Updated on November 30th, 2017
Welcome to the website of HoloCom, Inc. ("Site"). By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing User use of any areas and services of the HoloCom, Inc. website Holo.com (“Services”) as set forth below.
There may be additional terms and/or product requirements, including age requirements, that might apply in the use of our Services. These additional terms will be available with the relevant Services and these additional terms become a part of User’s agreement for use of this Site.
USE OF SITE
Prohibition on misuse of Site
User may not misuse this Site. Such prohibited misuse includes interfering with Services, and attempts to access Services within Site without authorization. Such authorization could include payment of a registration fee, as may be required to obtain full access to Services. User may not use content from Site nor Services unless authorized to do so. If authorized to use content from Site or Services, appropriate legal notices, to include intellectual property ownership notices, must be displayed in or along with such use.
User does not own and may not misappropriate nor misuse any of the intellectual property rights in Services or the content accessed from the Site. See Proprietary Rights in Content, below. Such protected intellectual property includes the available virtual space appearances, arrangements, and fixtures, any branding, logos, and associated graphics, holographics, and other displayed intellectual property created by HoloCom, Inc. User may not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of this Site including its Services except as expressly permitted by HoloCom, Inc. and its authorized affiliates.
Communications, announcements, administrative messages, and other information may be sent to User from time to time in connection with User’s use of Services. These communications may be opted out of.
Where Services are available on mobile platforms, User may not use Services in a way that distracts or prevents User from obeying other laws, including traffic or public safety laws.
Our Services employ some content that is not HoloCom, Inc.’s. See Your Content in HoloCom, Inc.’s Services below. This content is the sole responsibility of the entity that makes it available. However, it is in our discretion to review content to determine whether it is legal or whether it violates our policies, or governing law, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.
Reservation of the right to enforce prevention of misuse of Site
HoloCom, Inc. and its authorized affiliates reserve the right to suspend Services, refuse Services, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if it is believed that User conduct violates applicable law, is under investigation for suspected misconduct, or if User actions are harmful to the interests of the Site, Services, other Users, HoloCom, Inc., or any of its authorized affiliates.
Modifying and Terminating our Services
Site and Services may constantly be changing, improving, adapting to include adding or removing features, or Service being suspended, stopped, or new limitations added to use at any time to include providing subscription-based content accessible only for a fee.
User may stop using Services at any time, or HoloCom, Inc. may stop providing Services to User. HoloCom, Inc. recognizes the importance of User’s data and User’s access to such data on Site. Where reasonably and legally possible, HoloCom, Inc. may provide User with reasonable advance notice if any such discontinuation of Service might prevent access to such data transacted by User in Site, or in connection with Services.
Proprietary Rights in Content
User acknowledges that the Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of HoloCom, Inc. and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of HoloCom, Inc. and is protected by U.S. and international copyright laws. The Content and software on this Site may be used as a virtual conference-space resource, to include virtual uploading of images produced by User to create a virtual conference-space. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited.
Your Content in HoloCom, Inc.’s Services
User remains responsible for any and all content that they upload, submit, store, and send. User gives HoloCom, Inc. a limited license to such content for the purpose of operating, promoting, and improving Services, and developing new Services. This limited license includes a worldwide license to use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display, distribute, create derivative works, adaptations, translations, improvements such that User’s content works better with Site and Services. This limited license continues even when User stops using Services, for continuity in adaptation of Site. User must be sure that they have the necessary rights to grant HoloCom, Inc. this limited license for User-submitted content used in connection with Services.
Neither the Site, HoloCom, Inc., its authorized affiliates, any of the respective officers, directors, employees, or agents, nor any third party, including any User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its fitness for any particular purpose. HoloCom, Inc., the Site and authorized affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized employees of Holocom, Inc. Under no circumstances shall the Site, HoloCom, Inc., its authorized affiliates, or any respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through other Users and/or third parties on the Site. It is the responsibility of the User to evaluate the information, opinion, advice, or other Content accessed through this Site and available through this Site.
