Terms of Service
Last Updated on Oct 6, 2023
Welcome to the world of Highrise, the realm of limitless creativity and imagination! Pocket Worlds, the parent company of Highrise, provides a Platform (the “Platform”), along with numerous additional features and services such as websites, applications, and forums, to facilitate users in their quest to play, create, and interact (the Platform and all these assorted features and services will jointly be referred to as the “Services”).
Certain Highrise Terms may be relevant only to particular Services, so it's important to read and understand all of them. These Highrise Terms form a legally binding contract between Users and Pocket Worlds.
Lastly, these Highrise Terms use some terms specific to the Platform, which are generally capitalized.
1. The Highrise Terms
To help you navigate, here's an overview of the Highrise Terms, along with a brief description of what and who they encompass:
- User Terms – The User Terms are applicable to all Users of the Services (including Creators) and provide an overview and associated rules for things such as (i) account setup, (ii) the use of Highrise Gold, (iii) trading Virtual Items, and (iv) activities prohibited on the Platform. The User Terms also cover some of the more intricate legal aspects that regulate the use of the Services, including intellectual property rights, online safety, disclaimers, and other crucial legal terms.
- Creator Terms – The Highrise Creator Terms apply to Creators when acting in their capacity as Creators and cover aspects like (i) using Highrise Studio, (ii) offering Experiences and Virtual Items, (iii) incorporating music on the Platform, (iv) activities not allowed on the Platform, and (v) more.
- Creator Exchange Program Terms – The Creator Exchange Program Terms apply to those Creators who have been accepted into the Creator Exchange Program (the “Creator Exchange Program”) by Pocket Worlds, and outline the terms of participation in the Creator Exchange Program.
- Highrise Community Standards – The Highrise Community Standards are applicable to all Users of the Services and set forth what types of behavior are acceptable or unacceptable when using the Services.
- DMCA Guidelines and Policies – The Highrise DMCA Guidelines and Policies provide directions on what rights holders and Users should do if they encounter content on the Platform that a rights holder or User believes infringes or otherwise violates such rights holder’s or User’s rights.
- Highrise Name and Logo Community Usage Guidelines – The Highrise Name and Logo Community Usage Guidelines (“Highrise TM Guidelines”) are applicable to all Users and detail the terms and conditions under which Users can use certain Pocket Worlds intellectual property.
2. Other Guidelines
- Highrise Accessibility Statement – The Highrise Accessibility Statement offers information about Pocket Worlds' dedication to maintaining the Services accessible and usable for people with disabilities, ensuring a fun, safe, and equitable experience for all Users.
- General Health Notice – The General Health Notice provides information about potential health issues that Users may encounter while using the Services. We strongly recommend that you read this carefully before viewing or playing on the Services.
Highrise User Terms
These User Terms (the "User Terms") establish the regulations and guidelines that dictate the use of the Platform and other Services by Users and apply to all Users of the Services. These User Terms, along with the additional Creator Terms, govern among other aspects, what is known as User Generated Content or "UGC." UGC refers to any content, whether material, assets, or otherwise, that Users (including but not limited to Creators) upload to, create and publish on, or otherwise generate through or make available on the Services. Any User that has contributed to UGC on the Services is subject to these User Terms and the additional Creator Terms, which are incorporated here by reference. All Users are also subject to any other applicable Highrise Terms available in the Highrise Legal Terms section.
These User Terms include many of the terms applicable to Users, but also contain cross-references to other Highrise Terms that may be applicable to Users (for example, the Highrise Community Standards, so make sure to read and understand those other Highrise Terms as well, since Users are accountable for complying with them).
1. This is a Legal Agreement
Acceptance of User Terms. When a User utilizes the Services, the User agrees to these User Terms and to any other applicable Highrise Terms found in the Highrise Legal Terms. Users may not agree to these User Terms or any other Highrise Terms if they are not legally allowed to do so, or if they are under 18 years old. Users under the age of 18 ("Minor Users") require a parent or legal guardian (a "Guardian") to permit them to use the Services and to agree to these User Terms and other applicable Highrise Terms. By allowing a Minor User to use the Services, the Guardian becomes subject to these User Terms and any other applicable Highrise Terms and accepts responsibility for the Minor User’s activities on the Services. If a User (or a Minor User's Guardian, as applicable) does not agree to these User Terms or any other Highrise Terms, they may not use the Services.
Changes to Terms. Pocket Worlds will provide Users with reasonable advance notice of any significant updates or modifications to these User Terms and any other Highrise Terms. Such notice may be provided by any reasonable means, including email or via posting on the Highrise website for Users, and via email for Users in the Creator Exchange Program. However, non-material changes (as determined by Pocket Worlds) or updates made for legal reasons or addressing new features of the Services will take effect immediately without notice. If a User does not agree to any modifications or updates to these User Terms or any other Highrise Terms, they should cease using the Services. If a User continues to use the Services after updates to these User Terms or other Highrise Terms have been posted, the User agrees to the updated terms. Any Disputes covered by these User Terms or any other Highrise Terms will be handled in accordance with Section 16 of these User Terms.
Updates to the Services. Pocket Worlds reserves the right to modify or suspend the Services (or any part thereof) at any time upon notice, which may be provided via an email to the User or through a notice on the Highrise website (and such notice shall be effective immediately after such email is sent or such notice is posted) without liability to Users. Pocket Worlds can alter the Services for any reason, including for legal compliance, User protection, or to safeguard the reputation of Highrise. These User Terms and any other applicable Highrise Terms will govern any updates to the Services that Pocket Worlds makes or provides to the User, unless the update includes a separate license, in which case the terms of that license will govern.
Termination of User Terms. In the event of termination of these User Terms or any other Highrise Terms, the rights and obligations of Pocket Worlds and the User towards each other will end, except that all provisions of these User Terms or any other Highrise Terms that are meant to survive expiration or termination will remain in effect.
2. User Accounts
Creating an Account. To access certain features of the Services, Users must create a Highrise account ("Account"). Users pledge always to provide Pocket Worlds with truthful information and to keep that information current. Be aware that Pocket Worlds may take measures to verify the correctness of Users' information. Users are strictly prohibited from permitting anyone else to use their Account (Guardians are the exception in the case of a Minor User). If a User suspects their Account security has been compromised, they must promptly inform Pocket Worlds by reaching out to Highrise Support. If anyone solicits a User’s password or personal information, it should be immediately reported using the "Report Abuse" feature.
Account Suspension or Termination. If a User breaches these User Terms or any other applicable Highrise Terms, their privilege to use the Services is rescinded. In response to a User's infringement of these User Terms (or other applicable Highrise Terms), Pocket Worlds may (i) suspend or terminate the User's Account or the User’s access to the Services, or (ii) withdraw any Virtual Items or other content that the User has within the Services. Pocket Worlds also reserves the right to terminate a User's Account based on its policy of terminating Users who, in Pocket Worlds' sole discretion, repeatedly infringe upon the Digital Millennium Copyright Act.
