Updated as of December 3, 2014
1 This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by hi5 Inc. ("hi5") through http://www.hi5.com, hi5 mobile applications or otherwise. 2 ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR hi5. By accessing the services and/or completing the registration process for the hi5 website, 3 you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering on hi5, you represent and warrant that you are not required to register as a sex offender with any government entity. 4 No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail.
5 hi5 reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at hi5's sole discretion. The most recent version of this Agreement will be posted on the hi5 website. 6 Although hi5 will provide notice of material changes to this Agreement on the hi5 website, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. 7 Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with hi5 in any way, Member's only solution is to immediately: (1) discontinue use of hi5; (2) terminate their hi5 registration; and 8 (3) notify hi5 of termination.
9 As a Member, you will be provided with a variety of Services, as described on the hi5 website. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. hi5 reserves the right to enhance, change, or discontinue the Services, 10 in whole or in part, at any time, for any reason, or for no reason at all, at hi5's sole discretion, with or without notice to Members, and with no obligation to Members.
11 Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. hi5 reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. 12 Nor does hi5 guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, hi5, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that hi5 deems appropriate to enforce its rights and pursue all available remedies. Without limitation, 13 hi5 reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
28 All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of hi5 and its designees. hi5 has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the hi5 Services. hi5 and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of hi5. hi5 is not obligated to provide a Member with a warning prior to removal.
30 All personal information collected by hi5 in connection with your use of the hi5 website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will may be stored by hi5 indefinitely and will be stored in a safe and secure manner.
31 MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM HI5, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY HI5 FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
32 Once Member registers for hi5, Member will have a password and an account with hi5. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify hi5 of any unauthorized use of Member's account or any other breach of security known to Member.
33 You may purchase virtual currency for use solely on the hi5 Site ("Tagged Gold"). Purchases or other acquisitions of Tagged Gold provide only a limited, non-transferable, non-sublicensable, fully-revocable license to use such Tagged Gold to access Services that 34 we expressly make available for use with such Tagged Gold for your personal non-commercial use Tagged Gold is redeemable only on the hi5 site for hi5 digital merchandise and content. Tagged Gold does not expire. Tagged Gold is non-refundable. 35 Tagged Gold has no monetary value and does not constitute currency or property of any type. Tagged Gold is not transferable or assignable. 36 You will not be entitled to a refund, money or any other compensation for unused Tagged Gold and virtual items when an account is closed, whether such closure was voluntary or involuntary.
37 You may decide to upgrade your membership to VIP status for an additional monthly cost. If you choose to become a hi5 VIP, you will be able to elect to have your membership automatically renewed on a monthly basis by enrolling in the auto-renew program. If, at any point, you wish to discontinue your VIP membership, you must visit http://www.hi5.com/account_info.html and select 'CANCEL' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly.
38 hi5 may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. 39 Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
40 Member acknowledges that messages, files or other materials ("Content") contained on the hi5 website and within hi5 email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by hi5 and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 41 Member is permitted to use hi5 Content or third party Content only as expressly authorized by hi5 or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the hi5 Content or third party Content without expressly being authorized to do so by hi5 or the third party advertiser. 42 Member may make a copy of the hi5 Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although hi5 does not claim ownership of content that its Member's may provide to hi5, by providing content to hi5, Members automatically grant, and represent and warrant that they have the right to grant, 43 to hi5 a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content.
44 hi5 respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify hi5's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:
Please provide our Agent with the following Notice:
hi5's Agent will forward this information to the alleged infringer. It is hi5's policy to terminate the accounts of repeat infringers.
47 You and hi5 agree that, except as otherwise specifically provided in this Agreement, you and hi5 shall seek to resolve any and all disputes between hi5 and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:
48 Despite the language agreed to above and as an alternative to arbitration, either you and/or hi5 may bring an individual action against the other in small claims court. Additionally, you and/or hi5 may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against hi5 on your behalf, and/or against you on hi5's behalf.
You agree that you and hi5 have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. 49 The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
For you or hi5 to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). 50 The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.hi5.com/disputeresolution_forms.html to download and complete. 51 A Notice being sent to hi5 must be addressed to: Dispute Resolution Department, hi5, Inc., 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 ("hi5 Notice Address"). A Notice being sent to you shall be sent to your hi5 e-mail account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the hi5 Notice Address including your name, postal address, Member Notice Address and hi5 User ID number (UID).
