Acceptable Use Policy

Last Updated: Wednesday, November 27, 2024

  1. introduction

Thank you for choosing Hart and Highland LLC (“Hart and Highland” “we”, “us”, “our”). This Acceptable Use Policy (“Agreement”) is an integral part of the Terms. This Agreement is between us and you, the users (“user” “you” “your”) who access and use our services through our mobile application, our website at: www.hartandhighland.com, media form, media channel, mobile website, and related, linked, or otherwise connected thereto (“hereinafter collectively referred to as the “Platform”). This Policy is intended to promote the lawful and responsible use of our services and protect the rights of Hart & Highland

  1. Permitted Use

HART & HIGHLAND LLC MAKES REASONABLE EFFORTS TO ENSURE THAT ALL VIDEOS IN OUR LIBRARY ARE ORIGINAL OR PROPERLY SOURCED. HOWEVER, WE CANNOT GUARANTEE THAT ALL CONTENT WILL BE FREE FROM CLAIMS OF INTELLECTUAL PROPERTY (IP) INFRINGEMENT.

    1. You may use our Platform only for lawful purposes and in accordance with this Agreement. Permitted uses include:

      1. 2.1.1.Downloading and Using Licensed Videos

You may download and use licensed videos from our library, provided that such use complies with the terms of the digital license. This includes:

        1. 2.1.1.1.Downloading videos solely for personal, professional, or commercial use within the scope of the license granted.

        2. 2.1.1.2.Storing downloaded videos securely to prevent unauthorized distribution or access.

        3. 2.1.1.3.Ensuring all uses of the videos align with this Policy and applicable laws.

      1. 2.1.2.Displaying and Incorporating Videos

        1. 2.1.2.1.You may display, incorporate, or otherwise use licensed videos for personal, professional, or commercial purposes, provided:

        2. 2.1.2.2.

        3. 2.1.2.3.The videos are used as part of lawful projects, campaigns, or other activities.

        4. 2.1.2.4.The use does not misrepresent the origin of the content or violate applicable intellectual property laws.

        5. 2.1.2.5.The videos are not altered or presented in a way that harms the reputation or integrity of Hart & Highland LLC.

        6. 2.1.2.6.The videos are not used in any context that promotes hate speech, discrimination, or unlawful activities.

      2. 2.1.3.Engaging with the Platform

        1. 2.1.3.1.You are encouraged to engage with our Platform to:

        2. Review examples of our work, including photography, videography, design, and marketing projects, for inspiration or evaluation.

        3. Explore and learn more about our list of services, team approach, and areas of expertise.

        4. Use provided contact methods to connect with us for inquiries, schedule calls, or request quotes for customized services.

      3. 2.1.4.Compliance with Licensing Terms

        1. 2.1.4.1.All use of licensed content must adhere to the specific terms outlined in the digital license agreement, including:

  1. Ensuring videos are used only for the purposes permitted under the license.

  2. Avoiding redistribution, resale, or incorporation into competing services.

  3. Retaining any embedded or attached metadata indicating ownership or licensing.

      1. User Responsibility

        1. It is your responsibility to ensure that all usage complies with the following:

  1. Relevant intellectual property laws and any other applicable legal regulations.

  2. The specific restrictions and permissions provided under this Policy and the licensing agreement.

  3. By using the Platform, you acknowledge and agree that permitted uses are subject to these terms and conditions. Failure to adhere to the outlined uses may result in suspension or termination of access, as well as additional legal action as deemed necessary.

  4. You are solely responsible for ensuring that your use of any licensed video complies with all applicable laws, regulations, and third-party intellectual property rights.

  5. Any modifications, edits, or alterations made by you to the licensed videos are done at your own risk. Hart & Highland LLC is not responsible for any claims arising from changes you make to the original content. If a third party asserts that your use of a licensed video violates their intellectual property rights, you bear full responsibility for resolving such claims, including any associated costs, such as advertising fees, damages, or settlements.

  6. Hart & Highland LLC shall not be held liable for any fees, costs, or damages incurred by you as a result of using licensed videos in advertisements, campaigns, or other materials, even if a third party claims that the content violates their intellectual property rights.

  1. Prohibited Use

You may not use our Platform, or any content accessed through it, for any unlawful or prohibited purposes. Prohibited uses include, but are not limited to, the following:

    1. Violation of Rights

      1. 3.1.1.Unauthorized Distribution: Reselling, sublicensing, or redistributing licensed videos, images, or other content obtained from Hart & Highland LLC.

      2. 3.1.2.Intellectual Property Infringement: Using our content in a way that infringes on copyrights, trademarks, patents, or other intellectual property rights, including altering, duplicating, or misrepresenting the ownership of the content.

      3. 3.1.3.Unlawful Use: Exploiting our content for any purpose that violates applicable local, national, or international laws.

    2. Competing Services

      1. 3.2.1.Competitive Use: Incorporating our videos or other content into a product or service that directly or indirectly competes with Hart & Highland LLC’s offerings, such as photography, videography, design, or subscription services.