Notification and Appeal. Pocket Worlds may inform the User if it (i) suspends or terminates a User's Account or a User’s access to the Services, or (ii) removes Virtual Items or other content that the User has within the Services due to an infringement of these User Terms, any other applicable Highrise Terms, in response to law enforcement requests, or as otherwise mandated by law. Pocket Worlds may grant the User an opportunity to request a reassessment of Pocket Worlds' decision. Users infringing these User Terms or any other applicable Highrise Terms will not be entitled to any compensation from Pocket Worlds – so all Users must ensure to adhere to the rules! For Minor Users (13+), a Guardian may ask Pocket Worlds to close the Minor User's Account by contacting Highrise Support. Please note that Highrise is a 13+ application and will permanently ban any users found to be under 13.
3. Highrise Gold
What is Highrise Gold? "Highrise Gold" is the official virtual currency used within Highrise and can be utilized by Users to acquire things such as Virtual Items and access to Experiences within the platform. Highrise Gold has no real-world currency value, which means they are not a substitute for real currency and don’t earn interest. Except as otherwise outlined in the Highrise Terms, Highrise Gold can’t be redeemed for any other currency, and Pocket Worlds is not obligated to exchange User’s Highrise Gold for anything else of value. Remember: Only those over the age of 18 may purchase Highrise Gold or engage in other real-money transactions on the Platform.
License to Use Highrise Gold. When a User buys Highrise Gold, the User receives only a limited, non-refundable, non-transferable (except as specifically outlined in Section 4 below and in Section 2 of the Creator Terms), revocable license to use Highrise Gold only for User’s personal entertainment, in connection with the Services, and in the ways permitted by Pocket Worlds in the applicable Highrise Terms. User’s license to use Highrise Gold will end when these User Terms or User’s Account terminates, or in any other way outlined in the Highrise Terms.
Ways to Get Highrise Gold. Users may acquire a limited license to use Highrise Gold: (i) by purchasing or otherwise receiving Highrise Gold from Pocket Worlds; (ii) by buying memberships that include an amount of Highrise Gold; (iii) by selling UGC on the Services (as described in Section 2 of the Creator Terms); (v) by trading Virtual Items with other Users (as further described in Section 4(d) below); or (vi) through other ways that Pocket Worlds may sometimes offer.
Highrise Gold Are Non-Refundable. All payments for Highrise Gold are final and non-refundable, except as required by law. Users may not use or distribute Highrise Gold except through the Services and as expressly allowed by Pocket Worlds. Any use or attempted use of Highrise Gold in violation of the Highrise Terms will be void (i.e., automatically canceled) and may result in immediate termination of User’s Account and of User’s right to use Highrise Gold. Pocket Worlds does not recognize or take responsibility for third-party services that allow Users to sell, transfer, or otherwise use Highrise Gold. Any such use by a User violates the Highrise Terms.
Highrise Gold Can Change. Pocket Worlds may impose limits on Highrise Gold (e.g. how much a User can acquire) or do things that change the perceived value of Highrise Gold (e.g. lowering the cost to buy them) at any time. Except for the limited licenses granted in these User Terms, Pocket Worlds has and retains all rights in Highrise Gold. This includes the right to modify, revoke, or terminate a User’s license to use Highrise Gold without notice, payment, or liability to User. Pocket Worlds does not make any guarantees regarding Highrise Gold, or their availability, quality or value.
4. The Highrise Economy
Acquiring Stuff Through the Services. Solely through the Services, Users can spend Highrise Gold to acquire Virtual Items, Experiences, and other things offered by Pocket Worlds or Creators. Spending Highrise Gold through the Services is solely for a User’s personal entertainment and does not create any legally enforceable contract between the User and Pocket Worlds or any Creator, and the User spending the Highrise Gold does not acquire any enforceable legal rights as a result of such transactions.
Acquiring Stuff from Creators. When a User spends Highrise Gold to acquire something from a Creator, the Highrise Gold will typically be collected through the Services on behalf of the Creator unless the User is dealing directly with the Creator.
Acquiring Stuff from Pocket Worlds. When a User spends Highrise Gold to acquire something from Pocket Worlds, the Highrise Gold are transferred directly to Pocket Worlds. All such transfers made to Pocket Worlds are final and, unless otherwise permitted by Pocket Worlds through its policies or practices, non-reversible.
Promises and Responsibilities Associated with Making Payments. When purchasing Highrise Gold from Pocket Worlds, User (or User’s Guardian, as applicable) promises that User has the right to use User’s selected payment method and that User’s payment method has enough credit available to complete the applicable payment. If User believes someone has gained access to or used their Account without permission, User must notify Pocket Worlds as soon as possible by contacting Pocket Worlds Support. Pocket Worlds has the right to close any Account with unauthorized charges.
Buying Highrise Plus Memberships. When a User buys Highrise Plus, a renewing subscription, User agrees that Highrise Plus will automatically renew and that Pocket Worlds is authorized to charge User accordingly until User cancels the subscription. Pocket Worlds will notify Users of any price increases or changes to the subscription terms (such notification may be via any reasonable means, including a message on the Platform). User can cancel Highrise Plus at any time by following the instructions available. If a User cancels Highrise Plus, User can still enjoy it for the period of time User already paid for – so enjoy! Remember: Only those over the age of 18 may purchase Highrise Gold or engage in other real-money transactions on the Platform.
Removing Items and UGC From the Services; No Refunds. Pocket Worlds has the right, in its discretion, to suspend the availability of, or remove from the Services, any content (including Experiences, Virtual Items, and any other UGC) without advance notice. Pocket Worlds is not liable for any losses User takes as a result of such suspension or removal, and Pocket Worlds is not required to refund any Highrise Gold or other funds that User has spent on any removed or suspended content.
Trading on the Platform: Pocket Worlds allows Users to trade Virtual Items on the Platform. Virtual Items can be traded for other Virtual Items, or for a combination of Highrise Gold Bars and Virtual Items.
5. Digital Millennium Copyright Act
Notice. We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights (other than content that you previously uploaded to Highrise and as to which the User-to-User Complaint Process applies as described below), you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at [email protected] or Legal, 21750 Hardy Oak Blvd Ste 104, PMB 63316, San Antonio, Texas 78258-4946 US. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located; Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. A parent or other adult representative must submit any counter-notice submitted on behalf of an under-13 User. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content in 10 business days or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
Repeat Infringer Policy. Pocket Worlds’s intellectual property policy is to: (i) remove or disable access to material that Pocket Worlds knows to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by an intellectual property rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes other people’s copyrights or other intellectual property rights.
- Our policies prohibit you from Providing UGC that infringes trademarks. If you Provide UGC that infringes trademarks, your UGC can be blocked or removed.
- If you are a trademark owner that believes your trademark is being infringed, please note that we are not in a position to mediate disputes between users and the holders of trademark rights. That being said, we take your rights seriously. So, we will look into and try to resolve any allegations of trademark infringement. Therefore, if you feel that your trademark rights are being infringed, contact our Trademark Agent at [email protected] or Legal, 21750 Hardy Oak Blvd Ste 104, PMB 63316, San Antonio, Texas 78258-4946 US. When you contact us, please provide the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
- A description of the trademark right that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner’s behalf.
