TERMS OF USE

Welcome to Holopipe!

Pointmedia. (“Pointmedia,” “we” or “us”) is providing you with access to the Holopipe platform, which allows a user (“User” or “you”) to download, upload and/or publish content files to the Holopipe website and use in our application. All elements of the Holopipe platform, along with our software, are referred to herein as the “Services,” and may be modified from time to to at our sole discretion.

By registering with us, or by using the Services, you agree to be bound by these Terms of Use (the “Agreement,”) which we may update from time to time. Your continued use of the Services constitutes your consent to such changes. PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, ACCESSING OR USING THE APPLICATION AND/OR WEBSITE PLATFORM YOU AGREE ON OUR TERMS OF USE. IF YOU DO NOT AGREE ON THESE, YOU MAY NOT USE THE SERVICES. BY THE CONTINUAL USAGE OF THE SERVICES YOU ACCEPT CHANGES OF THE TERMS OF USE. IF YOU DON’T AGREE UPON THE CHANGES, PLEASE DO NOT USE OUR SERVICE ANY FURTHER AND PARTICULARLY DELETE OUR APP.

Our Privacy Policy, which explains how we use personal data, is located at https://holopipe.com/privacypolicy and is considered part of this Agreement. By using the Services, you agree that your information may be collected and used in accordance with our Privacy Policy and this Agreement.

OVERVIEW

1. THE HOLOPIPE SERVICE

1.1 DESCRIPTION OF SERVICE.

We agree to provide you with the Service. The Service includes Holopipe applications, services, technologies, and software that we are provide to bring Content out to the people. Holopipe offers free services (“Free Services”) with limited functionality, as well as various tiers of paid services (“Paid Services”) plans with enhanced functionality. Detailed descriptions of the plans, including pricing and features are available at https://holopipe.com/account.

1.2 OFFERING A PLATFORM TO CREATE, CONNECT, DISCOVER AND SHARE.

People think differently and are not equals, we want to strengthen relationships through shared Content. So we built a system where you can share Content or find Content you care about, or even discover new Content that you find interesting.

1.3 DEVELOPING NEW TECHNOLOGIES THAT HELP US CONSISTENTLY SERVE OUR GROWING COMMUNITY.

We are always trying to push the limit with our Holopipe platform. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on a large scale for a broad global community.

1.4 CONNECTING YOU WITH BRANDS.

We may have third-party Content from our partners that are in Holopipe to show you their Content

1.5 RESEARCH.

We use the information we have on the usage of our platform on Holopipe to study and do research to make our Service better.

2. GENERAL CONDITIONS

2.1 ACCOUNT.

A Holopipe account is required in order to use the Services. The account can be created via third-party website that is hosted by Microsoft. You don’t have to disclose your identity on Holopipe, but you must provide us with up to date information (including registration information) so it remains accurate and current. Also you may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission. If you use this site and our app, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account and password. You can’t attempt to buy, sell, or transfer any aspect of your account (including your public profile name) or solicit, collect, or use login credentials or badges of other users. You can’t use a domain name or URL in your Public Profile name without our consent.

2.1 ACCESS.

Pointmedia and its associates reserve the right to refuse the Service, terminate Holopipe accounts, remove or edit content, cancel orders in their sole discretion, and block or prevent your future access to and use any portion of the Service.

2.3 MINORS.

THE SERVICE ARE NOT INTENDED FOR CHILDREN UNDER 13! Persons under the age of 13 are prohibited from registering with or using the Service. You agree that you are more than 18 years of age or, if you are between 13 and 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

3. USER CONTENT.

3.1 GENERAL.

Using the Services, Users may upload Content that you remain the owner of at all times, we do not claim ownership of User Content, but you grant us a license to use it. Pointmedia always has the right, in its sole discretion, to accept or reject any given User Content.

3.2 USE BY US.

By using the Service, you grant Pointmedia a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license and right to use, modify, run, copy, publicly perform or display, translate and create derivative works of your Content for the purposes of developing, distributing, improving, and promoting the Services, our activities and your User Content. You further grant Pointmedia and Holopipe the right to use your name and trademarks, if any, in connection with our use of your User Content.

3.3 USE BY OTHERS.

Users may make its User Content available to others for download and view their User Content.

3.4 USER REPRESENTATIONS.

By uploading User Content, you represent and warrant that you own the rights to your User Content. The use of your User Content does not violate this Agreement or the law, and will not violate any rights or cause injury to any person or entity. You hereby irrevocably and unconditionally waive any and all moral rights whatsoever, or any rights of a similar nature, in your User Content, for the benefit of or in favor of Pointmedia, including any right to be associated with your User Content or any right to restrict or prevent the modification or use of your User Content in any manner whatsoever. You agree not to assert them against Pointmedia or other Pointmedia users in any manner whatsoever.

3.5 USER FEEDBACK.

We appreciate your feedback and suggestions about our Service. You agree that any feedback or suggestions about the Services are voluntary and that we will be free to use any such feedback or suggestions as we see fit.

3.6 RIGHT TO MONITOR, MODERATE OR REMOVE.

You agree that you bear all risks associated with your User Content. You are solely responsible for safeguarding your User Content, Pointmedia and the Holopipe platform has no duty to store copies of your User Content for future availability to you. Pointmedia will remove User Content from the services if it infringes on another’s intellectual property rights. We reserve the right to remove User Content from the Service without prior notice, for any reason or for no reason at all. We reserve the right to terminate the account of any User of the Service who has been notified of infringing activity more than twice and/or has had User Content removed from the Service more than twice. We also reserve the right to decide whether User Content is appropriate and complies with this Agreement. Pointmedia have the right to edit, modify, moderate, re-format, change or otherwise remove all or part of descriptions, comments that You and/or third-parties add and/or make in relation to your User Content, in any manner that we may determine.