52 After receipt of the Notice you and hi5 must attempt in good faith to resolve the dispute set forth in the Notice. If you and hi5 are not able to resolve the dispute within 30 days after the Notice is received, then you or hi5 may initiate an arbitration proceeding 53 against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822 ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the hi5 Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. 54 The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to hi5 must be addressed to the hi5 Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address.
55 Please note AAA does not provide hi5 customer support and is only able to provide information regarding initiating an arbitration proceeding against hi5. All concerns regarding your account should be addressed to hi5 by submitting a Ticket. 56 hi5 will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Page.
Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_012009 and https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004102, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide hi5 customer support and is only able to provide information regarding initiating an arbitration proceeding against hi5. If you initiate an arbitration proceeding against hi5 and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to hi5 at the hi5 Notice Address. hi5 shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against hi5, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to hi5 at the hi5 Notice Address, and hi5 shall reimburse you for that actually paid amount.
57 The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at AAA Consumer Arbitration and Consumer Arbitration Rules, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, is available at http://www.hi5.com/disputeresolution.html. The arbitrator selected to resolve the dispute between you and hi5 shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in 58 San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. 59 If the total amount you are seeking is greater than $10,000 then your and hi5's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based.
In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, hi5 shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against hi5 or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse hi5 for all monies paid by hi5 that are your obligation to pay under the AAA Rules. 60 Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules.
61 You and hi5 agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or hi5 is entitled in connection with the dispute being arbitrated, neither you nor hi5 shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or hi5 previously made to the other in connection with said dispute. In any individual arbitration between you and hi5, 62 if the arbitrator issues you an award that is greater than the value of hi5's last written settlement offer to you then hi5 shall:
63 However, if hi5 did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against hi5, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or hi5 made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If hi5 prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, hi5 hereby agrees that it shall not seek and shall refuse to receive such an award.
The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and hi5 agree that, except as otherwise specifically provided in this Agreement, 64 you and hi5 may bring a Claim against the other solely in your or hi5's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
65 AT ANY TIME AND IN ITS SOLE DISCRETION hi5 MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST hi5 AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of hi5's last written settlement offer to you then hi5 shall:
67 However, if hi5 did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against hi5, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or hi5 made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If hi5 prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, hi5 hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void.
68 Notwithstanding any provision in this Agreement to the contrary, you agree that if hi5 changes this Dispute provision in the future (other than a change to the hi5 Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to hi5 at the hi5 Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and hi5 solely through arbitration in accordance with this Agreement.
If there is a dispute between participants on this site, or any third party, hi5 is under no obligation to become involved. In the event that Member has a dispute with one or more members, 69 Member hereby releases hi5 and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. 70 If Member is a California resident, Member hereby waives 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
Either party may terminate use of the hi5 website or the Services with or without cause at any time and effective immediately upon written notice to the other party. 71 hi5 may terminate with or without cause at any time and effective immediately, at hi5's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. 72 hi5 shall not be liable to Member or any third party for termination of use of hi5 or the Services. Member's right to use hi5 or the Services shall cease immediately. Member shall have no right and hi5 will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
73 MEMBER AGREES THAT USE OF THE hi5 WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE hi5 WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, 74 hi5 DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE hi5 WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, hi5 DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE hi5 WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE hi5 WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, hi5 DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
75 UNDER NO CIRCUMSTANCES SHALL hi5 BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE hi5 WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE hi5 WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE hi5 WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE hi5 WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES OR ANY LINKS ON THE hi5 WEBSITE, 76 AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES OR ANY LINKS ON THE hi5 WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
77 Member agrees to indemnify and hold hi5, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold hi5 harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
78 The Agreement and the relationship between Member and hi5 shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and hi5 nevertheless agree that the court should strive to give effect to your and hi5's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. 79 You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to hi5, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. hi5 makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
80 The Agreement makes up the entire agreement between Member and hi5 and governs your use of hi5 and the Services, superseding any prior agreements between Member and hi5. 81 You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of hi5 to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. 82 In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.