6. Restrictions on Use Of Services
In addition to any other restrictions set forth in these User Terms or any other Pocket Worlds Terms, Users may not (a) lease, lend, sell, redistribute or sublicense any part of the Services, (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology, (c) try to get around any technological measure designed to protect the Services or any technology associated with the Services, (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification), (e) use the Services to create malicious or abusive content (as determined by Pocket Worlds) or any content that violates a Pocket Worlds guideline or policy; or (f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws.
7. Disputes Between Users and Creators or Between Creators.
Disputes Between User and Creators. If a User has any issues with Experiences, Virtual Items or other UGC created by Creators, User should first contact the Creator directly to resolve the issue.
Escalation to Pocket Worlds. While Pocket Worlds is not responsible for these issues between Users and Creators, Pocket Worlds wants to ensure that everyone enjoys the Platform and Services. As a result, Pocket Worlds has the right (but not obligation) to intervene in issues between Users and Creators so that Pocket Worlds can try to help resolve them. Before escalating any issues between a User and Creator to Pocket Worlds, Users should first make a real, genuine effort to work out a solution with the Creator. If User does not succeed, User may escalate the issue to Pocket Worlds’s Customer Service team by completing the form at https://highrise.helpshift.com/hc/en/. If Pocket Worlds chooses to take action in any dispute between a User and Creator, User and Creator agree that Pocket Worlds’s decision (which may include deducting Digital Tokens from the Creator and crediting Digital Tokens to the User) is final and Creator and User will accept that decision. User agrees to work with Pocket Worlds in a timely manner to resolve all such issues, and failure to do so is a violation of these User Terms.
User-to-User Copying Complaint Process. As explained in Pocket Worlds’s Creator Terms, Pocket Worlds generally prohibits copying another User’s UGC and passing it off as a User’s own work. A User (the Complainant) who believes that another User or Creator has improperly copied original material previously uploaded by the Complainant to Pocket Worlds, in violation of Pocket Worlds’s Terms, may file a complaint using Pocket Worlds’s User-to-User Copying Complaint Process. A complaint may be filed by emailing [email protected], identifying the copied material, the original work, and any other relevant details. If necessary, Pocket Worlds will investigate the complaint and decide whether copying in violation of Pocket Worlds’s Terms has occurred. If a violation is found, Pocket Worlds may take other actions, including removing copied material or terminating a User’s account. A User or Creator who is unhappy with Pocket Worlds’s determination may appeal by first requesting and then completing an appeal form and submitting it to Pocket Worlds via email by following the instructions on the form. The form may be requested by sending an email to [email protected] with the heading “Request Appeal Form.” Users agree that any decision by Pocket Worlds on appeal is final and binding.
Exclusivity of User-to-User Copying Complaint Process. Any User or Creator complaining that another User or Creator improperly copied UGC previously uploaded to Pocket Worlds must use the User-to-User Copying Complaint Process and not any other form of complaint. This means that a Complainant is prohibited from engaging in any form of harassment and from filing a DMCA complaint regarding UGC that a User previously uploaded to the Services and which the User believes is being improperly copied by another User or Creator on the Services. Failure to use the User-to-User Copying Complaint Process when required is a violation of these Terms. Corporate entities (and those acting on behalf of a corporate entity) may, but are not required to, use the User-to-User Copying Complaint Process.
8. Disputes Between Users & Pocket Worlds
Disputes between Users and Pocket Worlds are handled according to Section 16 of these User Terms.
9. License to the Services
Subject to Users compliance with these User Terms and any other Pocket Worlds Terms, Pocket Worlds grants User a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that User owns or controls for User’s personal, entertainment use, including the right to download and use, in connection with the Services, software that Pocket Worlds makes available for download as part of the Services, in object code form only.
10. Ownership of Pocket Worlds IP/UGC Created Within an Experience
11. Other People or Companies’ Stuff
Third-Party Services Disclaimer. User understands that by using the Services, User may come across Third-Party Services that (i) may be considered offensive, or objectionable, (ii) may or may not be identified as having explicit language, (iii) may contain links or references to objectionable material, and (iv) may not be available in all countries or languages. User agrees to use the Services at User’s own risk and that Pocket Worlds will not have any liability to User for content (including Third-Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.
12. Online Safety
Pocket Worlds cares about the safety of Users. If User sees any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual or violent act, please immediately contact support and report the User and the situation.
13. Disclaimers; No Warranties
UGC Disclaimer. Except as may be required by applicable law, Pocket Worlds is not liable for, nor is Pocket Worlds obligated to screen, approve, edit or control, UGC that Creators or others upload or otherwise make available on the Services. Pocket Worlds may, however, at any time and without notice, and without any obligation to User, remove, edit, or block or suspend the availability of any UGC that Pocket Worlds thinks violates the Pocket Worlds Terms or is otherwise objectionable. User understands that when using the Services, User will see UGC from various sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against Pocket Worlds regarding UGC. If notified by a User or content owner that UGC allegedly violates the Pocket Worlds Terms, Pocket Worlds may investigate and decide whether to remove the UGC (which Pocket Worlds can do at any time, without notice).
“As Is.” THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POCKET WORLDS AND POCKET WORLDS’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
No Responsibility. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM POCKET WORLDS OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR POCKET WORLDS THAT IS NOT EXPRESSLY STATED IN THE POCKET WORLDS TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. General Limitations of Liability
No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POCKET WORLDS AND THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POCKET WORLDS HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES THAT THE AGGREGATE LIABILITY OF POCKET WORLDS AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE POCKET WORLDS TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000 (EXCEPT AS NOTED IN THE ARBITRATION SECTION OR AS OTHERWISE SET FORTH IN THE CREATOR TERMS).
15. General Indemnities
User agrees that User will be responsible for User’s use of the Services, and User agrees to defend and indemnify Pocket Worlds and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) User’s access to, use of, or alleged use of the Services; (b) User’s violation of any part of the Pocket Worlds Terms, any representation, warranty, or agreement referenced in the Pocket Worlds Terms, or any applicable law or regulation; (c) User’s actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between User and any third party. Pocket Worlds reserves the right, at Pocket Worlds’ own cost, to take on the exclusive defense and control of any matter subject to indemnification by User (without limiting User’s indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with Pocket Worlds defense of that claim.
16. Dispute Resolution, Class Action Waiver, Arbitration, and Governing Law.
Disputes. Except as detailed below, User and Highrise agree that any dispute arising under or relating to the Highrise Terms or the Services ("Dispute") will be governed and resolved first through the Informal Dispute Resolution Requirements stated below, and only if those requirements are satisfied, then, for U.S. residents only, through binding arbitration and not through litigation. This agreement applies irrespective of the legal theories involved in the Dispute and regardless of whether the Dispute is with Highrise, its parent company Pocket Worlds, any suppliers, or service providers involved with the Services, or their officers, directors, employees, agents, or successors. USER AGREES TO GIVE UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR DISPUTES THAT ARE SUBJECT TO ARBITRATION.
"Class Action Waiver." To the extent permitted by law, User and Highrise agree that neither party will assert a claim against the other in a class action, class arbitration, or in any other similar representative capacity. This class action waiver does not prohibit User and Highrise from resolving Disputes through a class settlement approved by a court.
"Informal Dispute Resolution Requirements."