3.7 USER RESTRICTIONS AND OBLIGATIONS.

It is important to us that the Service will be used safely and in accordance with the law, for the enjoyment of all Users. You agree that you will not use the Service to: Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Pointmedia Content, Holopipe Content, and User Content except as permitted by this Agreement. Promote any illegal activity, violate the legal rights(both publicity and privacy) of others. Upload any Content that is pornographic, threatening, harassing, harmful, racist, illegal, misrepresent your identity, promotes/provides illegal activities or injury against any individual or group. Use the Services that will interrupt, suspend, slow down or hinder the Services. Attack on security of the Service or Pointmedia’s network. The user is not permitted to modify the design or alter the appearance of the Holopipe or Pointmedia. Removing, hiding, or altering the Holopipe and Pointmedia logo watermark is prohibited to all users, under all plans.

Use of Holopipe within advertisements or advertiser-supported content requires the license of an Enterprise account and express consent by Holopipe for which you may contact enterprise@pointmedia.no.

4. SUBSCRIPTIONS AND PURCHASES.

4.1 PRICING.

The pricing are available at https://holopipe.com/account. Payment is due at the beginning of each subscription period, payable securely via Paypal and Stripe. In the event of a pricing change to your Paid Service, we will inform you within 1 (one) month before new price take effect. You may cancel your Paid Service plan at any time.

4.2 REPRESENTATIONS.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYPAL AND/OR STRIPE ACCOUNT, AND ANY BANK ACCOUNTS OR CREDIT CARD(S) ACCESSED THROUGH THE PAYPAL ACCOUNT, THAT YOU USE TO PAY FOR THE SERVICES. You agree to pay all charges incurred by you or any User of your account. You will be responsible for paying any taxes relating to your purchases.

5. OWNERSHIP OF HOLOPIPE CONTENT

5.1 GENERALLY.

By using the Service, you will encounter “Holopipe Content,” which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Service, excluding User Content. “User Content” includes all the 3d models, images, audio, video, text, and related content, as well as User comments, uploaded by Users, that make up the Services. Except as otherwise set forth in this Agreement.

5.2 OWNERSHIP.

All Holopipe Content is owned by Pointmedia or its licensors, and is protected by international copyright, trademark and/or other proprietary rights and laws. Pointmedia or its licensors own and retain all rights, title and interest in and to the Service, and Holopipe Content that we or our licensors create that we upload to the Service. The trademark HOLOPIPE and POINTMEDIA and all associated logos and the other trademarks displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Pointmedia or third parties worldwide. Your use of the Services does not grant you any ownership over any Holopipe Content, or any license or permissions under any copyright, trademarks or other intellectual property rights of Pointmedia or any third party. We reserve all rights not expressly granted to you in this Agreement.

5.3 SERVICE AND CONTENT LICENSE.

We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in this Agreement. Except as expressly permitted in this Agreement, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Holopipe Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Holopipe Content without express Prior written permission from us or the applicable rights holder is strictly prohibited.

5.4 SOFTWARE.

All software used in connection with the Services (“Software”) is proprietary to us or third parties. You agree that we may update the Software without notice, at any time and in our sole discretion, and that this Agreement will apply to any updated versions.

6. WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY

DISCLAIMER OF WARRANTIES. Holopipe makes no representations or warranties of any kind regarding the Services or the Holopipe Content. YOU AGREE THAT THE SERVICE ARE PROVIDED “AS IS” FOR YOU TO USE, WITHOUT WARRANTIES OF ANY KIND. THAT YOU USE THE SERVICES AT YOUR SOLE RISK. POINTMEDIA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES. THAT THE SERVICES, WEBSITE, AND THE HOLOPIPE CONTENT WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY. POINTMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, HOLOPIPE CONTENT, DESIGNS, PRODUCTS OR SERVICES INCLUDING ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE.

Indemnity. You agree to substitute and hold Holopipe and its affiliates, employees, owners and officers harmless from any and all claims, demands, suits, losses, damages and costs.

7. MODIFYING AND TERMINATING THE SERVICES

Holopipe reserves the right to modify or stop offering all part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month’s notice.

8.INTELLECTUAL PROPERTY CLAIMS

Holopipe respects the intellectual property rights of others, and complies with provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers. We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.

In the event you believe that any User Content on the Service infringes your copyright, please send us an email at support@pointmedia.no.

In the mail please send a statement that you have copyright, that the information is accurate.

9. OTHER WEBSITES AND SERVICES

The Services may contain links and features that enable you to access other third-party websites or services ("Third-Party Services") that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services

10.AMENDMENT

Pointmedia reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change one (1) month before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.

11. MISCELLANEOUS

This Agreement, along with the Privacy Policy, represents the entire agreement between Holopipe and the User with respect to the provision of the Services, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by Holopipe in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Holopipe of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You shall not assign or transfer the Agreement or any right or obligation hereunder to any third party. Holopipe may freely assign this Agreement, including to any purchases of Pointmedia and/or its business operations. You agree that the electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.

The Services are operated by Pointmedia. General inquiries may be directed to support@pointmedia.no. .

TERMS OF USE CHANGES

All changes to the Terms Of Use will be listed here.

  • October 1, 2018: Initial version published

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