Terms & Conditions
Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the via higames.pro, digital television, PDA, mobile phone and RSS feeds. In these terms and conditions, when we say the “higames.pro site” or “our site” we mean the digital information network operated by or on behalf of higames.pro Company. However you access higames.pro site (whether via a third party site, app, link or otherwise), you agree to be bound by these terms and conditions.
Though you should read all sections carefully, your attention is specifically drawn to the following sections of these terms and conditions: section 1 (which concerns your use of material on higames.pro site), section 2 (which sets out our disclaimers of liability), section 4 (which concerns the content you submit to us) and section 8 (the indemnification you provide to us for your breach of these terms and conditions).
If you have accessed higames.pro site from the United States or Australia, you also agree to be bound by the additional terms contained at the end of these terms and conditions.
If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel or restrict your access to all or part of higames.pro site immediately and without prior notice.
Use of material appearing on higames.pro site
You acknowledge that, as between higames.pro and you, except for user content and advertisements (as discussed below), higames.pro is the sole owner or the licensee of all content on higames.pro site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video, URLs, metadata and other material appearing on higames.pro site (“higames.pro Content”). higames.pro site and higames.pro Content are protected by the copyright laws and other intellectual property laws of the United Kingdom, the United States and Australia and are protected globally by applicable international copyright treaties.
Your use of higames.pro site and higames.pro Content is for your own personal and non-commercial use only. You may download and print extracts from higames.pro Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
Without limitation, you shall not use (and you shall also not facilitate, authorise or permit the use of) higames.pro site and/or any higames.pro Content (including, any caption information, keywords or other associated metadata) for any other purpose without our prior written approval – this includes, without limitation, that you shall not use, copy, scrape, reproduce, alter, modify, collect, mine and/or extract higames.pro Content: (a) for any machine learning, machine learning language models and/or artificial intelligence-related purposes (including the training or development of such technologies); (b) for any text and data aggregation, analysis or mining purposes (including to generate any patterns, trends or correlations); or (c) with any machine learning and/or artificial intelligence technologies to generate any data or content or to synthesise or combine with any other data or content; or (d) for any commercial use.
Other than as expressly set out in these terms and conditions, or otherwise approved in writing by higames.pro, you shall also not use, or facilitate, authorise or permit the use of, any (i) “robot”, “bot”, “spider”, “scraper”, “crawler” or (ii) other automated device, program, technique, tool, process, algorithm or method (whether for data gathering, mining, collection, reading, scraping, extraction or other purposes), in each case, on or in relation to higames.pro site and/or higames.pro Content.
You shall not use any service, software, device, tool, method, program, technique, algorithm or process to circumvent any restriction, condition, protection or technological measure that controls access to higames.pro Content in any way, including bypassing or circumventing any access controls or use limits of higames.pro Content (including, by way of example, robots.txt internet protocols or similar or successor protocols).
For the avoidance of doubt, higames.pro reserves all rights in higames.pro Content, (including for the purposes of Article 4(3) of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC) and similar reserved rights in other jurisdictions, in each case, to the maximum extent permitted by applicable laws.
Except as expressly authorised by higames.pro, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on higames.pro site.
Our robots.txt notice does not, and shall not, constitute higames.pro’s permission or approval for the purposes of these terms and conditions. These terms and conditions shall prevail in all respects over our robots.txt notice.
If you wish to use our content other than as permitted by these terms and conditions, or as otherwise set out in higames.pro’s Open Licence Terms, please contact us at higames.pro or visit our Licensing website
If you operate a media monitoring service , then you are obliged to contact NLA Media Access Ltd directly to discuss your licensing requirements.
Disclaimer of liability
To the extent permitted at law, we do not accept any responsibility for any statement in higames.pro Content. Nothing in higames.pro Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to higames.pro Content or any part of it. You can access other sites via links from higames.pro site. These sites are not under our control and we are not responsible in any way for any of their contents.
Although we will do our best to provide constant, uninterrupted access to higames.pro site, we do not guarantee this. We accept no responsibility or liability for any unavailability, interruption or delay.
If you are accessing higames.pro site from the United States or Australia, the additional disclaimers and limitations of liability in Sections 14 onwards apply.
Third party advertising on higames.pro site
You will see advertising material submitted by third parties on higames.pro site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
If you want to advertise on higames.pro site, please contact the sales team via this online form. higames.pro is the sole direct seller of advertising on higames.pro site. You shall not deal with any third parties in relation to the sale and placement of advertisements on higames.pro site, except for those third parties approved by higames.pro from time to time.
User content
Users of our site may be permitted to submit content for publication in various areas of higames.pro site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at higames.pro which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to higames.pro Site.
When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to higames.pro site.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereafter invented.
You acknowledge and agree that when you post content on higames.pro site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of higames.pro, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on higames.pro site.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use higames.pro site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of higames.pro site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of higames.pro site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use higames.pro site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
You understand that the technical processing and transmission of higames.pro site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. higames.pro assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to higames.pro site.
If you are under 16, you confirm that you have permission of your parent or higames.pro to submit content.
Any queries regarding copyright and your content should be directed in the first instance to higames.pro
Readers of our print products submitting content to higames.pro News & Media should read our terms here.
Data protection
To find out what personal data we collect and how we use it, please visit our privacy policy at higames.pro
Changes to these terms and conditions of use
Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on higames.pro site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use higames.pro site after it has been posted.
Governing law & jurisdiction (except for US users)
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts, provided that use of higames.pro site in the United States is governed by the Section below entitled Governing law & jurisdiction (for US users).
Indemnification
You agree to defend, indemnify, and hold harmless higames.pro, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees, in full from any and all damages, losses, demands, claims, liabilities, costs, and expenses (including, but not limited to, loss of profits, loss of revenue and attorneys’ fees and expenses), arising out of, or in connection with, a breach by you or any user of your account of: (i) these terms and conditions or privacy policy or (ii) your obligations, representation and warranties under these terms and conditions.
No waiver
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of higames.pro.
Additional terms of use for users in the United States and Australia
Additional restrictions on user content for US users
In addition to section 6 above, you agree not to use higames.pro site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on higames.pro site infringes upon your copyrights, you may submit a notification pursuant to Title 13, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
higames.pro’s designated copyright agent to receive notifications of claimed infringement is: higames.pro. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Governing law & jurisdiction (for US users)
If you have accessed higames.pro site from the US, these terms and conditions are governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with higames.pro or relating in any way to your use of higames.pro site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving higames.pro News & Media LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of higames.pro site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
Additional disclaimers (for US and Australian users)
Visitors to higames.pro site agree that their use of higames.pro site is at their own sole risk. higames.pro site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of higames.pro site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. higames.pro also makes no representations and warranties as to any linked sites and higames.pro has no liability or responsibility with respect to your use of such sites. In some instances, content made available on higames.pro site may represent the opinions and judgments of providers or users, such as user content. higames.pro and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on higames.pro site by anyone other than authorised higames.pro employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by higames.pro site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on higames.pro site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. higames.pro does not warrant or guarantee that access to higames.pro site will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability (for US and Australian users)
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL higames.pro OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE higames.pro SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN higames.pro SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF higames.pro SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, higames.pro’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING higames.pro’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Exclusion of warranties (for Australian users)
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by higames.pro of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on higames.pro are expressly excluded under these terms and conditions.
Non-Excludable Obligations (for Australian users)
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), higames.pro’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
CONTACT US
Address: De Fruittuinen 10, 2132 NZ Hoofddorp
Tel.: 0237434965
Email: contact@higames.pro