Informal Discussion Period. For a period of at least 60 days before starting any arbitration (or lawsuit, if an exception to arbitration applies), User and Highrise agree to first engage in informal discussions to attempt to negotiate a resolution of any Dispute. These informal discussions must include live verbal conversations by telephone or other device if requested by any party. These informal discussions will start ten days after written notice is sent from User to Highrise or from Highrise to User. These informal discussions must be concluded either by a resolution agreed to in writing by the parties or by written notice from one party sent 7-10 days before the expiration of the 60-day informal dispute resolution period explicitly stating each unresolved demand and its basis.
Notices. Highrise will send User notices to the email address or billing address provided by User. User will send notices to Pocket Worlds, 21750 Hardy Oak Blvd Ste 104, PMB 63316, San Antonio, Texas 78258-4946 US, by certified U.S. Mail or by Federal Express (or international equivalent). The initial notice of a Dispute from a User must include: (a) the full legal name of the User making the claim, (b) the username of the User's Highrise account, (c) the email address associated with the User's Highrise account, if any, (d) a description of the nature and basis of the claim, (e) the specific result desired, and (f) the ticket or case number provided by Highrise Support to track previous attempts to resolve the Dispute, if there is one.
"Arbitration Terms." Arbitrable Disputes. Except as explained below, Highrise and any User who is a United States resident agree that any Dispute that has satisfied the Informal Dispute Resolution Requirements will be subject only to binding arbitration by a neutral arbitrator and may not be litigated. The arbitrator's decision will be final, except for a limited right of appeal allowed by federal law. The arbitrator may award User damages, just like a court could, but only to the extent necessary to satisfy User's individual claim.
Arbitration Rules. Arbitration will be overseen by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules"). User can find more information at www.adr.org.
Mandatory Prerequisite to Arbitration or Litigation. No Dispute will be subject to arbitration (or to a lawsuit if an exception to arbitration applies) unless the Informal Dispute Resolution Requirements have been satisfied by the party demanding arbitration (or the party filing the lawsuit if an exception to arbitration applies). AAA shall not accept disputes submitted to arbitration in violation of the Informal Dispute Resolution Requirements and shall be deemed frivolous for purposes of any fee-shifting allowed by AAA Rules. Any lawsuit filed in violation of the Informal Dispute Resolution Requirements shall be subject to dismissal.
Commencement of Arbitration. Unless the parties agree otherwise, a demand for arbitration must be sent to the same address and by the same manner as an initial notice of a Dispute and must be entitled "Demand for Arbitration."
Fees. If User has complied with the Informal Dispute Resolution Requirements, and if User's total claims are for less than $10,000, Highrise will reimburse User the cost of User's filing fee, unless the arbitrator determines that the substance of User's claims or remedy sought were frivolous or brought for an improper purpose as described in the AAA Rules; in which case AAA Rules will decide payment of any filing, administrative, or arbitrator fees. Notwithstanding any contrary provision in the Highrise Terms, a prevailing party in arbitration will only be entitled to be awarded a shifting of fees and costs when consistent with AAA Rules.
Location. Unless the parties agree otherwise, any arbitration hearing will take place in Bexar County, Texas, if that is a reasonably convenient location for User, and if not, then in the county or parish where User resides. Depending on the amount of a claim, AAA Rules may permit or require the arbitration to be conducted: (1) only by documents submitted to the arbitrator; or (2) by telephone hearing. Regardless of how arbitration is conducted, the arbitrator must issue a written decision explaining the findings and conclusions on which their decision is based.
Settlement Offers. During arbitration, if Highrise makes User (or User makes Highrise) a settlement offer, the amount of the offer may not be shared with the arbitrator until after the arbitrator makes a final decision and award. If User wins the arbitration and is awarded more than the amount reflected in Highrise's last written settlement offer, Highrise will pay User the higher of: (a) the arbitrator's award or (b) $10,000.
No Consolidation. To the extent permitted by law, the arbitrator shall not consolidate claims into a class proceeding and may award injunctive relief only in favor of the individual parties to the arbitration and only to the extent necessary to provide relief that is warranted by an individual claim.
Enforceability. All issues in the Dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope, interpretation, and enforceability of these Arbitration Terms, or whether a Dispute can be arbitrated. Judgment on an arbitration award may be entered by any court having jurisdiction.
Severability. Except for the Class Action Waiver, if any provision of these Arbitration Terms is found unenforceable, that provision will be severed and the balance of these Arbitration Terms will remain in full force and effect. If a court decides that applicable law precludes enforcement of these Arbitration Terms as to any particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.
Confidentiality. The arbitrator shall honor all evidentiary privileges recognized at law and shall enter orders as appropriate to protect the parties' trade secrets or confidential information. The parties agree to maintain the confidentiality of each party's designated confidential information.
Exceptions to Informal Dispute Resolution Requirements and Arbitration Terms. The following claims and actions are exempt from both the Informal Dispute Resolution Requirements and Arbitration Terms: (i) enforcement actions through a federal, state, or local agency if those actions are available; (ii) claims for infringement of patent, copyright, trademark, or trade secret rights; (iii) actions seeking only injunctive relief and no award of attorneys' fees or costs; and (iv) actions seeking remedies under the GDPR.
Exceptions to Arbitration Terms. Individual non-class claims that User or Highrise elects to assert in small claims court are not subject to the Arbitration Terms, but the Informal Dispute Resolution Requirements must be satisfied before the filing of any such small claims action. Additionally, claims that are the subject of a certified class action or a class settlement submitted to a court for approval, regardless of whether the claimant has opted out of the class action or class settlement, are not subject to the Arbitration Terms and may not be the subject of an arbitration demand. Regardless of whether a User has opted out of a class action or class settlement, the certification of a class action or the filing of a proposed class settlement with a court for approval shall divest AAA of its authority to arbitrate any claims pending with AAA that are otherwise the subject of the class action or settlement. Such opt-out claims may thereafter only be asserted in a court of law.
Opting Out of Arbitration Terms. User may opt out of the Arbitration Terms within 30 days of using the Services for the first time, and User may opt out of any material changes to the Arbitration Terms within 30 days after Highrise gives notice of those changes (unless a longer period is required by applicable law). To opt out of the Arbitration Terms or changes thereto, User must send a notice titled "Arbitration Opt-Out Notice" to Pocket Worlds, 21750 Hardy Oak Blvd Ste 104, PMB 63316, San Antonio, Texas 78258-4946 US, by certified U.S. Mail or by Federal Express (or international equivalent). The Arbitration Opt-Out Notice must include: (a) the full legal name of the User, (b) the username of the User's Highrise account, and (c) the User's email address. An opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Terms. By opting out of a change to the Arbitration Terms, User agrees to arbitrate any Dispute in accordance with the language of the last Arbitration Terms that User accepted.
Governing Law and Venue for Non-Arbitrable Disputes. The Highrise Terms are governed by the laws of the State of Texas without regard to conflict of law principles. The Arbitration Terms are subject to and governed by the Federal Arbitration Act ("FAA") and (only to the extent not inconsistent with the substantive and procedural provisions of the FAA), the laws of the State of Texas, without regard to conflicts of laws principles. Rulings in other related arbitrations will not bind the arbitrator. Any Disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in the federal or state courts of Bexar County, Texas; and the parties consent to personal and exclusive jurisdiction in these courts, except as otherwise provided by the GDPR.
