Terms of Use
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you”, “User”) and High Editions, LLC (“Company”, “we”, “us”, “our”), a Delaware limited liability company with its principal place of business at 131 Continental Dr Suite 305, Newark, DE 19713, US, governing your access to and use of the website, web-based tools and games, iOS applications, and any other products, features, or services offered by High Editions (collectively, the “Services”). The Services include, without limitation, projects such as CastAway and any future or discontinued offerings. By accessing or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
1. Eligibility and acceptance
You must be at least 13 years of age (or the minimum age in your jurisdiction to consent to terms) to use the Services. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms. Use of our iOS applications may be subject to additional terms imposed by Apple or the App Store; those terms apply in addition to these Terms. Your continued use of the Services after we post changes to these Terms constitutes your acceptance of the revised Terms.
1A. License grant and App Store terms (iOS applications)
If you obtained an application from the Apple App Store (“Application”), we grant you a limited, non-exclusive, non-transferable license to use the Application on any Apple-branded device that you own or control, in accordance with the Usage Rules set forth in the Apple App Store Terms of Use. You may not use the Application in any manner that violates the App Store Terms of Use or these Terms. You may not copy (except as permitted by the Usage Rules), modify, distribute, or create derivative works of the Application. We reserve all rights not expressly granted. If you have paid for the Application or any in-app purchase, such purchase is processed by Apple; refund requests must be directed to Apple in accordance with Apple’s refund policy. We do not provide refunds for purchases processed by Apple. You acknowledge that Apple has no obligation to furnish any maintenance or support for the Application.
Third-party beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of these Terms.
1B. Export and compliance
You agree to comply with all applicable export and import laws and regulations of the United States and other jurisdictions. You represent that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You may not use or export the Services in violation of any such laws or regulations.
2. Description of the Services
High Editions, LLC operates under the brand High Editions as an independent digital studio. We provide creative tools, games, experiments, and applications on the web and on other platforms (including iOS via the App Store). The Services are offered for personal, non-commercial use unless we expressly state otherwise in writing. We reserve the right to modify, suspend, discontinue, or restrict any part of the Services at any time, with or without notice. We do not guarantee that any specific feature, project, or platform will remain available. We are not obligated to provide support, updates, or maintenance.
3. Prohibited uses and illegal activities
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates applicable local, national, or international law or regulation.
- To transmit, store, or facilitate any illegal content or activity, including but not limited to fraud, harassment, defamation, obscenity, infringement of intellectual property rights, or violation of privacy or publicity rights.
- To pirate, copy, reproduce, distribute, or create derivative works from the Services or any content, code, or materials we provide, except as expressly permitted in these Terms or in a separate written agreement.
- To reverse-engineer, decompile, disassemble, or attempt to derive source code from the Services, or to circumvent any technical protection measures, access controls, or usage limits.
- To use the Services to develop or distribute any competing product or service, or to scrape, crawl, or use automated means to extract data or content from the Services in an unauthorized manner.
- To interfere with or disrupt the integrity or performance of the Services, or any third-party systems or networks connected to the Services.
- To impersonate any person or entity, or to misrepresent your affiliation with us or any third party.
- To resell, sublicense, or commercially exploit the Services or any output from the Services in a way we have not expressly permitted in writing.
We reserve the right to investigate suspected violations and to cooperate with law enforcement. We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if we believe you have violated these Terms or engaged in illegal or harmful conduct.
4. Intellectual property, copyright, and our rights
The Services, including but not limited to all software, code, scripts, design, text, graphics, logos, icons, images, audio, video, and other content and materials, and the selection, arrangement, and “look and feel” thereof, are the exclusive property of High Editions, LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws of the United States and other jurisdictions. You do not acquire any ownership or rights in the Services by using them. We reserve all rights not expressly granted to you hereunder.
You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services or any part thereof, except (a) as necessary to use the Services in the manner we intend, or (b) as we may expressly permit in writing (e.g. for exported output as described below). You may not remove or alter any copyright, trademark, or other proprietary notices. Unauthorized use may result in legal action and we will enforce our rights to the fullest extent permitted by law.