Users with questions about this Terms of Service and any of the above statements may contact hi5 by writing to: hi5.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111.
hi5 is not in any way related to, affiliated with, endorsed or sponsored by Nine Networks Australia's Hi5 television show or any related products bearing its trademark "Hi5."
In order to access or register for hi5 you have to agree to the rules in this Agreement. ↩
You have to be at least 18 years old to use the Services. ↩
These side summaries are for your reference, so that you can easily find information within the Agreement. ↩
Please read the entire Agreement to your left for all details governing the use of the Services. ↩
We can change the terms of this Agreement at any time. ↩
We will provide a notice on the site if there is a major change. ↩
It is your responsibility to ensure that you are aware of any changes. ↩
If you disagree with the current rules or any changes to the rules you should cancel your account. ↩
You can view our Services and features on the website. ↩
We can change or discontinue the Services and features offered on the site at any time. ↩
If you engage in prohibited behavior we may suspend or cancel your account. ↩
We have the right to monitor your account and any of your content, communication or behavior associated with that account to ensure that you are following the rules. ↩
We may terminate your account if we find that you are in violation of any of our rules or if we find that you are engaged in prohibited behavior. ↩
You shall not engage in harassment or stalking. ↩
You shall not provide any information that is false or belongs to another person. ↩
You shall not pretend to be someone that you are not. ↩
You shall not use this site to sell or advertise anything without written permission from hi5. ↩
You shall not send spam or junk mail. ↩
You shall not use any abusive language. ↩
You shall not post any illegal content or participate in any illegal activity. ↩
You shall not post pornographic or other inappropriate material. ↩
You shall not provide information instructing others on how to commit illegal acts. ↩
You shall not attempt to access an account or information that does not belong to you. ↩
You shall not attempt to impair the Services. ↩
You shall not collect personal data about other Members. ↩
You shall not try to gain access to another user’s account. ↩
You shall not attempt buy or sell Gold or user accounts. ↩
We will solely decide whether you violate any guideline and may prevent you from uploading content, may delete your content and your entire account. ↩
We can choose to store certain data for an infinite amount of time. ↩
You agree to receive commercial messages from us. ↩
Don’t share your password or login information. ↩
Gold is virtual currency that can only be used on the hi5 site for hi5 Services. ↩
You are not allowed to buy Gold outside of the hi5 website. ↩
You are not allowed to sell or give away Gold. ↩
Purchases of Gold are not refundable, even if your account is cancelled. ↩
We offer a VIP membership at a monthly cost. ↩
If you access our Services through your mobile phone, your mobile phone company may charge you for use of data. You are responsible for these charges. ↩
When you use your mobile phone hi5 may collect additional information, including your location. ↩
Our content is protected by certain rights, including copyrights, trademarks, service marks, patents, etc. ↩
You may not use hi5 content outside what is allowed by these terms. ↩
We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to hi5. ↩
You may not post content unless they have the right to grant us rights to the content. ↩
We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to us. ↩
Please notify us of any copyright infringement by contacting us directly. ↩
Please provide the requested information so that we can take necessary action and remove the infringing content. ↩
You agree to resolve all disputes with us through arbitration. ↩
In addition to arbitration, you or hi5 may file a claim in small claims court or bring a claim to the attention of the federal, state or local government. ↩
You and hi5 waive any rights to trial by jury and all rights to participate in a class action. ↩
Before beginning the arbitration process either you or hi5 has to provide a notice to the other party. ↩
You must mail the notice to hi5. hi5 may send the notice to your email address. ↩
After receiving notice we will both try to resolve the dispute. ↩
If we cannot reach an agreement within 30 days, then you or hi5 can start the Arbitration process. ↩
Arbitration will be conducted by the American Arbitration Association (AAA). ↩
You may submit a request for payment assistance to hi5. ↩
hi5 will provide assistance with payment of arbitration fee if you are unable to pay and otherwise qualify for the assistance. ↩
The arbitration will be conducted by the AAA, under their rules. ↩
All arbitrations will take place in San Francisco, California. ↩
If the amount in dispute is less than $10,000, you may choose to conduct the arbitration by phone or through document submission. ↩
