Terms of Service
EFFECTIVE DATE: JULY 2, 2021
Holograph Foundation (“Holograph Foundation,” “we,” “us” or “our”) provides you (“you” or “your”) with access to NFT minting and copyright services (the “Services”) through our website (located at app.holograph.xyz) and our API, subject to the following terms and conditions (the “Terms”), which may be revised and updated by Holograph Foundation from time to time, with or without notice to you.
Please read these Terms carefully before visiting or using the Services and refer to these Terms periodically to make sure that you are aware of the most current terms and conditions of your access to and use of the Services. All changes to these Terms are effective immediately once posted and apply to all access to and use of the Services from that point forward, whether or not you are notified individually of such changes.
If you have a question about these Terms or just want to reach out, please email us at email@example.com.
Access to the Services
Some content and information available through the Services may be available to the general public. However, in order to utilize our Services, you must register for an account with us.
To create an account, we may ask that you provide certain registration details or other information. By providing such information, you represent and warrant that:
● You are at least 18 years of age (or the age of majority in your state or country); and
● All of the information provided is correct, current and complete.
In addition to complying with these Terms, you alone are responsible for:
● All third-party fees, charges or other costs associated with your access to and use of the Services, including any costs associated with your wireless subscriber services and internet services used to access the Services.
● Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
Use of the Services
Subject to your compliance with these Terms, we grant you a personal, nontransferable, nonexclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you herein.
You may only use the Services for lawful purposes, and you agree to notify us if you learn of any misuse.
By using the Services, you agree not to:
● License, sell, transfer, assign, distribute, host or otherwise commercially exploit the Services.
● Modify, prepare derivative works of, disassemble, decompile or reverse engineer any part of the Services, including any content made available through the Services.
● Access the Services in order to build a similar or competitive website, product, application or service without our express prior written consent.
● Attempt to gain unauthorized access to another user’s account or to the Services.
● Upload, transmit or other wise distribute to or through the Services any computer viruses, worms or other software intended to harm or interfere with the intended operation of a computer system or data.
● Use the Services in any manner that could interfere with, disrupt, negatively affect or prevent other users of the Services from using the Services or that could damage, disable, over burden or impair the functionality of the Services in any manner.
● Use any scrapers, crawlers or other automated program to access, query or search the Services.
● Attempt to circumvent any content-related limitations or security procedures that we use.
● Use the Services to violate any law or infringe our rights, or the rights of any other person or entity.
We reserve the right to modify, suspend or discontinue the Services at any time, with or without notice to you. We will not be liable if, for any reason, all or any part of the Services are unavailable for any period. From time to time, we may restrict access to or use of some or all of the Services to users generally or to you individually, for any or no reason.
Fees and Payment
We do not charge you for your use of or access to the Services. However, we may collect gas or other transaction fees imposed by Ethereum and/or other blockchains when you mint non-fungible tokens (“NFTs”).
Payments will be processed via Stripe, a third-party payment gateway. Your use of their services is subject to their terms and conditions, available at https://stripe.com.
We also use MetaMask as a third-party crypto wallet service provider. Your use of their services is subject to their terms and conditions, available at https://metamask.io.
The Services may contain interactive features that allow you to post, submit, publish, display or transmit to others (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contributions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the non-exclusive, irrevocable and perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content and material to use for reasonable business purposes.
By posting any User Contribution, you represent and warrant that:
● You own or control all rights in and to the UserContributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
● All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Holograph Foundation, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.
Monitoring, Enforcement and Termination by Us
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
● Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
● Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS HOLOGRAPH FOUNDATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any User Contribution before they are posted and cannot ensure prompt removal of any objectionable material after it has been posted.Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of any interactive features of the Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You acknowledge that the Services may contain content or links to third-party websites, resources, products or services, which may be posted by advertisers, our affiliates, our partners or other third parties (collectively, “Third-Party Content”). You also acknowledge that the Services may contain sponsored Third-Party Content or advertisements and that we may place advertisements in connection with the display of any content or information about the Services. We do not control Third-Party Content and accept no responsibility for such content, or for any loss or damage that may arise from your access to or use of such content. If you decide to access or use any Third-Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such content. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Holograph Foundation.
Security of Your Account
You are responsible for all activities that occur under your account. You must treat as confidential any login information you choose, or that is provided to you, in connection with your access to and use of the Services and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information.
You agree to notify us immediately of any unauthorized access toor use of your username or password or any other breach of security.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We retain the right to disable any username, password or other identifier at any time if we believe you have violated any provisions of these Terms.
You may, from time to time, submit or recommend to us additional features, functionality, performance, comments, data, ideas, descriptions or other information (collectively, “Feedback”) that we may subsequently incorporate into the Services or other Holograph Foundation products or services. Holograph Foundation and its successors and assigns may freely use, copy, disclose, sublicense, distribute, display and exploit any Feedback in connection with any of our products or services in any manner without any obligation, payment, royalty or restriction based on intellectual property rights, confidentiality or otherwise. You hereby: (i) grant Holograph Foundation a worldwide, non-exclusive, royalty-free, perpetual right and license to use and incorporate such Feedback into any Holograph Foundation product or service, including without limitation the Services; and (ii) acknowledge that any Holograph Foundation product or service incorporating such new features, functionality or performance will be the sole and exclusive property of Holograph Foundation and all such Feedback will be free from any confidentiality restrictions that might otherwise be imposed on us.
Termination by You
You may terminate these Terms at any time and for any reason by deleting your account and discontinuing all use of the Services. If you stop using the Services without deleting your account, we reserve the right to deactivate your account due to prolonged inactivity.
Notwithstanding the termination of these Terms or the deletion of your account, the terms and conditions governing your indemnification, your prohibited uses, the disclaimers of warranties, the limitation of our liability, and any other provision which by its nature is intended to survive such termination, will survive such termination.
You agree to defend, indemnify and hold harmless Holograph Foundation, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “Holograph Foundation Entities”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Services, including but not limited any Third-Party Content; or (iii) your violation of any applicable laws or regulations. We hereby reserve the right to control the defense of any such claims or proceedings for which you are required to indemnify us, and you agree to cooperate with such defense.
Disclaimers of Warranties
We are not a legal advisor and use of the Services is not intended to replace professional advice regarding your intellectual property rights. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
You also understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection, accuracy of data and for maintaining a means external to our site for any reconstruction of any lost data.
THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT. NEITHER HOLOGRAPH FOUNDATION NOR ANY PERSON ASSOCIATED WITH HOLOGRAPH FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, INFORMATION OBTAINED THEREFROM OR ANY CONTENT.
WITHOUT LIMITING THE FOREGOING, HOLOGRAPH FOUNDATION DOES NOT WARRANT OR REPRESENT THAT THE SERVICE SWILL BE ERROR-FREE, UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HOLOGRAPH FOUNDATION WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS DOWLOADED FROM IT, POSTED ON IT OR LINKED TO IT. HOLOGRAPH FOUNDATION DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY SERVICES, PRODUCTS OR CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE, WILL HOLOGRAPH FOUNDATION BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES.
ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSSOF DATA RESULTING THEREFROM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF HOLOGRAPH FOUNDATION EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF HOLOGRAPH FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Arbitration
Any dispute, claim or controversy arising from or relating to these Terms or your use of the Services, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance or termination, shall be settled by arbitration administered under the Rules of Arbitration by the American Arbitration Association applying California law. The place of arbitration shall be Los Angeles, California. Any such dispute, claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any dispute or claim of any other party. By using the Services, you hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms or the Services.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. Any failure by us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We reserve the right to freely assign or transfer these Terms. All Feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org.