These Terms of Use (“Terms”) are intended to define the rules and regulations governing the access, browsing, and usage of the Highfile Website, located at www.highfile.com, including all its subdomains and sections. The Terms also cover all services provided via the Highfile Website (“Services”), which include, but are not limited to, the downloading and utilization of various digital contents.
Acceptance and Binding Agreement
By accessing and using the Highfile Website, users (“User” or “Users”) acknowledge that they have read these Terms and agree to be unconditionally bound by them. If a User does not agree to these Terms or any part thereof, they must refrain from using the Highfile Website.
Amendments to Terms
Highfile Company reserves the right to modify these Terms at any time. Users are encouraged to review the Terms regularly to stay informed of any changes. The date noted at the beginning of these Terms indicates the last update, and the revised Terms will take effect from their date of publication.
Specific Conditions for Certain Services
Some Services offered on the Highfile Website may be subject to additional terms or instructions, which may be set by Highfile.com or by third parties. These specific conditions will supplement these Terms and, in case of conflict, will take precedence. Users are required to read and accept these specific conditions prior to accessing the relevant Service.
Privacy Policy
The collection, use, and processing of personal data through the Highfile Website are subject to the Privacy Policy, which forms an integral part of these Terms.
1. Offered Services
Highfile Website provides Users with the capability to search, access, and download a range of digital content, including but not limited to text files, graphic resources (icons, illustrations, photographs, videos, and accompanying audio). This content, available on the Website, is collectively referred to as “Highfile Content”.
2. Authorized Use of Highfile Website
Users are granted permission to use the Highfile Website and its Services in accordance with these Terms and in good faith. This includes:
- Ensuring all access or downloads from the Highfile Website are for legitimate purposes.
- Meeting user requirements: Capable of entering into a binding contract, and residing in a country where the Service is available.
- Not using the Services negligently, for fraudulent purposes, or in a manner that could harm the image, interests, or rights of the Highfile Website.
- Avoiding any actions that could damage or impair the normal functioning, security, or integrity of the Highfile Website and its Services.
- Prohibiting the use of automated systems like robots or spiders to access or manipulate the Website or Services in any manner contrary to ordinary usage or the interests of Highfile, unless explicitly authorized.
- Being responsible for ensuring that the Services meet their needs, including having the necessary equipment, software, and bearing any associated costs.
Rights and Restrictions
- The rights granted to Users under these Terms are personal and non-transferable. They cannot be assigned, in whole or in part, to any third party without prior written consent from Highfile Company.
- Highfile Website may display advertisements related to or unrelated to the searched content or Services, and such display is accepted by the User.
3. Registration for Highfile Services
Registration Requirements
To access and use the Services offered by Highfile, Users must register an account. This registration may include integrating or using third-party services, referred to as “Third-party Applications.” Highfile’s Services may interact with these applications, enabling User registration and access to Services.
Third-party Application Terms
Third-party Applications have their own terms of use and privacy policies. By using these applications, Users agree to adhere to these external terms. Highfile does not endorse, nor is it responsible for, the behavior, features, or content of any Third-party Applications, including transactions Users may conduct with their providers. Highfile does not guarantee the compatibility of these Third-party Applications with its Services.
User Responsibilities in Registration
Users must provide accurate, complete, and current information during registration and maintain its accuracy. Highfile reserves the right to suspend or terminate a User’s account if the provided information is false, outdated, or incomplete.
Account Security
Users are responsible for maintaining the confidentiality of their account password and should not disclose it to others. They should not allow others to use their account or use someone else’s account. Users are accountable for all activities on their account and must notify Highfile immediately if they suspect unauthorized use. Highfile may suspend or cancel a User’s account for violations of these Terms.
4. Access to and Use of Highfile Content
Content Accessibility
Highfile Services enable Users to search for, access, and download various digital contents, collectively referred to as “Highfile Content.” The availability and use of this content are subject to the terms and conditions set forth on the Highfile Website and as outlined in these Terms.
Content Usage Guidelines
Users are permitted to use Highfile Content as specified in these Terms and the specific conditions stated on the Highfile Website. If a User has concerns about any content, believes it infringes upon rights, or violates these Terms, they should contact Highfile as indicated in the relevant section for contact and complaints or follow the process outlined on the Highfile Website for copyright complaints.
Intellectual Property and Compliance
For inquiries or complaints regarding copyright, Users should contact Highfile through the designated email address. Highfile is committed to addressing such concerns in compliance with applicable intellectual property laws and its policies.