17. Third Party Notices
Apple Notice. If User is using the Highrise mobile application ("App") on an iOS device, User also acknowledges and agrees to the terms of this Section. The Highrise Terms are between User and Highrise only, not with Apple, and Apple is not responsible for the Services and the content of the Services. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Services fail to meet the applicable warranty, User may notify Apple, and Apple will refund any applicable purchase price for the App to User. Apple has no other warranty obligation whatsoever concerning the Services. Apple is not responsible for addressing any claims by User or any third party relating to the Services or User's use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or User's use of the App infringe that third party's intellectual property rights. User agrees to comply with any applicable third-party terms when using the Services. Apple and Apple's subsidiaries are third-party beneficiaries of the Highrise Terms, and when User accepts the Highrise Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Highrise Terms against User as a third-party beneficiary. User hereby represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
Unity Notice. Highrise Studio contains Unity® FBX® code developed by Unity Technologies, Inc. All rights reserved. This code is provided "as is" and Unity Technologies, Inc. disclaims any and all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. In no event will Unity Technologies, Inc. be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including obtaining substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.
18. Notice to California Residents
Complaints: If you are a California resident, in accordance with California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834 or by phone at (800) 952-5210 to resolve complaints regarding the Services or to obtain more information about the use of the Services.
Minors: If you are a California resident under the age of 18, you may request Highrise (and Highrise will comply) to remove specific personal content that you have publicly posted on the Services. This generally consists of personal information but does not include anonymized data or User Generated Content (UGC) that you have provided (as you have received compensation for providing it). To make such a request, complete the Customer Support Form. Your request must include your username and a detailed description of the content you want removed so that Highrise can locate it. Highrise will not accept requests via postal mail, phone, or fax and may be unable to respond if you provide incomplete information. If you make a request, it does not guarantee that the information you posted will be completely removed, and there may be circumstances in which the law does not require or allow removal, even if you make a request.
19. Miscellaneous Terms
General. These User Terms and the other Highrise Terms constitute the entire agreement between User and Highrise concerning the Services. Users cannot assign the Highrise Terms or their rights under the Highrise Terms, by operation of law or otherwise, without Highrise's prior written consent. Highrise may assign the Highrise Terms at any time to anyone without notice or consent. This agreement is binding on and benefits both Highrise's and User's respective successors and assigns. If any part of the Highrise Terms is deemed invalid or unenforceable, the unenforceable part will be given the maximum effect possible (or, if it is unable to be given any legal effect, will be severed from the Highrise Terms), and the remaining parts will continue in full force and effect. Nothing in the Highrise Terms will be considered to grant any rights or benefits to a third party (other than Apple as noted in the "Notice Regarding Apple" section). USER AND HIGHRISE AGREE THAT ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.
Survival. Any part of the Highrise Terms that, by their nature, should survive the termination of the Highrise Terms will survive such termination, including Sections 6, 7, 8, 10, 11(b), 13, 14, 15, 16, and 19.
Waiver. No waiver of any part of the Highrise Terms by either User or Highrise shall be deemed a continuing or further waiver of any such part or any other part of the Highrise Terms, and Highrise's or User's failure to assert any rights or part of the Highrise Terms shall not be construed as or constitute a waiver of such right or part.
Interpretation. The section headers in the Highrise Terms are for convenience and will not affect the interpretation of the Highrise Terms. Be aware that in all cases where Highrise is allowed to make a decision under the Highrise Terms, that decision is entirely within Highrise's discretion. Also, User understands that the Highrise Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word "including," or similar, is found in the Highrise Terms, it means "including, without limitation", and whenever the word "or," is found in the Highrise Terms, it means "and/or."
Compliance with Laws. When using the Services, User will comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services).
Contact Information. The Services are offered by Pocket Worlds located at 21750 Hardy Oak Blvd Ste 104, PMB 63316, San Antonio, Texas 78258-4946 US. User can contact Highrise by sending any messages to that address or completing the Customer Support Form.
Prevailing Language. To the extent any of the Highrise Legal Terms are available in multiple languages, in the event of any discrepancies or conflicts between the English version of the Highrise Legal Terms and any other language version of the Highrise Legal Terms, the English version of the Highrise Legal Terms will govern and prevail.
Highrise Creator Terms
Creators, who make and upload, publish UGC (like Virtual Items and Experiences) on Highrise, are at the core of the Highrise community. Highrise has devised these Creator Terms (the "Creator Terms") to establish rules and guidelines for Creators - the Users (like you!) who create content and publish it on the platform.
These Creator Terms encompass many terms relevant to Creators but also include cross-references to other Highrise Terms (such as the Highrise Community Standards) that apply to Creators, so be sure to read and comprehend all other Highrise Terms as well. Creators must also abide by the User Terms in their capacity as a Creator and as a User of the platform.
1. Intellectual Property Rights to Highrise Services.
Ownership of Highrise Intellectual Property. Terms outlining the ownership of Highrise Intellectual Property are set forth in Section 10 of the User Terms.
Highrise Studio Ownership & License. Highrise owns or controls all rights in Highrise Studio and all elements contained therein. Subject to Creator’s compliance with these Creator Terms, Highrise grants Creator a non-exclusive, revocable, non-sublicensable, and non-transferable license to use Highrise Studio solely for the purpose of creating, developing, modifying, uploading, and releasing Creator’s UGC on the Platform (the “Highrise Studio License”). Creator may only use Highrise Studio in a way consistent with these Creator Terms.
Template Ownership & License. “Templates” are made available by Highrise (generally via Highrise Studio) and serve as a starting point that Creators can use to more easily create UGC. Highrise owns or controls all rights in all Templates and all elements contained therein and makes Templates available to Creator pursuant to the Highrise Studio License. Creator may only use Templates in a way consistent with these Creator Terms and using a Template does not give Creator any ownership rights in that Template.
Other Highrise Content Ownership & License. Subject to Creator’s compliance with the Creator Terms, Highrise grants Creator a non-exclusive, limited, revocable, non-transferable license to use other content that Highrise develops and makes available on the Platform solely for use on the Platform in Creator’s UGC (the “Other Content License”). Creator will not be entitled to any payment or other compensation for Creator’s use of any content (including any such content that Creator may modify or enhance) that Highrise has created or developed or otherwise uses on the Platform.
