Privacy and Terms
PRIVACY STATEMENT
Information Collection and Use
This privacy statement covers collection of personal information and non-personal information. Personal information is any information associated with your name or personal identity. Non-personal information is data about usage patterns, reported in aggregate, which is not associated with a specific personal identity.
Higher Spectrum Media uses personal information to better understand your needs and interests and to provide you with better service. Personal information will only be used to support your customer relationship with Higher Spectrum Media.
In general, you can visit our website without providing us with any personal information. However, to order products or services or request information on Higher Spectrum Media's site, you will be asked to provide us with personal information, including name, address, phone, email address, and/or credit card information. Credit card information is used only for payment and order processing and fraud prevention, and is not used for other purposes.
Non-personal information we collect may include the pages visited on our website, browser type, browser language, operating system, and IP address. Non-personal data is aggregated to understand Higher Spectrum Media website usability and performance.
Cookies
Most non-personal information is collected via cookies. Higher Spectrum Media may use cookies to enhance the user experience and personalise content. A cookie is a small data file that is transferred to your hard drive and identifies you as a unique user. Cookies help us understand which areas of the website are most popular, so we can improve the user experience onfuture visits.
IP Addresses
We may use your IP address to help diagnose problems or to gather demographic information, such as country of origin.
Javascript
Higher Spectrum Media uses Javascript code to gather information about a user's browser. This non-personal information includes window and screen size, browser language, color depth and plug-ins installed.
Financial Information
Higher Spectrum Media's site includes forms that you complete to request information, products, and services. These forms may collect your financial information, such as your credit card details. Any financial information that you submit will only be used for billing, payment, and order processing purposes.
Online purchasing occurs using secure server technology. The secure server technology used encrypts your personal financial information before it is transmitted over the Internet, making it secure. You can only purchase products on Higher Spectrum Media's website using a browser that supports secure server technology.
Disclosure of User Information
- Higher Spectrum Media will not sell, rent, or lease your personal information to third parties. We will not share your personal information with business partners or any other third party company except as described below:
- We employ other companies and people to perform tasks on our behalf and may need to share your information with them to provide products or services to you. Examples include providing customer service, processing credit card payments, fulfilling orders, and providing marketing assistance. Unless we tell you differently, our agents do not have any right to use your information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of your information for the above purposes.
- We may send promotional offers to you. However, you will be provided the opportunity to opt-out of receiving such promotional offers.
- We may release your information when we believe in good faith that release is necessary to comply with federal, state or local law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Higher Spectrum Media, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction (as described above) and to comply with export laws.
- Except as set forth above, you will be notified when your information may be shared with third parties, and will be able to prevent the sharing of this information.
Data Integrity and Security
We strive to maintain the reliability, accuracy, and completeness of personal information in our databases and to protect the privacy and security of our databases. Our servers and databases are protected by reliable security technology.
Your Choices relating to your Personal Information
As stated previously, you can always opt not to disclose personal information to us, even though it may be needed to make a purchase or take advantage of certain services and features on our website. You may request an update or deletion of your account by sending an email to our This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Please note that some information may remain in backups of our records after deletion of your account, but diligent efforts will be employed to remove your information, and we may retain certain of your information if we believe in good faith that retaining such information is necessary to comply with law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Higher Spectrum Media, our employees, our users, or others.
Links to Other Sites
This site contains links to other sites. Higher Spectrum Media is not responsible for the privacy practices or the content of other websites. Please refer to the policies of the respective site.
Your Consent and Our Revisions to the Privacy Statement
Higher Spectrum Media occasionally reviews and modifies this Privacy Statement therefore we recommend that you review the terms from time to time to make sure you are aware of how we collect and use personal information. By using our website you consent to the collection and use of your personal information as outlined here.
Further Information
If you have questions regarding our Privacy Statement, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
TERMS OF USE
1. Acceptance of Terms
The Website www.higherspectrum.com ("higherspectrum.com") which is owned and operated by Higher Spectrum Media, LLC ("Higher Spectrum Media") provides access to this Website ("Site") subject to the acceptance of this User Agreement ("Agreement") by all persons accessing, browsing, or otherwise using this Site ("User" or "you"). This Agreement may be updated by Higher Spectrum Media from time to time without prior notice to you. Higher Spectrum Media encourages you to review this Agreement periodically for any updates or changes. By accessing or using the Site, you agree to be bound by the terms of this Agreement, as revised. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, codes of conduct or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement please contact Higher Spectrum Media using the Site.
