Terms of Service
Last updated October 1, 2016
Conditions of Use
HighFiveFriending and its associates provide their services to you subject to the following conditions. By visiting our website HighFiveFriending.com (“website”) or using our mobile app HighFiveFriending (“mobile app”) you accept these conditions. Please read them carefully.
When you visit the website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in the mobile app plus website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HighFiveFriending or its content suppliers and protected by international copyright laws. The compilation of all content is the exclusive property of HighFiveFriending, with copyright authorship for this collection by HighFiveFriending, and protected by international copyright laws.
HighFiveFriendings trademarks and trade dress may not be used in connection with any product or service that is not HighFiveFriendings, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HighFiveFriending. All other trademarks not owned by HighFiveFriending or its subsidiaries that appear on the website or mobile app are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HighFiveFriending or its subsidiaries.
License and Website Access and Mobile App Usage
HighFiveFriending grants you a limited license to access and make personal use of the mobile app plus website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HighFiveFriending. This license does not include any resale or commercial use of the mobile app plus website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of the website plus mobile app or their contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. The website or mobile app or any portion of those may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HighFiveFriending. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HighFiveFriending and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing HighFiveFriendings name or trademarks without the express written consent of HighFiveFriending. Any unauthorized use terminates the permission or license granted by HighFiveFriending. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HighFiveFriending so long as the link does not portray HighFiveFriending, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HighFiveFriending logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use the website or mobile app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the website or mobile app only with involvement of a parent or guardian. HighFiveFriending and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, And Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HighFiveFriending reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant HighFiveFriending and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HighFiveFriending and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify HighFiveFriending or its associates for all claims resulting from content you supply. HighFiveFriending has the right but not the obligation to monitor and edit or remove any activity or content. HighFiveFriending takes no responsibility and assumes no liability for any content posted by you or any third party.
HighFiveFriending and its associates attempt to be as accurate as possible. However, HighFiveFriending does not warrant that product descriptions, service descriptions or other content of the website and mobile app is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE WEBSITE AND MOBILE APP ARE PROVIDED BY HIGHFIVEFRIENDING ON AN "AS IS" AND "AS AVAILABLE" BASIS. HIGHFIVEFRIENDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE PLUS MOBILE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE PLUS MOBILE APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND MOBILE APP ARE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HIGHFIVEFRIENDING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HIGHFIVEFRIENDING DOES NOT WARRANT THAT THE WEBSITE, THE MOBILE APP, ITS SERVERS, OR E-MAIL SENT FROM HIGHFIVEFRIENDING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIGHFIVEFRIENDING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, THE MOBILE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the website and using the mobile app, you agree that the laws of The Netherlands, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and HighFiveFriending or its associates.
Any dispute relating in any way to your visit to the website, using the mobile app or to products or services you purchase through HighFiveFriending shall be submitted to confidential arbitration in The Netherlands. Arbitration under this agreement shall be conducted under the rules then prevailing of the Netherlands Arbitration Institute. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Website Policies, Mobile App Policies, Modification, And Severability