Welcome to Hologram! We are thrilled you’ve decided to use the Hologram.cool. We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Hologram.cool. So please read them carefully. By using the Services, you agree to the Terms. By using the Hologram.cool ("Service") you are agreeing to be bound by the following Terms. Of course, if you don’t agree with them, then don’t use the Services.
Who Can Use the Service?
By using the Services, you state that:
You can form a binding contract with Hologram.cool. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the U.S. Government, you agree to the Amendment to Hologram.cool Terms of Service for U.S. Government Users.
Hologram.cool reserves the right to change and/or update the Terms without prior notice. Any new features to the Services shall be subject to the Terms. Continued use of the Services after any such changes shall constitute your consent to such changes. Hologram.cool claims no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. Hologram.cool reserves the right to refuse or remove any Content that is available via the Services. Violation of any of the Terms of Service will result in the termination of your Account.
These Terms provide that all disputes between you and Hologram.cool will be resolved by binding arbitration. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. You acknowledge that you have read, understood and agree to be bound by these Terms, including any future modifications. If at any time you do not agree to these Terms, please immediately terminate your use of the Hologram.cool Services.
Rights we grant you
Hologram.cool grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to use Hologram Studio, only in accordance with the terms and conditions. This license is for the sole purpose of letting you use and enjoy the Services benefits in a way that these Terms and our usage policies. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. Any attempt to do so in any other way shall render the license null and void.
This License does not allow Hologram Studio to be activated and used on computers that are not either owned by you, owned by any fully owned subsidiary of you or owned by or operated primarily by your employees or employees of any fully owned subsidiary of you. This License furthermore does not allow the use of Hologram Studio other than for business purposes of your company.
You may not transfer your Hologram Studio License to another person or legal entity unless Hologram.cool, at its sole discretion, grants you the right to perform such a transfer. To request a transfer of your License you will have to contact Hologram.cool in writing with details pertaining to said desired transfer, including the name and contact details of the other person or legal entity you wish to transfer your License to.
Copyright and restrictions
Copyright and other intellectual, industrial and/or proprietary rights to Hologram Studio and to any whole or partial copies that you make are owned by Hologram.cool or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Hologram Studio except where explicitly allowed in the terms of this Agreement. You agree not to remove any label indicating that Hologram Studio is the subject of copyright and other intellectual, industrial or proprietary rights of Hologram.cool and/or third parties. You may not redistribute Hologram Studio or any part thereof. You agree not to purchase Hologram Studio licenses for the purpose of reselling and/or distributing them, unless prior written agreement from Hologram.cool is granted.
Limitation of liscense validity
Any License to use Hologram Studio granted to you under this Agreement is limited to the current major release of Hologram Studio exclusively. Hologram.cool will at its sole discretion decide when a version of Hologram Studio will be considered a new major release. Hologram.cool reserves the right to change the terms of this agreement in any future major or minor release of Hologram Studio.
Fees may apply for additional services and products offered by Hologram.cool and others, including, but not limited to, services that integrate with Hologram Studio or extend the functionality of Hologram Studio.
Fees may apply for additional services and products offered by Hologram.cool and others, including, but not limited to, services that integrate with Hologram Studio or extend the functionality of Hologram Studio. Hologram.cool does not warrant that Hologram Studio operates on the computer you intend Hologram Studio to be used on and you shall be solely responsible for obtaining a computer compatible with Hologram Studio. Hologram.cool is providing you Hologram Studio on an ‘as-is’ basis without warranty of any kind. Hologram.cool does not and cannot warrant the performance or results you may obtain using Hologram Studio, or that Hologram Studio operates error free.
If you or anyone in your family has experienced symptoms linked to an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your physician before using Hologram Studio. If you experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, and/or convulsions, stop using Hologram Studio immediately and consult your physician.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user’s account, username, or password without their permission. You will not solicit login credentials from another user. You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security of the Services. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.
Limitation Of Liability
To the maximum extent permitted by applicable law, Hologram.cool is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise – including in each case, but not limited to damages rising from inability to use Hologram Studio or access data, loss of data, loss of business, loss of profits, business interruptions or the like – arising out of the use or inability to use Hologram Studio even if Hologram.cool has been advised of the possibility of such damages. Notwithstanding the above, or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
If Hologram Studio is, or in Hologram.cool's opinion is likely to become, the subject of a claim of infringement, Hologram.cool shall have the right, without obligation and at its sole discretion, to: (i) procure for you the right to continue to use Hologram Studio; (ii) replace or modify Hologram Studio In such a way as to make the modified Hologram Studio non-infringing; or (iii) terminate this Agreement. The foregoing states Hologram.cool's and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
You allow Hologram Studio to collect non-personalised data about your usage of the program like device information and crash reports, Hologram.cool may use it to improve its products.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Hologram.cool records and stores the Location Information automatically in the server forever in a secure manner. You must not transmit any worms or viruses or any code of a destructive nature using the Service. Hologram does not warrant that the Service will meet your specific requirements; the Service will be uninterrupted, timely, secure, or error-free. You are also responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Hologram.cool may render your Licence null and void if it finds that the personal information you submitted during online activation or when buying Hologram Studio is incorrect, inaccurate or outdated.