If your claim is for $10,000 or less you may be entitled to have us pay for all the arbitration fees. ↩
Until the arbitrator issues a monetary award neither you nor hi5 will disclose any settlement offers to the arbitrator. ↩
If an arbitration results in an award to you that is greater than our last written offer, you may be entitled to receive additional fees from us. ↩
If we did not make any written offer and an arbitrator issues an award you and your attorney may be entitled to receive additional awards. ↩
You and hi5 agree that any claims brought will be solely on behalf of you or hi5 and not as part of a class action. ↩
hi5 may request the AAA to combine related arbitration claims from members when such claims are related. ↩
If the AAA grants you an award that is higher than the last written settlement offer from hi5, if any, you may be entitled to additional fees from hi5 above the amount of the award granted by the AAA. ↩
If we did not make any written settlement offer prior to arbitration you may also be entitled to receive additional fees. ↩
If we change this Dispute provision you may reject the change by a written notice to us and reaffirm that you and hi5 will only resolve disputes through arbitration. ↩
We are not required to become involved with disputes between you and any other participant on the site. ↩
We will not be responsible for any disputes between you and another participant on the site. ↩
We have the right to cancel your account for any reason or without a reason. ↩
We will not be required to provide you with copies of your account content once your account is cancelled. This may include photos, videos and messages. ↩
We are providing services on an "as is" basis and makes no promises that the site or its services are intended to fulfill a particular purpose. ↩
We are not responsible for any goods or services received through, advertised or otherwise displayed on the site. ↩
We will not be responsible for any damages resulting from your use or misuse of the site. ↩
We will not be responsible for any damages resulting from services or products advertised or displayed on the site. ↩
If your breach of this Agreement results in a dispute involving hi5 and related parties, you will be responsible for any attorney's fees, court costs, penalties, monetary payments due and any other required action that is required to correct the injury resulting from your breach. ↩
If there are any disputes between you and hi5, they will be governed by California law and this Agreement will be interpreted under California Law. ↩
Any claims filed by you related to this Agreement must be filed within 1 year of the incident. ↩
This Agreement governs your use of the Site. ↩
You may also be subject to additional rules from our affiliate services that may apply to third-party content or software. ↩
These side summaries are for your reference only. Please read the entire agreement to your left for all details governing your use of hi5. ↩
Updated as of April 14, 2014
To use hi5, you must be 18 years of age or older. Anyone under age 18 is prohibited from registering for and using hi5. 4 By registering on hi5, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation.
5 hi5 is a general audience web site for Members who are 18 years of age or older. The safety and privacy of children is extremely important to hi5 and we use the safeguards described below to protect children.
Our registration process is designed to restrict children under age 18 from becoming Members of hi5, through use of an age gate mechanism on the registration page. 6 If we receive information suggesting that a Member of hi5 is under age 18, we require the Member to provide evidence, the nature of which to be determined by hi5, confirming that the Member is at least 18 years old, and we reserve the right to suspend the Member’s account while we review the evidence and verify the Member’s age. If the Member fails to provide such evidence within 48 hours, we may terminate the Member's account and delete all personal information displaying on the site.
7 We prohibit Members who are under 18 years of age. For more information about protecting your privacy, please visit the Federal Trade Commission’s web site. In addition to the previously mentioned safeguards for the detection and removal of Members under the age of 18, 8 we have a process for parents to contact hi5 directly so that we can take the proper steps required to be in compliance with the Children’s Online Privacy Protection Act (COPPA).
Parents: If your child is under the age of 13 and has joined hi5 using a false age, please notify hi5 at email@example.com, and we will terminate your child's account and delete all personal information displaying on the site. If you would like to know more about our site, stored information about your child, or how to terminate your child's account, please send your request by mail to Customer Experience hi5.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or submit your request online at http://contact.hi5.com/ics/support/ticketnewwizard.asp?style=classic. We will happily respond to all communications from parents with privacy questions or concerns.