Highrise Trademarks. Without limitation to the Highrise TM Guidelines, the name “Highrise” and any name similar to Highrise (to be determined in Highrise’s sole discretion) including, without limitation, “Rise” and “HR” are no longer permitted to be used in the titles of any Experiences. Subject to the foregoing restriction, Highrise hereby grants Creator a non-exclusive, personal, limited, revocable, non-transferable right to use Highrise trademarks, whether registered or unregistered, solely for use within Creator’s Experience(s) on the Platform, including for use in connection with Virtual Items. Notwithstanding the foregoing, Experiences published on the Platform before the update to these Highrise Terms on June 22, 2022, may continue to have Highrise or names similar to Highrise (including “Rise” and “HR”) in the title, subject to the continued compliance with the Highrise TM Guidelines and these Highrise Terms, each as may be updated from time to time. In regard to Experiences published on the Platform before June 22, 2022, Highrise hereby grants each Creator of such Experience a non-exclusive, personal, limited, revocable, non-transferable right to use Highrise trademarks, whether registered or unregistered, solely for use on the Highrise Platform in connection with Creator’s Experience(s), including in the title of an Experience, or in connection with a Virtual Item. The use by Creator of any Highrise trademarks as permitted herein is subject to the Highrise TM Guidelines and all other Highrise policies and guidelines and the Highrise Terms, each as may be updated from time to time. All goodwill arising from any use by Creator of any Highrise trademarks will inure solely to Highrise. Use by Creator of any Highrise trademarks off of the Highrise Platform (including a trademark that may be contained in the title of a Creator’s Experience) are only permitted as set forth in the Highrise TM Guidelines.
Termination of Licenses to Creator. Highrise reserves the right to terminate the Highrise Studio License, Template License, Other Content License, and Highrise Trademark License at any time and for any reason.
Rights to UGC
Ownership of UGC and License Grant to Highrise. Any UGC that Creator has ever created or will create and makes available through the Services (whether created solely by Creator or together with others), (a) between Creator and Highrise or Creator and Users, subject to Section 1(b)(vi) below, Creator retains all copyrights that Creator may hold in the UGC (excluding any Highrise IP that may be contained therein) and (b) in consideration of using the Services and Creator’s potential to earn Highrise Gold, Creator grants Highrise a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, whether a user of the Services or not) to host, store, transfer, translate, localize, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the UGC that Creator uploads or makes available on the Services in whole or in part (and any trademarks owned or controlled by Creator that are associated with and uploaded to Highrise by the Creator for use with Creator’s UGC) on the Platform and in connection with the Services and otherwise as solely permitted by these Highrise Terms. This includes but is not limited to the right to sublicense to other Users or Creators the right to host, store, transfer, translate, localize, publicly display, publicly perform, reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the UGC on the Platform and in connection with the Services.
Notwithstanding the above, Creator also grants Highrise the exclusive, worldwide, irrevocable, perpetual, fully paid, sublicensable right to apply any Virtual Item or other UGC to an Avatar, whether on or off the Platform. Highrise, in turn, grants to Creator the non-exclusive right to apply those Virtual Items and Creator’s other UGC to Avatars, on the Platform only. Creator also agrees (i) to make the UGC available on the Services (and to make the Services themselves available) as contemplated in the Highrise Terms; and (ii) in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or Highrise as permitted herein, even if Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (collectively, the “UGC License”). Highrise's right to market and advertise the Services or Highrise using Creator’s UGC will not include using such UGC in marketing and advertising that is focused solely on promoting Creator’s UGC (as reasonably determined by Highrise) as part of the Services without Creator’s approval, but Highrise can generally reference, as determined by Highrise, Creator’s UGC with other UGC or material (and without Creator’s approval) to promote, market or advertise the Services or Highrise. Highrise may also use Creator’s UGC for non-commercial and educational uses to promote the Services (and Highrise will reasonably determine whether a use is non-commercial or educational). Other than the potential to earn Highrise Gold, Highrise is not required to give Creator any attribution or compensation for any reason nor is Highrise required to use the license Creator grants in this Section or exploit any of the rights granted herein. Creator retains the right to delete or update any or all content within an Experience at any time and at Creator’s discretion (and Creator will delete or update such content if required by law) provided that regardless of any such update or deletion having occurred, and regardless of any termination of these Creator Terms or termination or suspension of Creator’s Account: (i) Virtual Items created by Creator which were validly purchased or otherwise validly obtained by Users may continue to be accessed and used by such Users indefinitely in accordance with and subject to the terms and policies of the Services; and, (ii) Highrise’s right to use any UGC or other content that is already in use by Highrise pursuant to a license or otherwise in accordance with these Highrise Terms or already in use by Highrise as part of an Ancillary Use shall continue in perpetuity. In addition to Highrise’s right to grant sublicenses for UGC, when uploading certain UGC onto the Service, Creator may be asked if Creator would like to share such UGC directly with other Users. Creator is not required to share Creator's UGC directly, but if Creator does agree to grant this right then other Users may use Creator's UGC to create their own Experiences and other UGC on the Service without any obligation to Creator. Where Creator’s Virtual Items are sold or otherwise provided to a User, Creator agrees that, pursuant to the rights granted to Highrise herein and regardless of whether the Virtual Items were sold or provided by Creator to the User, Highrise may allow the User to continue to access and use such Virtual Items indefinitely (in accordance with and subject to the terms and policies of the Services) even if the Virtual Items are no longer otherwise accessible on the Platform. Highrise’s rights under this license shall expressly survive if Creator's Account is terminated due to Creator's breach or violation of any of the Highrise Terms.
Through-To-The-Audience Rights. The rights Creator grants in these Creator Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services won’t have separate liability to Creator or anyone else for UGC that Creator has made available on the Services or used on those third-party services via Highrise’s Services.
Ownership or Authorization Required to Upload. Creator must not upload or otherwise make any UGC available on the Services if Creator is not the owner of or is not fully authorized to grant rights in all parts of that UGC. Without limiting Creator’s obligations under Section 8 of these Creator Terms (and all other obligations set forth in the Highrise Terms), Creator agrees to pay all amounts owed to any person as a result of Creator uploading or making UGC available on the Services.
Suspension of UGC Availability. Highrise may, in its discretion, suspend the availability of or delete any UGC or other content on the Platform at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates intellectual property principles or any guidelines or policies associated with the Services or if Highrise determines in its discretion that any UGC does or may cause harm to the Services or Highrise’s reputation. Highrise is under no obligation of any kind to Creator for suspending any UGC in accordance with this Section.
Infringement & DMCA. Highrise fosters creativity and respects the intellectual property rights of all owners of intellectual property, including Creators. Any copyright owner or an agent of a copyright or trademark owner (including other Creators who are owners or agents of a copyright or trademark owner) who believes that any content on the Services infringes upon its copyrights or trademarks and whose complaint does not concern UGC subject to the User-to-User Complaint Process may submit a notification pursuant to the Digital Millennium Copyright Act as further outlined in Section 5 of the User Terms. As referred to above, Highrise has a policy of terminating in appropriate circumstances Users who Highrise determines, in its sole discretion, are repeat infringers as contemplated by the Digital Millennium Copyright Act.
Limitations on Use of UGC. Notwithstanding Creator’s ownership of UGC (excluding the right to apply Virtual Items and other UGC to Avatars) as set forth in Section 1(b)(i) above and without limiting any other limitations set forth herein, Creator shall in no event use Creator’s UGC (in any medium or format, including on the Platform or offline): (i) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (in each case, as determined by Highrise), (ii) in connection with false, defamatory, libelous or slanderous statements concerning Highrise or otherwise in a manner intended or reasonably likely to disparage Highrise or bring Highrise into public disrepute, or (iii) in a manner which is intended or reasonably likely to suggest or imply that Creator is affiliated with Highrise or that Highrise endorses Creator or its use of the applicable UGC.
