This website is operated by High Five Videos Pty Ltd (“High Five Videos,” “we,” or “us”). This page explains the terms which govern your use of the High Five Videos platform that is contained at www.highfivevideos.com and all content made available therein for use by subscribers to the platform (the “Service”). By accessing or using the Service, you agree to be bound by these Terms and Conditions (“Terms”) and to the collection and use of your information as set forth in the High Five Videos Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, editors, subscribers, contributors and others who access the Service (“users” or “you”). If you do not agree to the Terms or Our Privacy Policy, you are not authorised to access or use the Service.
These Terms make reference to the terms of the following additional documents (“Agreements”), entered into between High Five Videos and various users of the Service:
High Five Videos operates an online video content platform and licensing service.
Your use of the Service shall only be in terms of a binding agreement with High Five Videos, and only in compliance with these Terms and all applicable laws of the Republic of South Africa and, to the extent permissible, international laws.
By accessing or using our Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. Anyone under the age of 18 is not permitted to use or access the Service, unless their use of the Service is expressly authorised by their parent or guardian or another authorised adult who agrees to be bound by these Terms. Any use or access to the Service by a child who is not directly supervised by an adult is strictly prohibited and in violation of these Terms. If you are accessing or using the Services on behalf of a company or other legal entity, you further represent and warrant that you have the authority to bind that entity to these Terms. By using the Service, you represent and warrant that you have the full right, power and authority to be bound by these Terms and to fully perform all of your obligations hereunder.
The Service may not be available to any users previously removed from the Service by us. Any attempt by you or any other individual to deliberately damage the Service or undermine the legitimate operation of the Service may be a violation of criminal and/or civil law, and should such an attempt be made, High Five Videos reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by law.
Subject to these Terms, the Agreements will set out the extent of your rights as an editor, contributor or subscriber to the Service, respectively. High Five Videos reserves all rights not expressly granted herein in the Service and the content contained on the Service (“High Five Videos Content”). High Five Videos may terminate a subscription or license in respect of any High Five Videos Content at any time for any reason stipulated in the Subscription Agreement.
ONCE A LICENSE HAS BEEN TERMINATED, YOU MAY NOT CONTINUE TO USE THE CONTENT THAT YOU OBTAINED FROM THE SERVICE.
Additional terms may apply in respect of any content that you create, upload or download (as contemplated in the Agreements) on the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads or downloads.
Your High Five Videos account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users for example “editors”, “contributors” or “subscribers”. If you open a High Five Videos account on behalf of a company, organisation, or other entity, then “you” includes you and that entity. By connecting to High Five Videos with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may not grant any other party to access or use the Service with your username, password, or other security code. You must notify High Five Videos immediately of any breach of security or unauthorised use of your account. High Five Videos will not be liable for any losses caused by any unauthorised use of your account.
By providing High Five Videos your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive marketing email messages, you may opt out or change your preferences in your settings page.
You agree not to engage in any of the following prohibited activities:
Some areas of the Service allow users to submit post, display, publish or otherwise make available content such as footage, videos and video clips (“User Content”) on or via theService. You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content, including any third-party Intellectual Property Rights incorporated therein.
If you share a third-party’s content on the Service, you must ensure that you are permitted to do so under the laws applicable to you (including having a licence or their consent) and provide attribution (unless the third party waives this right or hasn’t consented to their personal information being shared on the Service).
For users who wish to become editors and post, display, publish or otherwise make available User Content using our platform, the Editor Agreement must be agreed to.
For those who want to contribute User Content to High Five Videos, to be licensed to other users, you must sign the Contributor Agreement.
Lastly, if users wish to access, view or download User Content from High Five Videos, they must agree to the terms of Subscription Agreement.
High Five Videos shall create its own footage, videos and video clips (“High Five Videos Content”), which it shall make available through the Service.
The High Five Videos Content, User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of High Five Videos and its licensors.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any High Five Videos Content. Use of the High Five Videos Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Except for the User Generated Contributions, you provide to High Five Videos, all materials on the Service are exclusively owned by us or our licensors.