9 When you register to become a Member of hi5, you are required to provide us with certain personal information, including your first and last name, gender, email address, zip code (or country and city) and date of birth. You also will be required to select a password for accessing your hi5 account. To complete the registration process, we send you a validation email message with a URL link back to the Site. The URL link contains a unique user ID that our computer system will use to identify you whenever you log on to hi5. 10 Once you receive the validation email, you must click on the URL link and follow the instructions so that we can authenticate your identity, Member ID and registration. If you register using our mobile application you will have the option to use our “nearby” feature, which will allow you to search for your GPS location and will fill in your country and city on the registration form.
11 hi5 uses certain of your personal information to enable you to interact, or to enhance your experience, with the Site and its features. hi5 allows Members to provide information to a personal profile that is accessible to other Members. 12 We publicly display some of your personal information, such as your picture and name, in your Member profile. To make searching and finding friends and acquaintances on the Site easier we allow Members to search for other Members using a first and last name, an email address, a location or schools that the Member may have attended. Members may choose to arrange their settings so that their profiles, photos, contact information and ability to be located in searches cannot be seen by anyone other than accepted friends. 13 Members also can pre-approve comments before they appear on their profiles and block other Members from accessing profile information. These privacy procedures enable individual Members to determine how much information to share with potential friends and unknown users and Members.
14 Unless you configure your account settings to remain private, all registered Members will be able to view any personal information that you disclose in your public profile, including without limitation your photos, videos, and friend list pages, which may include personal information (including responses to survey questions). For your privacy and safety, please do not post direct contact information in your profile, such as your email address, URL, instant messenger ID, phone number, full name, or mailing address. 15 We also caution you not to share sensitive information (such as social security numbers, credit card numbers, and driver's license numbers) with other Members whom you do not know well, or place such information in your profile. Be aware that when you publish content or information on the Site using the "everyone" setting, you are allowing everyone, including non-Members and people off hi5, to access that information and to associate it with you.
16 We use your profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for you and other Members, and to enable other Members to find your profile. 17 We also use your email address to communicate with you about the Site and its features. From time to time, we may share your email address [and/or other personal information] with third parties for marketing purposes. 18 You can opt out of having your email address shared with third parties for marketing purposes by sending your request by mail to Customer Experience, hi5.com, 110 Pacific Ave Mall, Box #117, San Francisco, CA 94111 or by submitting your request online at http://help.hi5.com. In addition, we may share your [email address with third parties to target advertising and to improve your user experience on the Site] . We also may use the email addresses that are in your address books, or that you otherwise provide, to invite your friends to join hi5, as detailed in the Invitations section below.
19 When you use hi5, we store certain information that you may actively or passively share or disclose, including your Member ID, name, location, email address, photos, videos, friend connections, incoming and outgoing messages, incoming and outgoing comments and login information. 20 When you visit particular pages within hi5, you may be allowed to customize features on those pages and we may keep track of your customized preferences. We also use various technologies to remember you and create a more personalized experience for you on the Site, as detailed in the Clickstream Data, Cookies and Other Technology section below. 21 We also track your use of the Site, including the pages that you visit once you sign in, how much time is spent on each page, features that you click on and other behavior. We use this information to improve our site and may also share this information with third parties for the purposes of enhancing your user experience.
We receive different types of data from the computers and/or servers that you use when you access hi5: A cookie is a small piece of data that is sent by hi5 or its advertisers to your Internet browser and stored on your computer’s hard drive, and that delivers information about you and your activity on the Site. Pixel tags are tiny graphic files that can function in various ways (such as allowing us to track how you view an email that we send you) and are commonly used in conjunction with cookies. Local storage is similar to a cookie but is instead located on your browser and can store more information. 22 Other data that we receive when you use hi5 includes “clickstream information” such as your IP address, the type of operating system and/or browser that you use, your location, and the pages that you visit.
23 Like many other websites, we use clickstream information and technologies such as cookies, pixel tags and local storage to allow enhanced features, enable customizable content, and provide you with the best possible user experience. 24 We may also share your clickstream information and information collected from cookies, pixel tags and local storage with our vendors and partners for the purposes of enhancing your user experience.
You can configure your Internet browser, to accept all cookies, reject all cookies or notify you before accepting a cookie. Many Internet browsers also allow you to disable local storage or delete information contained in local storage. Each Internet browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For information on disabling or deleting information contained in local storage, please click here.