2. Highrise Creator Economics
License to Highrise Gold. Creator's license to use Highrise Gold in connection with the Services is set forth in Section 3 of the User Terms.
What can Creators Sell or Trade on the Platform? Creators can sell or trade Experiences and Virtual Items, which include In-Experience Items and Metaverse Items.
Selling on the Platform: Highrise may allow Creators to sell Virtual Items and any other UGC on the Platform.
Roles Involved in Highrise Sales: There are three roles involved in the selling of Virtual Items and the operation of Experiences to generate Highrise Gold on the Platform, and each of those three roles may be entitled to a share of the Highrise Gold generated from an applicable sale. These three roles are:
- The Platform: The Platform is the space that Highrise has created to, among other things, allow Creators to sell Virtual Items to other Users on the Platform. As a condition of making this Platform available to Creators, Highrise is entitled to a share of the Highrise Gold generated from a sale on the Platform.
- The Creator: The Creator is the User that created the Virtual Item being sold in an Experience or elsewhere on the Highrise Platform (via Highrise Concepts or Highrise Ideas), or (ii) the Experience through which Highrise Gold is being generated.
- The Distributor: The Distributor is either the Creator that owns the Experience in which Virtual Items are sold or Highrise, where Highrise sells Virtual Items (for example, in the Highrise Avatar Shop).
Mechanisms for the production of Avatar-based Virtual Items. Avatar-based Virtual Items are Virtual Items that an Avatar can wear. There are currently only two ways that Creators can produce Avatar-based Virtual Items:
- Highrise Concepts: In Highrise Concepts, Creators can submit ideas via a Highrise Concepts portal: https://highrise.game/highrise-concepts. The community votes on submissions for each Concept, the Highrise Art Team selects the winning entries based on feedback from community voting, and the Highrise Art Team produces winning items.
- Highrise Ideas: In Highrise Ideas, Creators can submit items they would like the Highrise Art Team to produce. Highrise Users then pre-purchase these Ideas. Ideas require a minimum amount of Gold in order to be considered for production by the Highrise Art Team, as defined on the Highrise Ideas website: https://highrise.game/highrise-ideas. Highrise can reject an Idea at any time before production is complete, even if the Idea has reached the minimum number of pre-orders to be produced.
The Highrise Gold Allocation. The current breakdown of how Highrise Gold generated from the sale of Virtual Items is outlined below (the “Highrise Gold Allocation”):
- The Platform’s Share: Highrise is entitled to 30% of the Highrise Gold generated from the sale of Virtual Items on the Platform. The Platform is always Highrise.
- The Experience Creator’s Share: The Creator of an Experience is entitled to 30% of the Highrise Gold generated from the sale of any Virtual Items on the Platform.
- The Virtual Item Creator’s Share: The Creator of a virtual item is entitled to Highrise Gold depending on which feature was used to create the virtual item.
- The Highrise Concepts Creator’s Share: The Creator of a Virtual Item in a Highrise Concepts competition shall earn a fixed rate of Highrise Gold, as determined by Highrise at the time of distribution. This is currently 10,000 Earned Highrise Gold per item created.
- The Highrise Ideas Creator’s Share: The Creator of a Virtual Item in the Highrise Ideas feature shall earn 10% of the Highrise Gold generated from the sale of their Virtual Items on Highrise Ideas, assuming that the Idea reaches the minimum threshold to be produced.
- The Distributor’s Share: The Distributor of a given Virtual Item is entitled to 40% of the Highrise Gold generated from the sale of such Virtual Item. For items sold on the Highrise Avatar Shop, Highrise would be considered both the Platform and the Distributor. For In-Experience Items, the Creator would also be considered the Distributor.
Examples to Better Understand the Highrise Allocation: The following examples should help Creators to better understand the roles involved in the Highrise economy and how the Highrise Gold Allocation works in practice.
- Creator Sells a Virtual Item in the Highrise Avatar Shop through Highrise Ideas: A Creator creates a Virtual Item in the form of a hat to be worn by a Highrise Avatar through the Highrise Ideas feature. This item is then sold in the Highrise Avatar Shop. Upon the sale of the Virtual Item, the Highrise Gold generated from the sale would be divided as follows:
- The Creator receives 10% of the Highrise Gold generated from the sale, including pre-orders made while the item has not been sent to production.
- The Highrise Art Team receives 20% of the Highrise Gold generated from the sale for producing the item. The Highrise Art Team is part of the Highrise Platform.
- The Platform (always Highrise) receives 30% of the Highrise Gold generated from the sale.
- The Distributor (in this case Highrise, the Distributor of the Highrise Avatar Shop) receives 40% of the Highrise Gold generated from the sale.
- Creator Sells In-Experience Item in an Experience created by that Creator: A Creator creates an Experience and creates an In-Experience Item, such as a game pass, that can be used in that Experience and sells it within the Experience. Upon the sale of that Virtual Item, the Highrise Gold generated from the sale would be divided as follows:
- The Creator receives 30% of the Highrise Gold generated from the sale.
- The Platform (always Highrise) receives 30% of the Highrise Gold generated from the sale.
- The Distributor (in this case the Creator, who created the Experience) receives 40% of the Highrise Gold generated from the sale (70% in total).
Changes to the Highrise Allocation: Highrise can, at any time, upon notice (via any reasonable means, including via email or through posting a notice on the Highrise website) (1) change the Highrise Gold Allocation, and (2) introduce features allowing certain elements of the Highrise Gold Allocation to be customized by those involved in a given sale.
Creator Responsibility for Sales on the Platform: Creator acknowledges that Highrise may, through the Services, on Creator’s behalf, display and host Experiences and Virtual Items created by Creator to be enjoyed by other Users through the Services. When Creators receive Highrise Gold from a User through the Services, the transaction is between the Creator and the User – Highrise only facilitates by providing the Services. If Highrise returns Highrise Gold to a User (or another Creator) for items for which a Creator received the Highrise Gold, Highrise reserves the right to deduct or withhold an equivalent amount of Highrise Gold from such Creator.
Creator Exchange Program: Highrise allows certain Creators to participate in the Creator Exchange Program. Creators that Highrise allows to participate in the Creator Exchange may redeem Highrise Gold that they have earned through the sale of Virtual Items or through the operation of Experiences for U.S. currency based on an exchange rate and other requirements, policies, and limitations that Highrise establishes in its sole discretion (the exchange rate and the general requirements, policies, and limitations of Creator Exchange are published here). Please note that the Creator Exchange Terms describe the requirements that Creators will have to meet to participate in the Creator Exchange Program. Developing Experiences that others will enjoy and spend time (and Highrise Gold) in is difficult and can take a lot of time. Highrise can't promise that a Creator's Experience will be successful in developing a large audience or that the time, effort, and expense that Creator spends developing, advertising, or operating an Experience will be financially successful.
Engagement-Based Payouts: Plus Highrise Gold Payouts are a way for certain Creators to potentially earn additional Highrise Gold based on how engaging an Experience is. Plus Highrise Gold Payouts may be modified or terminated by Highrise at any time in its sole discretion and with no obligation to any Creators as a result of such termination or modification.