5. User Responsibility
User Acknowledgment and Risk
Users of Highfile.com acknowledge and agree that they use the Highfile Website and its Services at their own risk and under their own responsibility. Highfile Company does not accept any liability for misuse or use in breach of these Terms.
Liability for Damages
Users will be responsible for any damages caused to Highfile Company resulting from their use of the Highfile Website and the Services in violation of these Terms. Users agree to indemnify Highfile Company, its directors, employees, agents, and representatives from any liabilities arising from their breach of these Terms.
Service Availability and Limitation of Liability
Highfile Company does not guarantee the continuous availability, reliability, quality, completeness, or accuracy of the Highfile Website and its Services. Highfile Company shall not be liable for damages resulting from:
- Interruptions, viruses, technical issues, interferences, omissions, unavailability, power cuts, or failures of telecommunication networks or User’s equipment not attributable to Highfile Company.
- Delays or unavailability of the Highfile Website and Services due to Internet traffic, communication network issues, or electricity grid problems.
- Actions of third parties.
- Unavailability of the Highfile Website and Services due to maintenance or software updates.
- Events beyond Highfile Company’s direct control.
Except for cases of wilful misconduct by Highfile Company, and where applicable law mandates liability, the use of the Highfile Website and Services is at the sole risk of the User. Highfile Company shall not be liable for any damage arising from the use of the Highfile Website and/or Services.
6. Intellectual Property
Ownership and Rights
All intellectual property rights over the Highfile Website, the Services, Highfile Content, its design, source code, and all included content (texts, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to Highfile Company.
Use Restrictions
Except as expressly authorized under these Terms, it is strictly forbidden to reproduce, distribute, transform, create derivative works, publicly communicate, make available, extract, reuse, or use any part of the Highfile Website, Services, or Highfile Content.
Reporting Infringements
If Users believe any content on the Highfile Website infringes third-party rights or does not comply with these Terms, they should report it to Highfile Company as indicated in the designated contact section. Users can also email Highfile Company at the provided email address ([email protected]) for copyright complaints.
7. Licensing Agreement for Highfile Contents
License Grant
Highfile Company authorizes Users to access, download, and use Highfile Templates and Adapted Contents under this clause. All rights regarding Highfile Contents and Adapted Contents not explicitly granted are reserved by Highfile Company or its licensors.
Highfile Company grants Users a limited, non-exclusive, non-transferable license with worldwide scope for the duration of the rights. This license allows Users to download, use, and modify Highfile Templates and Adapted Contents on a device owned or controlled by the User, but only for purposes and uses authorized by these Conditions.
Definitions for Clarity
- Highfile Templates: These are presentation templates available for direct download from the Highfile Website, without any user modifications, in either Editable or Non-editable Format.
- Adapted Content: Refers to any Highfile Templates modified by the User, alone or with a User Team, to meet their needs, in either Editable or Non-editable Format.
- Editable Format: A format that allows modifications to the file by the User or a third-party.
- Non-editable Format: A file format that only permits reading and any modifications under described terms.
Permitted Uses of Highfile Templates
- Users can download any Highfile Template for uses allowed under these Terms and Conditions.
- Users can adapt and transform Highfile Templates to create presentations (Adapted Content) tailored to their needs.
- Highfile Templates can be shared with individuals who are part of the same team or organization as the User (User Team) for the purpose of collaborating on the creation or modification of Adapted Content.
Permitted Uses of Adapted Contents
- Adapted Contents in Editable Format can be shared with the User Team.
- Adapted Contents in Non-editable Format can be used for personal, professional, commercial, educational, and advertising presentations. They can be published in online publications, including websites, blogs, and social media, as long as attribution requirements are met and the publication doesn’t imply licensing, resale, or distribution.
- Other uses may be approved in writing by Highfile Company.
Prohibited Uses
- Users cannot resell, assign, transfer, sublicense, or make Highfile Templates or Adapted Contents available to third parties, except as permitted in this section.
- Isolated use of elements from Highfile Templates or Adapted Contents is not allowed. Elements must be downloaded directly from Highfile’s authorized sources.
- Users cannot use Highfile Templates or Adapted Contents in a way that implies an association or endorsement by Highfile Company.
- Usage in a database, file, or product that offers similar content for distribution or resale is prohibited.
- Usage of elements from Highfile Templates in a brand or logo or implying endorsement is restricted.
- Highfile Templates cannot be used for machine learning, AI, or similar technologies, nor in ways that identify individuals.