If you choose not to accept cookies and/or to disable or delete local storage, be aware that you may not be able to access and enjoy all the features of the Site.
27 From time to time we may extend to you information and offers from our partner companies, including news and additional details on products and services. Your usage history may result in offer screens or products specifically tailored to you. We may also produce reports for advertisers that aggregate, in an anonymous manner, information about your and other Site users’ activity on hi5. 28 For example, we may report to advertisers the number of Members who clicked on an ad, or the number of Members that visited different portions of the Site. This information will not include your personal information, or specify your individual online usage patterns.
29 Certain websites that are not affiliated with hi5 might place a code or other identifying user information in your browser address when you visit their websites. If you visit hi5 after you have visited one of those websites we may store this identifying information from your browser address.
31 Third party advertisers may be collecting information about Member behavior across different websites. hi5 has no control over third parties and their collection or use of such information. You may be able to opt out of certain collection of information across browsers and by advertisers by going to the links provided in the “Clickstream Data, Cookies and Other Technology” section.
33 hi5 allows Members to upload and share content. You own the content that you post on hi5 and, through your privacy settings, have the ability to control how it is shared. 34 For content that is covered by intellectual property rights, including but not limited to photos, videos and written compositions (“IP Content”), you specifically give us the following permission: You grant us an unconditional, non-exclusive, transferable, sublicensable, royalty-free, worldwide and perpetual license to use any IP Content that you post on or in connection with hi5 ("IP License"). 35 For example, we may make commercial use of and/or otherwise display your name and/or IP Content in or in connection with endorsements of and/or advertisements promoting hi5 and its services. This IP License ends when you delete your IP Content or terminate your hi5 account, unless your IP Content has been shared with others, and they have not deleted the content if your IP Content was incorporated into an endorsement or advertisement prior to your deletion of the IP Content. When you delete your IP Content or terminate your hi5 account, your IP Content is removed from the Site., you understand that we may maintain backup copies of the IP Content.
36 The Invite Friends feature is an easy way for you to invite friends through email to use and become Members of hi5. The email addresses that you supply to hi5 through this feature will be used only to send invitations, and in some cases invitation reminders, to the addressees, asking them to connect with you on hi5. When you invite a friend to use hi5 through email, your name will appear as the sender of the email from a hi5 email address.
37 At various times we may offer you the opportunity to participate in surveys and contests. Surveys may ask for your contact, demographic or unique identifying information to increase the value of the results. Contests may require your contact information or other demographic or personal information to determine eligibility. hi5 may use information collected from surveys and contests for the entertainment of Members, and to determine, identify and contact winners of various contests. In addition, your demographic and/or personal information and responses to survey and contest questions may be used by hi5 and/or shared with third parties in relation to the survey and contest to provide offers or advertisements specifically tailored to you. hi5 will not share your email address with a third party unless you specifically opt in to permit such sharing during the completion of or registration for a survey or contest.
38 hi5 may disclose your personal information, clickstream data, cookies and information from other technologies if hi5 is required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. hi5 may also disclose information about you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: (i) enforce our Terms of Service; (ii) respond to claims that any posting or other content violates the rights of third-parties; (iii) respond to your requests for customer service; or (iv) protect the rights, property, or personal safety of hi5, its Members or the general public.
40 hi5 uses industry standard security measures to prevent the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by hi5 in a secure operating environment that is not available to the public, we cannot guarantee complete security. 41 Also, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. Lastly, we cannot and do not ensure the adequacy or performance of any security measures that may be undertaken by Site advertisers or other third parties that may have access to your personal information on or through the Site.
42 As a Member, you may at any time choose to correct or update the information you have submitted to us. To change or update your information:
46 hi5 is opposed to spam. Our No Spam Policy and Terms of Service prohibit all Members from engaging in any activity on our Site involving spam. 47 Violations of these prohibitions may result in immediate termination of service and legal action against the Member. hi5's Terms of Service expressly prohibit Members from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial ads, or other form of commercial solicitation on the Site or through hi5's services. 48 A violation of our spam policies and/or any unauthorized use of hi5’s computer systems could result in the violation of certain federal and state laws.
