These Terms of Service (“Terms”) govern your access to and use of the services and purchase of goods provided by HighDef Studio, LLC (“HighDef,” “us,” “our,” “we”) website located at https://highdef.studio (“Website”) and any HighDef or ASolid7 goods, materials, services, records, information, data, Content, and all other components therein (collectively, “Services”). Your access to and use of the Website are conditioned on your acceptance of and compliance with these Terms of Service (“Terms”). Please read these Terms carefully.
- Terms.
- By accessing or using the Website you agree to be bound by these Terms. If you are dissatisfied with the Website, Services, or these Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Website. If you are under eighteen (18) years of age, you are prohibited from using the Website without adult supervision. We may request additional information to verify such permission and the identity of a parent or legal guardian, via email, including for the purpose of security, data privacy, and fraud prevention. Parents or legal guardians are at all times responsible for any and all activity conducted on a minor’s account. Parents or legal guardians should have their legal name listed on any financial account used for buying and selling, and minors should be listed as an authorized user on such account. Please note, some features of the Website or Services may not be available to users under the age of 18, even with parent or legal guardian permission.
- You acknowledge and accept that your use of the Website is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. We reserve the right to modify or discontinue the Services at any time. We reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.
- Account and Account Security. To use certain features of our Website, you may be required to create a user account (“Account”) and provide us with a username, password, and certain other information about yourself as set forth in our Privacy Policy. You will have the ability to maintain and periodically update such information as you see fit. By registering, you agree that all information provided by you is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. You are solely responsible for the information associated with your Account and anything that happens related to your Account. If you create an Account, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities and/or charges that are incurred under your Account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and Account. You will immediately notify us if you discover or suspect that someone has accessed your Account without your permission. You will not license, sell, or transfer your Account without our prior written approval.
- Ownership. The Website and associated Content are the owned or appropriately licensed property of HighDef. “Content” includes, without limitation, video, motion pictures, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Website. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Website and Content. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Website’s materials is prohibited except as provided for herein.
- Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Website or Content; (b) change, modify, or alter the Website or Content; (c) circumvent any protections that are a part of the Website; (d) use the Website for any illegal purpose; (e) contact or collect any information about any other user of the Website through the Website; (f) use the Website to violate any legal right of any third party; (g) use any automated means to access or use the Website (including scripts, “bots,” or similar software); (h) duplicate, reproduce, publish, publicly display, distribute, or create derivative works of the Content through any means, except as provided for herein; (i) use or allow the use of the Content for the purposes of artificial intelligence and machine learning algorithm training; (j) transfer Content to any other person or ‘mirror’ the Content on any other website, service, or platform; or (k) rent, lease, sell, assign, transfer, sub-license, or convey the Website or any portion thereof for any purpose.
- Maintenance. To the extent that any maintenance or support is required by applicable law, we may provide support for the Website, but we will otherwise have no obligation to furnish any maintenance and support services with respect to the Website.
- User Content. For purposes of this Agreement, the term “User Content” means content that you submit, transfer, or otherwise provide to the Website, which may be accessible and viewable by the public.
- Posting, transmitting, or sharing User Content through the Website that you did not create, that you do not have the rights to, or that you do not have permission to post is prohibited. You understand and agree that we may, but are not obligated to, review and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including User Content that in our sole judgment violates these Terms or which might be offensive or illegal or that might violate the rights, harm, or threaten the safety of users or others.
- We claim no ownership to your User Content, however, by posting User Content through any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
- You represent and warrant that your User Content conforms to these Terms and that you own or have the necessary rights and permissions to use and exploit, and to authorize us to use and exploit, your User Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims, and expenses made against us by any third party arising out of or in connection with our use and exploitation of your User Content.
- Use. The Website, Content, and all Services, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Website in violation of the law is prohibited. You may use the Content and Services, within the Website, for your own personal or internal business purposes. You may download one copy of the Content for your own personal, or internal business purposes. The Website and the Content may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use, except as otherwise provided for herein. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Website or Services for any purpose not expressly provided for herein is prohibited. You may not remove any copyright notices or other proprietary notations from the Website and the Content.