User is prohibited from the illegal or unauthorized use of third-party content that might be otherwise protected by its owner. We respond to allegations of copyright infringement, and other internet and cyber law matters according to processes stated by governing law.
User may need an account to use some of the Services associated with this Site. User may create an account or authorize another to do so. If User is using an account associated with a team, group, or other entity, different and/or additional terms may apply and this entity may be able to access or disable User’s account.
For User to protect the security of their account, keep personal access information to include any associated usernames and/or passwords, or biomimetic or encrypted security access codes confidential.
User is responsible for the activity that occurs through their account. If User learns of any unauthorized use of their account, please contact HoloCom, Inc. immediately.
When a Service requires or includes downloadable software, this software may update automatically once a new version or feature is available. Alternatively, User may adjust their automatic update settings for some Services.
HoloCom, Inc. strives to protect information provided by User and shared by User in connection with Site and Services. Services are encrypted to ensure the reasonable security and protection of any private information that has been transacted on the Site. Access to personal information is restricted to HoloCom, Inc. employees, contractors, agents, and authorized affiliates who need to know such information for Site functionality and associated processing. These individuals and entities are subject to strict contractual confidentiality obligations, and may be disciplined or terminated if they do not meet the standards of confidentiality that HoloCom, Inc. sets to protect the User. Access to non-personally identifiable information may be allowed publicly and with our authorized affiliates, for example, in connection with publishers, advertisers, or connected sites regarding general use of Services.
Many technology and communications companies regularly receive requests from governments and courts around the world to hand over user data. HoloCom, Inc.’s legal counsel will review each and every such request, and may push back when the requests are unreasonable, for example, if they appear overly broad or are not in accordance with correct processes and procedures.
Should privacy complaints be received, HoloCom, Inc. or its authorized affiliates will follow up on the complaint. Holocom, Inc. works with the appropriate regulatory authorities, including data protection authorities, to resolve any complaints regarding the transfer of personal data that Holocom, Inc. cannot resolve with Users directly.
For further information regarding HoloCom, Inc.’s use of its technologies, existing privacy settings and safeguards, please contact HoloCom, Inc. directly.
User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
HoloCom, Inc. and the Site reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Site, its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither the Site nor its affiliates or their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers") can ensure prompt removal of questionable content after online posting. Accordingly, neither HoloCom, Inc., the Site, nor its Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
User agrees that use of this Site is at User's sole risk. Neither the Site, nor its Providers, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information, content, service, or technology provided through this Site.
THIS SITE AND THE SERVICES ARE PROVIDED BY HOLOCOM, INC. ON AN "AS IS"AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR SERVICES, INCLUDED ON THIS SITE HAVE BEEN MADE. HOLOCOM, INC. DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET USER’S NEEDS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLOCOM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHEN PERMITTED BY LAW, NEITHER HOLOCOM, INC., THE SITE NOR PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. NEITHER HOLOCOM, INC., THE SITE NOR ITS PROVIDERS WILL BE LIABLE FOR CLAIMS UNDER THESE TERMS ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Under no circumstances shall HoloCom, Inc. or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or other internal data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether resulting from natural disasters, communications failure, theft, destruction, or unauthorized access to records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, software, holographic communications and any and all Services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law. In all cases, HoloCom, Inc. and its Providers will not be liable for any loss or damage that is not reasonably foreseeable.
BUSINESS USES OF OUR SERVICES
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
TERMINATION OF USAGE
HoloCom, Inc. and the Site may terminate User's access, or suspend any User's access to all or part of the Site, without notice, for any conduct that HoloCom, Inc., with sole and full discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the Site or any of its affiliates.
User agrees to indemnify and hold HoloCom, Inc., the Site, its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.
All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of HoloCom, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
Any trademarks appearing on the Site may only be used with express written permission.
Any patents or design patents appearing on the Site may be used according to appropriate licensing terms.
Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be conducted in Albuquerque, New Mexico, and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party.
This User Agreement shall be construed and governed in all respects by the laws of the State of New Mexico.
If there should arise any conflict between these terms and any additional terms, the additional terms will control for that conflict. If a particular term or condition is unenforceable, this will not affect any other term or condition.