Hi5 Terms of Service

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  • Even if you merely surf or browse through the Website, this Agreement immediately becomes applicable to you. If you do not like it, continue surfing-don’t stay on hi5. (1)
  • Terms of this agreement can be changed at any time, so in case you again surf through this site, don’t forget to study the agreement for any updates.
  • You will also not like to miss the Additional terms “which may be posted from time to time”. In addition, you may also like to read the conditions of any other providers linked to hi5.
  • You have to be at least 13 years, and you will “represent and warrant that you have the right, authority, and capacity to enter into this Agreement”. Meaning, you have the intelligence, time and patience to go through all this at 13 years! (1)
  • Guard your password as you are solely responsible for its use. So don’t let your 11 year old brother wheedle you into giving out your password-you are responsible for whatever he writes about the School Principal! (2)
  • Either you or the hi5 can terminate the membership at any time. You don’t get any refund of fees if the termination is for breach of any condition. Clearly, you can reclaim a refund in other cases. (3)
  • Membership is purely for personal use. Organizations can’t use it. (4)
  • You can copy with permission or something which is in public domain. (5)
  • Your content may be reviewed and rejected or deleted if it is offensive or inappropriate. (6)
  • (6) You will have to confirm that whatever you have posted is your work, after which you give up all attachment to it. hi5 or somebody else may take some extract from it and put it in some ad or whatever. You may lend your name in support of something without being aware of it!(6)
  • You will not post any offensive or inappropriate content. (6)
  • You won’t support buying any pirated material. (6-e)
  • Your content should not contain “any restricted or password only access pages, or hidden pages or images”.(6-f)
  • You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. (6-k)
  • And no business—you can’t even try to sell your stamp collection or the 11 pups that your Doberman has just delivered. (6-k)
  • Though hi5 has no control over what you do when you are not on hi5, it is still concerned that you should not use information collected here to harass or embarrass people. It may (therefore) restrict the number of emails you can send to other members. (6-k)
  • Don’t use anybody’s photograph without his permission. (7)
  • Don’t upload any pirated music. (8)
  • hi5 will not normally meddle in any quarrel between you and any other member, but they can monitor it. (10)
  • You won’t blame hi5 for any deficiency in service. Not only this, if you are a resident of California, you will waive California Civil Code Section 1542, created to enable people like you deal with such agreements. (12)
  • There are no warranties but if you are lucky your State will not allow such waivers of warranties. (13)
  • Any claim for damage is limited to greater of fees paid by you or $50! But again you may be lucky and may be resident of a State which does not allow such limitations.(14)
  • Laws of California apply, and state courts located in San Francisco, California (USA) and the federal courts located in the Northern District of California (USA) have the jurisdiction. For any claims of less than $5000, you will have the option to go for arbitration. (16)
  • You confirm that if any third party has a claim, you will indemnify hi5—that is pledge not to bother them about it and face it yourself. (18)

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