UPDATE TO hi5 TERMS OF SERVICE

hi5 has updated the Terms of Service which govern your continued use of hi5.com. Below is a summary of the updated terms, which became effective on March 26, 2025.

UPDATED DISPUTE RESOLUTION PROCESS

hi5 has updated the process for resolving disputes and has instituted a new arbitration process as an effective means for dispute resolution. More information regarding the updated dispute resolution process is located in the Dispute Resolution Center and in Section M of the hi5 Terms of Service.

• In order to expedite the resolution of disputes and provide Members with greater access to make their complaints heard, hi5 has updated its dispute resolution process.
• hi5 has provided Members with the opportunity to submit an official Notice of Dispute and request resolution of their complaint. All further disputes between hi5 and Members shall be resolved solely through arbitration. hi5 and each Member waive any and all rights to a jury trial and to participate in a class action. This process is intended to protect both parties from excessive costs and time commitments and facilitate a quick and fair resolution.
• hi5 and Members will still have the right to file a complaint in small claims and/or bring any claim to the attention of a government agency.
• hi5 and Members will have the opportunity to submit a Notice of Dispute, in an attempt to quickly resolve any disputes within 30 days of receipt.
• In the case that hi5 and the Member are unable to reach an acceptable resolution through the Notice of Dispute, hi5 has provided for an arbitration process whereby either party may initiate arbitration proceedings.
• All arbitration hearings will be held in San Francisco County, California and conducted by the American Arbitration Association (AAA), governed by the AAA rules.
• For claims of $10,000 or less, a Member may elect to conduct arbitration over the phone or solely on the basis of document submission.
• hi5, at its sole option, may direct the AAA to consolidate all pending individual claims arising out of related transactions, events or occurrences and involving a common question of law or fact.
• n some cases, a Member may send a request for hi5 to pay all or part of the arbitration fees.
• In order to encourage hi5 to consider and propose a fair settlement offer upon receipt of a Notice of Dispute, hi5 has provided for certain guarantees and imposed potential penalties solely on hi5, entitling the Member to certain minimum awards and attorney fees in the case that a Member receives an arbitration award that is of a higher value than what was initially offered by hi5.

FILING A CLAIM

hi5 has updated the terms relating to time limitations for filing a claim against hi5. More information regarding the updated filing terms is located in Section R of the hi5 Terms of Service.

• hi5 has clarified that Members agree to file any claim against hi5 within a 1 year period, or lose the right to such claim.

GAME CURRENCY

hi5 has updated its terms relating to its game currency to assist hi5's efforts at preventing fraud and help reinforce a fair and equitable environment for playing games. More information regarding the updated hi5 game currency terms is located in Section G of the hi5 Terms of Service.

• hi5 has clarified that all purchases of Tagged Gold result in a limited, license and not purchase of property.
• hi5 has clarified, that in an attempt to battle fraud and reinforce a fair environment in game play, all purchases of Gold are final and not refundable under any circumstances.
• hi5 has clarified that the purchase of Virtual Goods with Tagged Gold results in a limited license to such Virtual Goods and hi5 has the right to discontinue Virtual Goods at any time.
• hi5 has clarified that hi5 has the sole discretion to redeem your Virtual Currency and re-distribute your Virtual Goods if your account remains "Inactive" for a period of two (2) years or more.
• hi5 has the right to correct billing errors and Members are required to notify hi5 of billing errors within 120 days of occurrence.

PREMIUM MEMBERSHIP

hi5 has updated its terms relating to a Premium service that is now available to hi5 members. More information regarding the updated hi5 Premium terms is located in Section G of the hi5 Terms of Service.

• hi5 has clarified that it has made available a Premium Membership for hi5 Members for a monthly fee.

CONSENT TO COMMERCIAL MAIL

Hi5 has updated its terms related to hi5 commercial email policy. More information regarding the updated hi5 commercial email policy is located in Section E of the hi5 Terms of Service.

• hi5 has clarified that as a Member, you agree to receive commercial email messages from hi5 and its affiliates.

MEMBER CONDUCT

hi5 has made revisions to some of the content users are allowed to post to assist hi5's efforts at preventing inappropriate content from being posted to hi5.com. More information regarding the updated content terms is located in Section C of the Tagged Terms of Service.

• hi5 has expanded prohibitions of listing referral email addresses.
• hi5 has expanded prohibitions against Member holding themselves out as sponsored by, endorsed by, or affiliated with the Site.
• hi5 has expanded prohibitions against Content Harmful to Minors.
• hi5 has expanded prohibitions against patent, trademark, trade secret, copyright and other intellectual property infringement.
• hi5 has expanded prohibitions against attempts to gain unauthorized access to the hi5 database or other computer systems.
• hi5 has expanded prohibitions against attempts to reverse engineering of software used by hi5 in connection with the Site.
• hi5 has expanded prohibitions against attempts to collect personal data of other Members.
• hi5 has expanded prohibitions against posting information that poses to create security or privacy risks to another person.