned or controlled by HigherExposure. HigherExposure
has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third
party websites. In addition, HigherExposure will not and
cannot censor or edit the content of any third-party site.
By using the Website, you expressly relieve HigherExposure
from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be
aware when you leave the HigherExposure Website and to read
the terms and conditions and privacy policy of each other
website that you visit.
Intellectual Property Rights. The content on the HigherExposure
Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service
marks and logos contained therein ("Marks"), are
owned by or licensed to HigherExposure, subject to copyright
and other intellectual property rights under United States
and foreign laws and international conventions. Content
on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners.
HigherExposure reserves all rights not expressly granted
in and to the Website and the Content. You agree to not
engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein, including
any use, copying, ordistribution of User Submissions of
third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content
for personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security
related features of the HigherExposure Website or features
that prevent or restrict use or copying of any Content or
enforce limitations on use of the HigherExposure Website
or the Content therein.
User Submissions
A. The HigherExposure Website may now or in the future permit
the submission of videos or other communications submitted
by you and other users ("User Submissions") and
the hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions
are published, HigherExposure does not guarantee any confidentiality
with respect to any submissions.
B. You shall 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: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize HigherExposure
to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms &
Conditions; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness
of each and every such identifiable individual person to
enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms &
Conditions. For clarity, you retain all of your ownership
rights in your User Submissions. However, by submitting
the User Submissions to HigherExposure, you hereby grant
HigherExposure a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the HigherExposure
Website and HigherExposure's (and its successor's) business,
including without limitation for promoting and redistributing
part or all of the HigherExposure Website (and derivative
works thereof) in any media formats and through any media
channels. You also hereby grant each user of the HigherExposure
Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the
Website and under these Terms & Conditions. The foregoing
license granted by you terminates once you remove or delete
a User Submission from the HigherExposure Website.
C. Subject to any applicable terms and conditions set forth
in our Internet Privacy Policy,
any communication or other material that you send to us
through the internet, or post on the web site by electronic
mail or otherwise, such as any questions, comments, suggestions
or the like, is and will be deemed to be non-confidential
and HigherExposure shall have no obligation of any kind
with respect to such information.
Indemnification. You agree to indemnify, defend and hold
harmless HigherExposure, its officers, directors, employees,
agents, suppliers and third party partners from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fee, resulting from any violation by you of these
Terms & Conditions.
Privacy. HigherExposure respects the privacy of its web
site users. Please refer to HigherExposure's Privacy Policy
that explains users' rights and responsibilities with respect
to information that is disclosed on this web site.
Third Party Web Sites and Links. This web site may contain
links or references to other web sites maintained by third
parties over whom HigherExposure has no control. Such links
are provided merely as a convenience. Similarly, this web
site may be accessed from third party links over whom HigherExposure
has no control. HigherExposure makes no warranties or representations
of any kind as to the accuracy, currency, or completeness
of any information contained in such web sites and shall
have no liability for any damages or injuries of any kind
arising from such content or information. Inclusion of any
third party link does not imply an endorsement or recommendation
by HigherExposure.
Void Where Prohibited. This web site and its contents are
intended to comply with the laws and regulations in the
U.S. Although the information on this web site is accessible
to users outside of the U.S., the information on the web
site pertaining to HigherExposure products is intended for
use only by residents of the U.S. Other countries may have
laws, regulatory requirements and medical practices that
differ from those in the U.S. This site links to other sites
produced by HigherExposure's various operating divisions
and subsidiaries, some of which are outside the U.S. Those
sites may have information that is appropriate only to that
particular originating country. HigherExposure reserves
the right to limit provision of our products or services
to any person, geographic region or jurisdiction and/or
to limit the quantities or any products or services we provide.
Any offer for any product or service made on this web site
is void where prohibited.
Governing Laws. This Terms & Conditions Agreement and
your use of the web site shall be governed by the laws of
the United States of America and the State of Virginia without
regard to its conflicts of laws principles. Any legal action
or proceeding related to this web site shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in Virginia.
Miscellaneous. If any provision of this Agreement is held
to be unlawful, void or unenforceable, then such provision
shall be severable without affecting the enforceability
of all remaining provisions. HigherExposure reserves the
right to alter or delete materials from this web site at
any time at its discretion.
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