2. Disclaimer
The contents of the Site, such as text, graphics, photographs, software and other material (the "Content"), is presented for informational purposes only. Higher Spectrum Media will use reasonable efforts to include up-to-date and accurate information in this Site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third party information, such as, but not limited to, press releases, articles, or information from third-party web sites linked to or from this Site.
3. No Endorsement of Links to Other Websites
Any links to other sites are provided as merely a convenience to you. This Site may provide links or references to other sites but Higher Spectrum Media has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the content from these other sites. You understand that, except for information, products or services clearly identified as being supplied by Higher Spectrum Media, Higher Spectrum Media does not operate, control or endorse any information, products or services on the Internet in any way. Higher Spectrum Media does not endorse or make any representations about these sites, any information or other products or materials found on these sites, or any results that may be obtained from using these sites. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms of Higher Spectrum Media's privacy policy (above). You acknowledge that the Site may link to other sites not controlled by Higher Spectrum Media, LLC and that the collection of your data by these sites is outside the scope of Higher Spectrum Media's control.
5. Use of the Site
You also understand that Higher Spectrum Media cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, "Hazards"). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
6. System Integrity
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or other information that you provide to Higher Spectrum Media in connection with the use of the Site: a) shall not be obscene or indecent; b) shall not contain any Hazards; c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and (e) shall not create any liability for Higher Spectrum Media, or cause Higher Spectrum Media to lose (in whole or in part) the services of its Internet Service Provider(s) or other suppliers. Users shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
9. NO WARRANTIES
HIGHER SPECTRUM MEDIA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND HIGHER SPECTRUM MEDIA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. HIGHER SPECTRUM MEDIA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10. System Outages
Higher Spectrum Media periodically schedules system downtime for maintenance and other purposes. Unplanned system outages may also occur. Higher Spectrum Media shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
11. Indemnification
You agree to indemnify, defend and hold Higher Spectrum Media and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from (i) your use, misuse or abuse of the Site, or (ii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Higher Spectrum Media defense of any claim. Higher Spectrum Media reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Higher Spectrum Media, LLC.
12. Intellectual Property
The Content is the property of Higher Spectrum Media and/or its affiliates or partners and is protected by federal and international copyright and trademark laws or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Higher Spectrum Media. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the Content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Higher Spectrum Media.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, exclusive of its choice of law, rules and matters affecting copyrights, trademarks and patents under United States federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Nevada and of the United States of America located in the State of Nevada for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Nevada Courts and agree not to plead or claim in any Nevada Court that such litigation brought therein has been brought in an inconvenient forum.
14. International Users
Higher Spectrum Media makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
15. Severability
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement.
16. Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
17. No Waiver
Any delay or failure by you or Higher Spectrum Media, at any time or times, to require performance of any provision hereof shall in no manner affect your or Higher Spectrum Media's right at a later time to enforce such provision. No delay or failure of you or Higher Spectrum Media in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Higher Spectrum Media and you pertaining to the subject matter hereof. In its sole discretion, Higher Spectrum Media may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, please contact Higher Spectrum Media
19. Assignment
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Higher Spectrum Media. Higher Spectrum Media may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HIGHER SPECTRUM MEDIA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIGHER SPECTRUM MEDIA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
22. Accurate Information
In consideration of your use of the Site, you agree to: (a) provide true, accurate, and current and complete information as prompted on the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Higher Spectrum Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Higher Spectrum Media may suspend or terminate your use of the service and/or decline to permit your continued use of the Site and future access to the Site.
23. Feedback
Should you respond to the Site by providing feedback, such as questions, requests, opinions, comments, suggestions, ideas, or the like, such information shall be deemed to be the property of Higher Spectrum Media. Higher Spectrum Media shall have no obligation of any kind to the User with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation and without license. Higher Spectrum Media, LLC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.