You may choose to, or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place High Five Videos under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, High Five Videos does not waive any rights to use similar or related ideas previously known to High Five Videos, or developed by its employees, or obtained from sources other than you.
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You agree that High Five Videos has the absolute right to manage, regulate, control, modify and/or eliminate High Five Videos property as it sees fit in its sole discretion, in any general or specific case, and that High Five Videos will have no liability to you based on its exercise of such right.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on High Five Videos’s servers, may be deleted, altered, moved or transferred at any time for any reason in High Five Videos’s sole discretion, with or without notice and with no liability of any kind. High Five Videos does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on High Five Videos’s servers.
We care about the privacy of our users. Our Privacy Policy sets out how we collect, use, disclose and store your personal information and how it is transferred to and processed inin the Republic of South Africa. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.
Your privacy is important to us, and we only process your personal information in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013.
We respect artist and content owner rights, accordingly, it is High Five Videos’ policy to respond to alleged infringement notices that comply with the Copyright Act 98 of 1978.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us at support@HighFiveVideos.com.
High Five Videos has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. High Five Videos may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services may contain links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content').
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these Terms no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third- Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites
You agree to defend, indemnify and hold harmless High Five Videos and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy,publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
We will notify you promptly of any claims against you and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. If High Five Videos suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.
To the extent permitted by applicable law, in no event shall High Five Videos, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service, including without limitation, your submission of User Content. Under no circumstances will High Five Videos be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, High Five Videos assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; (vii) User Content or the defamatory, offensive, or illegal conduct of any third party; and/or(viii) financial loss from purchasing a High Five Videos subscription from an unauthorised reseller; and/or (ix) loss or deletion of User Content. In no event shall High Five Videos, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to High Five Videos hereunder or $ 1 000, whichever is greater.
No action, regardless of form or nature, arising out of these Terms may be brought by or on behalf of you more than one (1) year after the cause of action first arose.
Notwithstanding anything to the contrary contained herein, High Five Videos shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, or other content, any additions or combinations of User Content with other content, or the context in which the User Content, or other content is used by you.
This limitation of liability section applies whether the alleged liability is based on contract, delict, negligence, strict liability, or any other basis, even if High Five Videos has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
The Service is controlled and operated from its facilities in South Africa and High Five Videos makes no representations that the Service is appropriate or available for use in otherlocations. Those who access or use the Service from other jurisdictions do so of their own volition and are entirely responsible for compliance with all applicable laws of South Africa.
We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $1 000, or however much you paid to us.
The service is provided on an “as is” and “as available” basis and we do not provide any guarantees with respect to the Service. Use of the Service is at your own risk. To the extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, High Five Videos, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
High Five Videos does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the High Five Videos service or any hyperlinked website or Service, and High Five Videos will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Any disputes arising out of or relating to these Terms, the Privacy Policy or use of the Services will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of the Service must be brought before the Gauteng Division of the High Court, Pretoria, and you irrevocably consent to the exclusive jurisdiction and venue of such court.
If a dispute between the parties arises out of or is related to these Terms, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If, after 30 (thirty) days from the date upon which the dispute was declared by a party by written notice, the dispute is not resolved the matter shall be determined in accordance with the following provisions.
Save in respect of those provisions of these Terms which provide for their own remedies which would be incompatible with arbitration, or in the event of either party instituting urgent action against the other in any court of competent jurisdiction, any dispute arising from or in connection with the Terms will be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa ('AFSA') by an arbitrator or arbitrators appointed by AFSA.
The arbitration shall be held:
The parties irrevocably agree that the decision in arbitration proceedings shall be final and binding upon them; shall be carried into effect; and may be made an order of any court of competent jurisdiction.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by High Five Videos without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
The Terms, the Agreements any amendments and any additional agreements you may enter into with High Five Videos in connection with the Service, shall constitute the entire agreement between you and High Five Videos and shall supersede any prior agreement, understanding or arrangement between you and High Five Videos. Both you and us acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to You in writing.
High Five Videos may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms materially, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If you have any questions about this Terms, please contact us at support@HighFiveVideos.com.