      2. 3.2.2.Unauthorized Replication: Using our content as a core component of a new service or platform intended to compete with our Platform or dilute our brand.

      3. 3.2.3.Harmful Activities

      4. 3.2.4.Technological Disruption: Engaging in activities that disrupt the operation of our Platform, servers, or other infrastructure, including:

      5. 3.2.5.Uploading, transmitting, or sharing any viruses, malware, or harmful software.

      6. 3.2.6.Launching denial-of-service (DoS) attacks or other disruptive actions targeting our systems or users.

      7. 3.2.7.Unauthorized Access: Attempting to hack, gain unauthorized access to, or bypass security measures protecting the Platform or Services..

    3. Misrepresentation

False Affiliations: Using Hart & Highland LLC’s name, brand, logo, or any content to falsely imply an affiliation, sponsorship, or endorsement.

Deceptive Practices: Presenting yourself, your business, or your content in a way that misleads others regarding the origin, approval, or purpose of Hart & Highland LLC’s materials.

    1. Inappropriate Use of Content

      1. 3.4.1.Offensive or Illegal Contexts: Using our videos or content in projects or campaigns that promote violence, hate speech, discrimination, unlawful conduct, or any other offensive or harmful purposes.

      2. 3.4.2.Moral and Ethical Concerns: Using our content in ways that could harm our reputation, such as in adult content, political propaganda, or defamatory materials.

    2. Breach of License Terms

      1. 3.5.1.License Misuse: Using content outside the scope of the digital license provided, including failing to comply with restrictions on redistribution, modification, or resale.

      2. 3.5.2.Non-Permissive Modifications: Altering our content in a manner that violates the terms of use, misrepresents its origin, or breaches applicable intellectual property laws.

  1. Indemnification

    1. You agree to indemnify and hold harmless Hart & Highland LLC, its officers, employees, and agents from any claims, liabilities, or expenses (including reasonable attorneys' fees) arising out of or related to:

      1. 4.1.1.Your use of licensed videos, including modifications or alterations made by you.

      2. 4.1.2.Third-party claims asserting intellectual property rights violations due to your use or modification of the licensed videos.

  2. Digital Licensing

Users of the subscription services are granted a non-exclusive, non-transferable digital license for each video downloaded, as outlined in our Terms and Conditions. This license permits lawful and compliant use of the content while safeguarding the intellectual property rights of Hart & Highland LLC. Under this license, the following conditions apply:

    1. No Attribution Required

Users are not obligated to credit Hart & Highland LLC when incorporating the downloaded videos into their personal, professional, or commercial projects.

    1. Scope of Use

The license permits use of the videos solely for the purposes specified in the subscription agreement, including but not limited to marketing, advertising, educational, or creative projects.

    1. Compliance with Applicable Laws

Users are responsible for ensuring that all uses of the licensed content comply with local, national, and international laws, as well as any applicable industry regulations.

Failure to adhere to these licensing terms may result in the suspension or termination of the subscription and/or legal action as deemed appropriate by Hart & Highland LLC. For full details on the rights and restrictions under this license, please refer to our Terms and Conditions.

  1. Enforcement

    1. Monitoring and Compliance

      1. 6.1.1.Hart & Highland LLC reserves the right to monitor, investigate, and enforce compliance with this Policy to maintain the integrity and lawful use of our Platform. We may employ tools or methods to identify and address potential violations.

    2. Consequences of Violations

      1. 6.2.1.If a violation of this Agreement is detected or suspected, we reserve the right to take appropriate action, including but not limited to:

      2. 6.2.2.Suspension or Termination

      3. 6.2.3.Immediate suspension or termination of access to our Platform, with or without prior notice, depending on the severity of the violation.

      4. 6.2.4.Legal Action

      5. 6.2.5.Initiating legal proceedings or reporting unlawful activities to the relevant authorities as necessary to protect our rights, intellectual property, or the safety of our Platform and users.

      6. 6.2.6.Other Remedies

      7. 6.2.7.Imposing additional measures, such as restricting certain features or functions, or requiring the removal of unauthorized or infringing content.

    3. No Refunds

      1. 6.3.1.In the event of enforcement actions such as suspension or termination of access, users will not be entitled to any refunds or compensation for unused portions of subscription services.

  2. Reporting Potential IP Issues

If you become aware of a potential intellectual property issue related to any content provided by Hart & Highland LLC, you agree to notify us promptly so that we may investigate and, if necessary, take appropriate action to address the issue.

  1. Reporting Violations

If you believe this Policy has been violated, you are encouraged to report the incident promptly to Hart & Highland LLC by contacting us. Please include:

A detailed description of the suspected violation.

Any evidence or supporting materials, such as screenshots or links.

Reports will be reviewed confidentially, and appropriate actions will be taken in line with this Agreement. We appreciate your cooperation in helping us maintain a secure and compliant Platform for all users.

  1. CONTACT

You may contact us through our Platform or the address provided below:

hello@hartandhighland.com

2510 Main Street, Suite 209

Santa Monica, CA 90036

310-431-9264