Sale of Random Virtual Items: If Creator provides Experiences that allow Users to acquire (with Highrise Gold or otherwise) random Virtual Items, Creator must let Users know the odds of receiving each type of random Virtual Item (that a User might receive) before the User enters into the transaction to acquire the random Virtual Items.
An example: Creator’s Experience allows a User to receive a virtual coin in exchange for Highrise Gold. The User then goes to a different place in the Creator’s Experience and throws the coin into a fountain and gets a random Virtual Item. In this example, Creator must share the odds of receiving each type of random Virtual Item before the User throws the coin into the fountain.
Highrise Asset Store. The Highrise Asset Store is a marketplace for UGC and Virtual Items, built by Highrise or Creators, that Creators can use in the Highrise Studio. These items are Virtual Items and can include Environment Assets, Sounds, Scripts, and other UGC content. These items are sold on the Highrise Asset Store for USD or other local currency (cash). Creators who sell items on the Asset Store are entitled to receive 70% of all cash sales of their items. Creators are also welcome to offer UGC and Virtual Items on the Asset Store for free.
3. Restrictions on Use of Services
In addition to any other restrictions outlined in the User Terms (including Section 6 of the User Terms) or other Highrise Terms, Creators must not engage in any actions that violate these Creator Terms.
No Copying. Highrise encourages all Creators to develop unique ideas. Unless Creators have express written permission or a written license from the original content or UGC creator, they must not duplicate content seen on the Platform or make minimal changes to others' UGC, portraying it as their own. Highrise reserves the right to take action against any improper copying, such as deleting the Creator's Account.
4. Disputes Between Creators & Users
Issues with UGC. Creators are responsible for addressing all issues related to their Experiences and Virtual Items, including resolving complaints from Users promptly and professionally. Returning Highrise Gold to a User. If Highrise returns Highrise Gold to a User for an Experience or Virtual Item for which the Creator received Highrise Gold, Highrise has the right to deduct or withhold an equivalent amount of Highrise Gold from the Creator.
Disputes Between Creators and Other Users. If a dispute arises between a Creator and another Creator (or a User), both parties must first engage in mediation with a recognized mediator or mediation service before proceeding with legal action against the other Creator (or User) and attempt to resolve the issue amicably. This does not apply to disputes related to copying a Creator's UGC, addressed under the DMCA in Section 1(b)(v) above. Highrise reserves the right to terminate the Creator's Account and take any other lawful action in resolving any dispute, including but not limited to the recovery of civil or criminal penalties.
Escalation to Highrise. Despite the terms set forth in this section, Users retain the right to escalate issues with Creators to Highrise, as further described in the related sections of the User Terms. If Highrise intervenes in a dispute between a User and Creator, both parties agree to accept Highrise's decision as final (which may include deducting Highrise Gold from the Creator and crediting it to the User). The Creator must collaborate with Highrise in a timely manner to resolve all such issues, with failure to do so constituting a violation of these Creator Terms.
5. Disputes Between Creators & Highrise
Disputes between Creators and Highrise are managed in accordance with Section 16 of the User Terms.
6. Creator Representations & Warranties
Creators are accountable for their User-Generated Content (UGC) and guarantee that: (a) they are the creator and owner of, or possess the necessary rights and permissions to use and authorize Highrise to utilize the license granted to Highrise in these Creator Terms; (b) their UGC and its deployment as outlined in these Creator Terms will not: (i) infringe, violate, or misappropriate any third-party rights; (ii) slander, defame, libel, or invade the rights of privacy, publicity, or other property-related rights of any person; (iii) require Highrise to obtain licenses from, or compensate or provide attribution to, any third parties; (iv) result in a breach of contract between the Creator and a third party; or (v) cause Highrise to violate any law or regulation; and (c) the Creator will comply with all applicable laws, rules, and regulations and the Highrise Terms during their usage of the Services.
7. Creator Indemnities
Creators agree to be responsible for their use of the Services and agree to defend and indemnify Highrise and its officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries, and agents (collectively, the "Affiliated Parties") against every claim, liability, damage, loss, and expense, including reasonable attorney's fees and costs, arising from or in any way connected with: (a) their access to, use of, or alleged use of the Services; (b) their violation of any part of these Creator Terms, any representation, warranty, or agreement outlined in these Creator Terms, or any applicable law or regulation; (c) their violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between the Creator and any third party. Highrise reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Creator (without limiting the Creator's indemnification obligations concerning that matter), and in that case, the Creator agrees to cooperate with Highrise's defense of that claim.
8. Limitations of Liability
No Consequential Damages. IN NO EVENT WILL THE AFFILIATED PARTIES BE LIABLE TO THE CREATOR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIGHRISE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
Cap. THE AGGREGATE LIABILITY OF THE AFFILIATED PARTIES TO THE CREATOR FOR ALL CLAIMS (INCLUDING WARRANTY CLAIMS) OR CAUSES OF ACTION IS LIMITED TO (I) THE TOTAL AMOUNT PAID OR PAYABLE BY HIGHRISE TO THE CREATOR UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH THE CREATOR NOTIFIES HIGHRISE OF A CLAIM, OR (II) TO THE EXTENT THAT HIGHRISE HAS NOT PAID THE CREATOR ANYTHING IN THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH THE CREATOR NOTIFIES HIGHRISE OF A CLAIM, $1000 (EXCEPT, IN EACH CASE OF THE FOREGOING (I) AND (II), AS NOTED IN THE ARBITRATION SECTION BELOW).
With respect to an Experience created by a Creator, both the Creator and Highrise have the right to use data related to or obtained in connection with that Experience for their respective legitimate internal business purposes to support the Experience and for business analytics, such as: (i) for the improvement and development of the Experience; (ii) to comply with applicable laws (including law enforcement requests); (iii) to ensure the security of the Experience; and, (iv) to prevent fraud or mitigate risk. The Creator agrees that, except as expressly set forth in these Creator Terms, they will not use or disclose any User data.
Concerning the personal information of Users ("User PII") (if and to the extent received by the Creator), the Creator will not (i) use User PII to provide services to any third party; (ii) use User PII to build, help build, track, or supplement any segments, profiles, or similar records on any individual User, device, or browser across the Highrise platform or across any third-party websites or platforms; (iii) use User PII to associate the behavior of any individual device or browser with any segment, profile, or similar record, or supplement any such record based on data of Users; (iv) use User PII to associate any data of Users with any other personal information of the User; (v) sell, disclose, share, rent, lease, syndicate, modify, reverse engineer, decompile, lend, or otherwise alter any User PII; (vi) use User PII for any unauthorized purpose in violation of any applicable law, including applicable privacy laws, or for any unauthorized purpose.
Highrise and the Creator, respectively, (i) shall not knowingly sell any User PII (as the term "personal information" is defined by the California Consumer Privacy Act of 2018, and any rules or regulations made under it as amended from time to time, and (ii) have taken and will continue to take all reasonable measures to protect all User PII under their control or in their possession from unauthorized access by third parties.
10. Highrise Disclaimers
The Services are provided "AS IS," and Section 13 of the User Terms is incorporated herein by reference.
Any part of these Creator Terms which, by their nature, should survive the termination of these Creator Terms will endure such termination, including Sections 1(b), 3, 4, 5, 7, 8, 9, 10, and 11.
// End Terms //
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