49 In the event of a change in ownership at hi5, we reserve the right to transfer your information to the new owner or a related company. If that ever happens, we will notify you and you may choose to modify any of your registration information at that time.50
Effective Date April 14, 2014
These side summaries are for your reference, so that you can easily find information within the policy. ↩
You have to be at least 18 years to register for hi5 or access the Site. ↩
hi5 is a general audience website for Members who are 18 years of age or older. ↩
If we discover that your age has been falsified and that your age is under 18, we can terminate your account and delete your personal information from the Site. ↩
COPPA is a law intended to protect children who are under 13 years of age. ↩
Even though we are a general audience website for Members who are 18 years of age or older, we have a process in place designed to remove any Members found to be under 13 years of age and provide parents with a direct contact if they discover that their child has signed up for our Site by using a false age. ↩
You are required to provide certain information if you want to register as a Member of hi5. ↩
You are also required to verify your account through email. ↩
We use some of your information to allow you to interact with other Members and to enhance your experience on the Site. ↩
Some of your information can be used to allow Members to search for you. ↩
You can change your settings to limit the visibility of your account and certain content. ↩
Your account will be visible to everyone, unless you set it to private. ↩
When you post content using the “everyone” setting, you are allowing anyone to view the post, including people who are not hi5 Members. ↩
We use your profile information to improve our services. ↩
We use your email address to communicate with you. ↩
If you import your email address book, we may use the email addresses that are uploaded to invite your friends to hi5. ↩
We store the information that you post or share on the Site. ↩
We track your behavior on the Site so that we can use the information to improve our Site. We may also share aggregated versions of this information with advertisers. ↩
We receive information from the computers and servers that you may use when accessing our Site. ↩
We may share this information with our partners. ↩
You can change your browser settings to prohibit tracking devices but this may limit your use of our Site. ↩
hi5’s advertisers may also use various cookies and tracking devices. ↩
We have no control over how our advertisers use these cookies and tracking devices but you can limit their use. ↩
Sometimes we share information with advertisers. They may use such information to show you specially tailored ads and products. ↩
We may also share aggregated information about our Members. ↩
Other websites may place identifying user information in your browser address. When you visit hi5, we may store such information from your browser address. ↩
Any Do Not Track Signals submitted to hi5 will be ignored. ↩
We have no control over third party advertisers who may be collecting information about your behavior across different websites. ↩
We are not responsible for any links on our Site that direct you to a website not owned by hi5. ↩
You grant hi5 rights to use any content that you upload or share on our Site. ↩
hi5 may use your content and name in connection with endorsements or advertisements promoting hi5 and its services. ↩
Once you remove content from our Site we no longer have the right to use your content. However, if your content has already been placed into an endorsement or advertisement we will keep the right to use it. We also have the right to keep such content in backup records. ↩
You can use the Invite Friends feature to send email invites to your friends, asking them to join hi5. ↩
We may offer surveys and contests. If you choose to participate you may need to provide additional information that might be shared with third parties. ↩
hi5 may share your information with others if required by law or if we think it is necessary to protect the rights, property or safety of its Members or the general public. ↩
We may store all of your information indefinitely. Depending on business need we may decide to delete certain information and have no obligation to store the information for any specified period of time. ↩
We use industry standards to prevent misuse and improper access of your data. ↩
Although we try our best, we cannot guarantee that the measures we take will be sufficient to protect your information from third party access. ↩
You can update or correct your information at any time. ↩
You may cancel your account at any time. ↩
We will contact you through email. You can manage the types of emails that you receive within your account settings. ↩
If you cancel your account we will stop sending you communication. However, you may still receive emails from hi5 if your friend sends you a message to join or from third parties if we shared your information before you cancelled. ↩
hi5 prohibits Members from sending any form of commercial solicitation. ↩
This includes any unsolicited messages or postings attempting to advertise or sell goods or services and any other spam or junk messages. ↩
hi5 may take legal action against anyone who breaks these rules and may report your actions to the authorities, which could result in civil and criminal penalties. ↩
If hi5 is sold, or otherwise changes ownership, hi5 may transfer all of your information to the new owner. ↩
You will get a notification if such a change of ownership occurs and will have the chance to change your registration information. ↩