Terms & Services

1. Introduction

Applicable Terms. Thanks for using HiPStore. HiPStore is a service provided by HiPStore Inc. (“HiPStore”, “we” or “us”), located at 1600 Amphitheatre Parkway, Mountain View California 94043, USA, and is subject to the HiPStore Terms of Service ("HiPStore ToS"). HiPStore is a “Service” as defined in the HiPStore ToS, and these HiPStore Terms of Service are additional terms which apply to the use of HiPStore. Your use of HiPStore and the digital content available on it is subject to these HiPStore Terms of Service and the HiPStore ToS (which together we refer to as the “Terms”). Separate terms here apply to sales of devices from the HiPStore store (where available).

If there is any conflict between the HiPStore Terms of Service and the HiPStore ToS, the HiPStore Terms of Service shall prevail.

Your use of the HiPStore store requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use the HiPStore store.

2. Provision of HiPStore

Access to Content. You may use HiPStore to browse, locate, and/or download Content) for your mobile, computer or other supported device (“Device”). The availability of Content will vary between countries and not all Content may be available in your country. Some of this Content may be offered by HiPStore while others may be made available by third-parties not affiliated with HiPStore. HiPStore is not responsible for any Content on HiPStore that originates from a source other than HiPStore and does not endorse such content.

3. Your Use of HiPStore

Age Restrictions. In order to use HiPStore you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use HiPStore and to accept the Terms. You must not access HiPStore if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Content under the laws of the country in which you are resident or from which you access or use HiPStore. You must comply with any additional age restrictions that might apply for the use of specific Content on HiPStore.

Basic Use Requirements. To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use of Content and HiPStore. For instance, you may incur such fees if you use services provided through HiPStore on or through third-party services or devices. You are responsible for all such fees.

Updates. You may need to install updates to HiPStore or related HiPStore software that we introduce from time to time to use HiPStore and to access or download Content. Content originating from HiPStore may communicate with HiPStore servers from time to time to check for available updates to the Content and to the functionality of HiPStore, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Content you have installed requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates then please do not use the HiPStore store or install this Content.

Information about You. In order to access certain services or Content on HiPStore, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, is shared between HiPStore and its group companies to operate the Service. HiPStore’s privacy policies explain how we treat your personal data and protect your privacy when using HiPStore. Any such information you provide to HiPStore must always be accurate, correct and up to date. HiPStore may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions and/or provisioning Content to you. HiPStore has agreed with Providers that they will use this information in accordance with their privacy policies.

Unauthorised Access to Accounts. You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of HiPStore or of any user of other HiPStore Services via HiPStore, including account names.

Disabled Accounts. If HiPStore disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing HiPStore, your account details or any files or other Content that is stored with your account. Please see section 6 below for your rights where you are not able to download Content before your account is disabled.

Malware protection. To protect you against the effects of malicious third party software, if you download and attempt to install an Android app onto a Device, the Device may send information about the app and its source to HiPStore. HiPStore will use the information to compare against a database of known malware to determine if the app is harmful or likely to be unsafe. HiPStore may warn you if it considers the app to be unsafe, or block its installation on your device if it is known to HiPStore to be harmful to devices, data or users. As part of this service, and to make it more effective, HiPStore may also receive information, such as your Device ID, IP address, URL visited and one or more cookies. You can always choose to disable this malware protection by going to Settlings > Security on your device.

4. Purchases and Payments.

Free Content. HiPStore may allow you to download or use Content free of charge. Any terms and conditions that apply to purchased Content will apply to free Content, except with respect to payment-related matters (for example, the refund-related provisions of these terms do not apply to such free Content). HiPStore may impose limitations on your access and use of certain free Content.

Purchase of Content. Your contract for the purchase and use of Content is completed once you receive the email from HiPStore confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete.

Pricing. Pricing and availability of all Content displayed on HiPStore are subject to change at any time before you click the button indicating that you want to purchase Content.

Taxes. You are responsible for any Taxes, and must pay for Content without any reduction for Taxes. If the seller of Content is obligated to collect or pay Taxes, the Taxes will be charged to you."Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest.

Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of HiPStore or the purchase of Content through HiPStore. The reporting and payment of any such applicable taxes are your responsibility.

All Sales Final. Except as expressly set forth in the Terms or HiPStore’s refund policies displayed in the Service, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. Your rights to withdraw, cancel or return purchases and get a refund are set out in the additional terms for the relevant Content type set out below and the refund policies displayed in the Service.

6. Rights and Restrictions

License to Use Content. Following payment of the applicable fees for Content, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as HiPStore and the applicable copyright holder have rights to provide you that Content, to download or stream, in each case, solely as expressly permitted by HiPStore via the HiPStore user interface and subject to the restrictions set forth in the Terms and associated policies, copies of the applicable Content to your Devices, and to view, use, and display the Content on your Devices or as otherwise authorized by HiPStore as part of the Service for your personal, non-commercial use only. All rights, title and interest in HiPStore and Content not expressly granted to you in the Terms are reserved by HiPStore and its licensors.

Violation of License Terms. If you violate any of the terms and conditions of the Terms, your rights under this license will immediately terminate and HiPStore may terminate your access to HiPStore, the Content and/or your HiPStore account without refund to you.

No Public Performance. You must not display (in part or in whole) the Content as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement or violate any other applicable right). Use of a tool or feature provided as an authorized part of HiPStore (for example, “Social Recommendations”, as defined in the Music terms below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by HiPStore.

Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any Content or your rights to Content to any third party without authorization, including with regard to any downloads of Content that you may obtain through HiPStore. Use of any tool or feature provided as an authorized part of HiPStore (for example, “Social Recommendations”) shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by HiPStore.

Sharing. You may not use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by HiPStore (for example, through “Social Recommendations”).

Security Features. You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to any Content or HiPStore. If you violate any security feature, you may incur civil or criminal liability.

Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through HiPStore, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.

Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.

Changes to these Terms. If the Terms change, you will be asked to accept new terms before you next purchase Content. Once you have accepted the new terms, they will apply to your use of all Content (including Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes.

If you refuse to accept the updated terms then you will not be able to buy any further Content through HiPStore, and the latest version of the Terms that you accepted will continue to apply to your use of Content. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Content you have previously bought from HiPStore to your Device, and you may continue to view that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.

After that time has expired, you will not be given a further opportunity to download the Content you have previously bought and it is possible that you will no longer be able to use HiPStore to access or use the Content you have already bought or related support services. If this happens, HiPStore will offer you either a replacement of the Content, or a refund of the price of the Content, which will be your sole remedy. To access or use the Content you have already bought or related support services, you may also need to create a new account.