Terms of Service

Last updated: May 23, 2023

This Agreement applies to The Daily Hi website. This agreement also applies to various services offered, including but not limited to subscription, membership, media clients, newsletters and other services that may be added.

Acceptance of Agreement

By accessing The Daily Hi, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these “Terms) at any time. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may stop accessing or using our services at any time.

Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email.

Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service, and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service.

These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under The Daily Hi control and The Daily Hi is not responsible for and does not endorse their content.

You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.

Children Under 13

The Daily Hi are not directed to children under the age of 13. The Daily Hi will not knowingly collect personally identifiable information from anyone under 13.

Data Protection and Privacy

The Daily Hi values and respects the privacy of all its users and takes all means to ensure we comply with relevant laws around data protection, including GDPR in Europe. You can read our Privacy Policy here.

Intellectual Property

If you believe that any material available on thedailyhi.com, including that hosted our community forums, infringes on your copyright(s), please let us know by submitting a DMCA notice.

Before submitting please check that the use does not fall under fair use. We advise you to seek legal advice if you are unsure.

You could be liable to pay damages if you materially misrepresent that any material or activity infringes on your copyright.

Please submit any complaints to our email at admin@thedailyhi.com.

Please include the following:

1. A description of the content and its location in enough detail that we can find it on our site. This might be a URL link to the page where it is present. If more than one work is involved, please list them

2. A signature (physical or electronic) of the copyright holder or someone authorized to act on their behalf.

3. Your name, address, telephone number, and email address.

4. A statement declaring the information in the notification is accurate, and that under penalty of perjury you are authorized to act on behalf of the owner of an exclusive right hat has been allegedly infringed.

5. A statement that you believe in good faith that the content in the complaint has not been authorized for use by the copyright owner, one of their agents or the law.

Digital Minefield will promptly remove or disable access to any material claimed to be infringing.

Services

The Daily Hi Site and Services

As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through The Daily Hi Sites and Services. Some Services offered on The Daily Hi are presently provided free of charge. It is possible that this could change in the future.

Service Limitations

We will do our best to make your experience with The Daily Hi a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that The Daily including the services of our third-party service providers, are provided “AS IS.” The Daily Hi and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery, or failure to store any user data, communications, or personalization settings.

Service Changes and Discontinuation

The Daily Hi reserves the right to change or discontinue, temporarily or permanently, the services at any time without notice. You agree that The Daily Hi will not be liable to you or any third party for any modification or discontinuance of services.

Conditions of Use

For the benefit of the entire The Daily Hi community, and to comply with applicable laws, we have a set of rules that we ask that you follow. We feel these are not unreasonable and make sense both to benefit the site and yourself. Breach of these rules is grounds for termination of your account. Please read them carefully.

Provide Accurate Information

You agree to provide true, accurate, current, and complete information about yourself as requested in The Daily Hi registration forms. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.

Protect Your Password

Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify The Daily Hi immediately of any unauthorized use of your password or account or any other breach of security.

Stay within the Law

You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, racist, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.

Content Restrictions

The Daily Hi attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of The Daily Hi are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on The Daily Hi is strictly prohibited without the prior written permission of The Daily Hi. Content that is publicly available on The Daily Hi Sites and Service may not be stored in a computer, except for personal and non-commercial use. You can see further details on copyright page.

Limits on Uses of User Information

By using any The Daily Hi Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user’s (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by The Daily Hi, including but not limited to any Commercial Purpose.

“Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences; using the data for targeted marketing campaigns; or using the data to offer services to The Daily Hi users. The Daily Hi reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.

You may not probe, scan, or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any The Daily Hi account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person’s use of the Sites or Services.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to The Daily Hi on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Permissions You Grant to The Daily Hi

Distributing Content You Produce

Subject to The Daily Hi Privacy Policy, you are licensing to The Daily Hi any “content” you provide through or to The Daily Hi Sites and Services.

User submitted content includes but is not limited to: letters or emails; cheat codes; board posts; reader reviews; game ratings, data, notes and testimonials; and poll votes. The Daily Hi may modify, display, distribute and create new material using such content on The Daily Hi for the promotion and marketing of our services and the operation of our system.

By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, The Daily Hi and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.

When you submit a Game Cheat, Game Walkthrough, DVD Easter Egg, Review, Editorial, News Item, or any other content submission it is considered your original and copyrighted work and you are licensing the content to The Daily Hi for publication.

We may modify the format and display of the work or edit but not alter the content. It may be distributed across The Daily Hi for promotion and marketing of our services and operation of our system.

Advertising

The Daily Hi rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that The Daily Hi may display advertisements and promotions of all kinds in the services.

Account Access

In order to ensure that The Daily Hi are able to provide high-quality services that are responsive to our members’ needs, you agree that The Daily Hi employees have access to your account and records as reasonably needed to investigate complaints.

Merger or Acquisition

In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by The Daily Hi, The Daily Hi may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.

Disclaimer of Warranties

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The Daily Hi and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Daily Hi makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from The Daily Hi Site and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.

User Content

You acknowledge and agree that The Daily Hi do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, racist, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another.

You acknowledge that The Daily Hi do not pre-screen any user posted content, but that The Daily Hi and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits The Daily Hi Sites and receives information or uses The Daily Hi Services.

Limitation of Liability

You agree that The Daily Hi will not be liable to you for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Daily Hi Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.

Indemnification

You agree to protect and fully compensate The Daily Hi and their service providers from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney’s fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

Further Information

The Daily Hi Site and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The Daily Hi do not endorse any of the treatments, medications, or products discussed herein.

The Daily Hi rights under this Agreement may not be waived unless The Daily Hi agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with The Daily Hi prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.

All matters relating to your access to, or use of, the Service shall be governed by United Kingdom Law. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and The Daily Hi Sites and Services.

Newsletter subscription Terms of Service

THIS NEWSLETTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“SUBSCRIBER”, “YOU,” “YOUR” OR “YOURSELF”), AS THE END USER, AND Digital Minefield Ltd (“OUR,” “US,” “WE” OR “The Daily Hi”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING The Daily Hi Subscription SERVICE (THE “SERVICE”). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.

Subscriber Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password.

Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform The Daily Hi of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until The Daily Hi is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.

Access

You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. The Daily Hi will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

Warranty

No warranty is made by The Daily Hi regarding any information, services, or products provided through or in connection with premium services, and The Daily Hi hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.

Limitations of Liability

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

Use Restriction

The material on The Daily Hi is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. The Daily Hi spends a great deal of time and money to obtain the information appearing on our sites.

You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from The Daily Hi Sites or Services, without express written permission from The Daily Hi. You agree that if you do so, The Daily Hi reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

Changes to the Agreement

This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make.

If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend, or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability.

Notices

Notices by The Daily Hi to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.

The Agreement

This Agreement is governed by the laws of the United Kingdom without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the United Kingdom legal system in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).

Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state, or federal law or.

The Daily Hi expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, or federal law.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and The Daily Hi with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Daily Hi with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

User Page Account Termination

The Daily Hi reserve the right to terminate your access to any or all of the Boards or your User Page at any time without notice for any reason whatsoever.

Downloads and Installations

Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and The Daily Hi will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from The Daily Hi or our third party service providers will create any warranty not expressly stated. The Daily Hi makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in The Daily Hi or third party software will be corrected.

If you have any questions regarding our terms of service please use our contact form.