- The use of Highfile Contents in any defamatory, offensive, obscene, immoral, or illegal manner is strictly forbidden.
Attribution Requirements
Users must credit the creators or rights owners of the original content included in the Highfile Contents and Adapted Contents in all presentations. Users must not remove any attribution section generated by the Website and must ensure compliance with attribution obligations by others who are shared the content. Use of Highfile Templates and Adapted Content without acknowledging Highfile Company is possible only under a subscription, with conditions in Section 8 applying.
Failure to adhere to these conditions will result in the automatic termination of the User’s rights, compelling the User to cease all use of Highfile Contents and destroy any copies.
8. Conditions for the Subscription on Highfile.com
Subscription Terms Overview
The Subscription Terms in this section govern the purchase and use of any subscription (“Subscription”) on Highfile.com. By completing the purchase process for a Subscription, the User acknowledges and accepts these Subscription Terms without exception. These terms are in addition to the general Terms of Use and are applicable specifically to Users who have purchased a Subscription.
Availability and Accessibility
- The Subscription Terms are presented to the User before the purchase and can be stored or reproduced on a durable medium.
- Users interested in purchasing a Subscription must follow the instructions provided on Highfile.com, which may be updated periodically.
Subscription Details
- Information about available Subscriptions, including prices, conditions, and any limitations (like the number of downloads each month), is detailed on Highfile.com.
- Highfile Company reserves the right to modify, add new services to, or cease offering certain Subscriptions at any time. Changes will be applied to future purchases and renewals.
- Subscriptions are personal and non-transferable. They are intended for use by the purchasing User only and cannot be shared with or used by third parties, including affiliates or entities within the same group of companies.
Pricing and Payment
- Subscription prices are listed in the appropriate currency on Highfile.com and include applicable taxes.
- Prices are subject to change, and any changes will be effective upon new purchases or renewals.
- Subscriptions must be paid for in advance using the payment methods available on Highfile.com. Payment processing is conducted through third-party sites.
- Upon successful payment, the Subscription is activated immediately for the purchased term.
Renewal and Cancellation
- Unless stated otherwise, Subscriptions will automatically renew at the end of each term. Users can cancel the renewal before the expiration of the current term.
- For renewals, the payment will be charged using the same method as the initial purchase. Users will be notified at least one month in advance of any price changes for renewals.
Confirmation and Receipt
- After purchasing a Subscription, Users will receive a confirmation on-screen and via email within 24 hours, including a receipt that can be stored and printed.
- Users can request and download an invoice from Highfile.com within 48 hours after payment.
Subscription Benefits
- Users with a Subscription can use Highfile Templates and Adapted Content without the need for crediting Highfile Company.
- Subscribers are allowed to share Highfile Templates and Adapted Content in Editable Format with third parties outside their team or organization.
- Subscribers gain access to all contents on Highfile.com, including exclusive materials available only to Premium Users.
- Ad-free usage of the Website and exemption from certain download restrictions are additional benefits for subscribers.
Digital Content Policy
- As the content on Highfile.com is digital, there is no right of cancellation for Subscriptions, subject to consumer protection regulations that may apply.
9. Changes and Closure of the Highfile Website
Modification and Termination Rights
Highfile Company reserves the right to alter the content, structure, or features of the Highfile Website or its Services at any time. This includes modifying terms, limiting, discontinuing, or ceasing the provision of all or some of the Services and features. Highfile Company may also deactivate or delete User accounts and their corresponding information without incurring any responsibility towards the User.
Compliance with Record-Keeping
In the event of any changes or closure, Highfile Company will adhere to legal obligations concerning the retention of records related to certain transactions for the relevant period as mandated by applicable laws.
10. General and Contact Information
Governing Law
- The use of the Highfile Website and its Services is governed by the laws of the jurisdiction in which Highfile Company is registered. Unless mandatory jurisdictional laws apply, disputes arising from these Terms will be subject to the jurisdiction of the courts in the registered location of Highfile Company, and both parties waive any other jurisdiction.
Online Dispute Resolution
- In compliance with Regulation (EU) 524/2013, Users who qualify as consumers have access to the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr/. This platform provides a mechanism for resolving disputes related to online transactions.
Invalidity and Unenforceability
- Should any provision of these Terms be found invalid or unenforceable, it will be considered as not included, without affecting the remainder of the Terms.
Contact Information
- For inquiries, support, or claims related to the Highfile Website or Services, Users can contact Highfile.com at [email protected].