Where a project allows you to export or download output, you may use that output for your own personal or permitted commercial use subject to these Terms and any project-specific terms. We do not claim ownership of your original uploaded content; we do not claim ownership of exported output. Your use of exported output must not infringe any third-party rights or these Terms.
5. User content and tools that use your media
Some projects may allow you to upload, capture, or use your own images, video, or camera feed. You retain ownership of content you create or upload (“User Content”). By submitting or using User Content in the Services, you grant us a limited, non-exclusive, royalty-free license to process, display, and use such content solely as necessary to provide the functionality of the Services (e.g. processing in your browser or on our systems to generate output). We do not claim ownership of your User Content. To the extent we process User Content on our servers, we do not use it for any purpose other than to provide the feature you requested. You represent and warrant that you own or have the necessary rights to use and grant this license for your User Content, and that your User Content does not violate any law or third-party rights. You are solely responsible for your User Content. We may remove or refuse to process User Content that we believe violates these Terms or applicable law.
6. CastAway and third-party movie data (TMDB)
The project CastAway uses publicly available movie and television data provided by third-party sources. In particular, it may use data and images from The Movie Database (TMDB) (https://www.themoviedb.org/). TMDB is a community-built database; we do not own, control, or guarantee the accuracy, completeness, or legality of any data or images obtained from TMDB or any other third-party source.
Such data (including titles, release dates, cast, crew, plot summaries, images, and related information) is displayed for informational and entertainment purposes only. We are not responsible for any errors, omissions, or inaccuracies in that data. We are not responsible for any claims by third parties (including rights holders) relating to such data or your use of it. Your use of CastAway or any other project that displays third-party data is at your sole risk. By using these projects, you acknowledge that the data is provided “as is” and that we have no obligation to verify or update it. TMDB’s own terms and policies apply to the underlying data; we encourage you to review them.
7. Third-party services and links
The Services may contain links to or depend on third-party websites, APIs, platforms, or services (including the App Store, The Movie Database, payment processors, or other data providers). If you make any purchase through the App Store or other platform, that transaction is between you and Apple (or the relevant platform); we do not receive or store your payment card details. Refunds for such purchases are handled by the platform in accordance with its policies. We do not endorse and are not responsible for any third-party content, privacy practices, terms, or conduct. Your use of third-party services is at your own risk and subject to their respective terms and policies. We shall not be liable for any loss or damage arising from your use of or reliance on any third-party service or content.
8. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT (INCLUDING THIRD-PARTY DATA) DISPLAYED IN OR THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL High Editions, LLC, ITS MEMBERS, MANAGERS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY USER CONTENT, ANY THIRD-PARTY CONTENT OR DATA (INCLUDING TMDB OR OTHER EXTERNAL SOURCES), UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OR ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). IF YOU HAVE PAID NOTHING, OUR LIABILITY SHALL NOT EXCEED ZERO.
Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. In such jurisdictions, our liability will be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless High Editions, LLC, its members, managers, affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) your User Content, (c) your violation of these Terms or any applicable law, (d) your violation of any third-party rights, or (e) any dispute between you and any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
10A. Termination
You may stop using the Services at any time. We may terminate or suspend your access to the Services, or any part thereof, at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Services ceases immediately. All provisions of these Terms that by their nature should survive termination (including without limitation Sections 4 (Intellectual property), 8 (Disclaimers), 9 (Limitation of liability), 10 (Indemnification), and 11 (Governing law)) shall survive. We shall not be liable to you or any third party for any termination of your access.
11. Governing law and disputes
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
12. Entire agreement and changes
These Terms, together with our Privacy Policy and Cookie Policy (and any project-specific terms we may publish), constitute the entire agreement between you and High Editions, LLC regarding the Services and supersede any prior or contemporaneous agreements, communications, or understandings. We may modify these Terms at any time. We will indicate changes by updating the “Last updated” date at the top. We may also notify you of material changes by posting a notice on the website or through the Services. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Services.
13. Contact
For questions regarding these Terms, please contact us: High Editions, LLC, 131 Continental Dr Suite 305, Newark, DE 19713, US. Email: studio@higheditions.com.