Hologram.cool may use your personal information to validate your personal license rights, to contact you with information related to Hologram Studio and, if you acquired your Hologram Studio license through a reseller, to communicate with said reseller regarding your purchase. Hologram.cool may share your information with its licensors within reason. Hologram.cool will not sell or in any way license usage of your personal information to third parties.
Third Party Software Licences
Hologram Studio may make use of third party software. Notwithstanding the foregoing, use of some third party materials included in Hologram Studio Software may be subject to other terms and conditions. You hereby agree to the terms and conditions for such third party software. Hologram.cool is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
Modifying the Services and Termination
This Terms are effective until terminated. Without prejudice to any other rights, Hologram.cool may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event you must cease all use of Hologram Studio and delete all copies of Hologram Studio that are in your possession.
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Hologram experience, you can terminate these Terms at any time and for any reason by deleting your account. Hologram.cool may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire agreement between you and Hologram.cool relating to Hologram Studio and supersedes all prior oral or written communications and representation with respect to Hologram Studio or any other subject matter covered by this Agreement.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.
U.S. Government End Users
Hologram Studio is being licensed to U.S. Government end users only as Commercial Computer Software, and with only the exact same rights granted to all other end users in the terms and conditions of this Agreement. All unpublished rights are reserved under the Copyright laws of the United States and International copyright treaties and other relevant agreements.
Respecting Others People’s Rights!
Hologram.cool respects the rights of others. And so should you. You therefore may not use the Services in a manner that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other
- intellectual-property right.
- bullies, harasses, or intimidates.
- spams or solicits our users.
You must also respect Hologram.cool rights. These Terms do not grant you any right to:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services.
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
- use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
In short, you may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.
The Content of Others
Some aspect of the Services provided by Hologram.cool such as the content uploaded to Cloud is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Hologram.cool reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
Hologram.cool honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Hologram.cool becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please you may file a notice at support@Hologram.cool.
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- identify the copyrighted work claimed to have been infringed.
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
- provide your contact information, including your address, telephone number, and an email address.
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Hologram Services are owned and operated by Hologram.cool. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services provided by Hologram.cool (the 'Materials') are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the Services are the property of Hologram.cool or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hologram.cool or its affiliates or third-party licensors. Except as expressly authorized by Hologram.cool, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Hologram.cool reserves all rights not expressly granted in these Terms.
You are responsible for any activity that occurs in your Hologram account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You will not buy, sell, rent, or lease access to your Hologram account, Chats, a Hologram username, or a friend link without our written permission. You will not share your password. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately reach out at firstname.lastname@example.org.
We try to keep the Services up and running but we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Hologram.cool ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
HOLOGRAM.COOL TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Hologram.cool WILL BE RESPONSIBLE FOR.
If any dispute, controversy or claim arises between the parties under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation. If the Dispute is not resolved in this manner within forty-five (45) days of a party’s notice of a Dispute, then any party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as follows:
Any Dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney rewards) and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and costs of the ADR Provider.
Any other Dispute (including whether the claims asserted can be arbitrated) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the New York, NY office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be New York, NY, USA. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney’s rewards, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ rewards, costs and disbursements (including, for example, expert witness rewards and expenses, photocopy charges, travel expenses, etc.), and/or the rewards and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of any limitations set forth in this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New York law or United States Federal law.
Notwithstanding the foregoing, Hologram.cool may proceed directly to any court of competent jurisdiction to seek protection or enforcement of its intellectual property rights and/or to seek injunctive relief or other equitable relief.
This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without Hologram.cool’s express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. Hologram.cool may assign this Agreement or any of its rights under this Agreement to any third party without your consent.
Hologram.cool’s remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to Hologram.cool for which monetary damages would not be an adequate remedy and, therefore, Hologram.cool will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.
All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Entire Agreement Modifications
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. Hologram.cool reserves the right to make changes to this Agreement, at its sole discretion, pursuant to Section 2 above.
In the event that you provide Hologram.cool with any feedback regarding Hologram Studio or any of its Services, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for Hologram Studio or the Service (collectively, “Feedback”), you hereby assign to Hologram.cool all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Modifications to the Services
Hologram.cool reserves the right at any time to modify or discontinue, temporarily or permanently, its Services (or any part thereof) with or without notice. You agree that Hologram.cool shall not be liable to you or to any third party for any modification, suspension or discontinuance of Hologram Studio or the Services.
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Hologram.cool, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent.
If you have any questions concerning this Agreement, please contact Hologram.cool through the appropriate sections of Hologram.cool.