- User Conduct. You represent, warrant, and agree that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Website to:
- Take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed by us as described elsewhere herein;
- Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Website or its host’s servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- Use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; or
- Engage in any commercial purpose not expressly approved by us in writing. You will not use the Website to upload, post, email, or otherwise transmit any advertising or promotional materials that are unsolicited or not “opted into” by the recipient including, without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You understand and agree that any user conduct deemed by us, in our sole discretion, to be offensive or in violation of these Terms may result in immediate termination of your access to the Website and Services and may result in surrender of any monies owed by us to you in connection with any Transaction.
- Updates. From time to time, we may create updated versions of the Website. Updates may be automatically transmitted to you, and you accept such updates according to these Terms. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.
- Sale Terms. In the event you choose to purchase any goods or access to a service, course, or materials made available through the Website, the following terms and disclaimers may apply:
- Listed Prices. All prices in connection with services, courses, or materials made available through the Website will be listed at the time of purchase. All prices are subject to change or discount by us at any time, at our sole discretion.
- Order Cancellation. We reserve the right to refuse or cancel any purchase of services, courses, or materials made through the Website. In such event your sole recourse will be the return of amounts paid by you related to such purchase (if any).
- Payment by Credit Card. If you are paying by credit card, you authorize us to charge your credit card for all fees, together with all applicable taxes or other duties or levies, payable at the time of purchase. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
- Offerings Subject to Change. The specific services, courses, or materials made available through the Website are subject to change by us at any time, at our sole discretion.
- Buyer Terms. The following terms, along with these Terms, and other applicable terms and policies as may apply to your use of the Website.
- You understand and acknowledge that you may purchase Content through the Website, subject to those specific terms dictated by the details of such Content, with each purchase being a “Transaction.”
- You are responsible for reviewing all Content prior to purchase, as well as all terms, pricing, rights, and limitations set forth by HighDef in connection with the Content. You will be bound to any displayed terms in connection with the Content upon entering into a Transaction.
- You warrant that if you enter into a Transaction, then you shall, and will be able to, make full and immediate payment for the requested Content.
- Refund Policy. We offer the following limited refund policies in connection with purchases of services, courses, or materials made available through the Website:
- Refund Request. All refund requests must be made to us at the email address provided in the “Contact” section no later than 30 days following purchase.
- Refunds are Discretionary. All refund requests will be reviewed by us on a case-by-case basis and refunds will be issued at our sole discretion.
- No Refunds for Incompatible Software or Hardware. No refunds will be issued in the event any downloaded purchase is incompatible with your current computer hardware or software.
- Third Party Sites. The Website may contain (or may send you through or to) links to non-Website websites and/or software (“Third Party Sites”). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Website. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply.
- Privacy Policy. The information we obtain through your use of the Website is subject to our Privacy Policy and is specifically incorporated by reference into these Terms.
- Shipping Policy. At this time, we do not ship physical products. All of our offerings are delivered digitally or fulfilled through in-person services. If you have purchased a digital product, you will receive access via email or through your account dashboard immediately or within the timeframe specified on the product page.
- If you believe you should have received something and have not, please contact us at [email protected] so we can assist you.
- Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website, with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Website and reporting you to the proper authorities. Any part of these Terms intended to apply following termination will so apply.
- Disclaimer of Warranty. The Website and all associated Services and Content are provided “as is,” with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Website and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Website or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that the Website or Services will be available at any particular time or location, that any defects or errors will be corrected, or that the Website or Services will be free of viruses or other harmful components. You use the Website at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
- Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Website or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Website or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you, but they shall apply to the maximum extent permitted by law.
- Indemnification. You do hereby indemnify and hold us and our directors, owners, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these Terms or in connection with any use of the Website or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website or Services.
- Severability. If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.
- Dispute Resolution. We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the “Contact” section with any issues you may have regarding the Website or these Terms. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by confidential binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Arizona. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys’ fees, and may be entered in any court of competent jurisdiction.
- Controlling Law. These Terms shall be governed by the laws of the State of Arizona and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Website or Services will be brought solely in the courts located in Arizona and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
- Entire Agreement. These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us.
- Contact. If you have any questions regarding these Terms, please contact:
- HighDef Studio, LLC
- [email protected]
