Terms of Service
Last updated on: March 14, 2018
By signing up for the Holo services or any of the services of Holo Economy Inc. or its affiliates (“Holo”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Holo under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Holo are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at Terms of Service. Holo reserves the right to update and change the Terms of Service by posting updates and changes to the Holo website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account Terms
- To access and use the Services, you must register for a Holo account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Holo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You are responsible for keeping your password secure. Holo cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Holo will result in an immediate termination of your services.
2. Account Activation
2.1 Holo Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the of the State of New York and the parties submit to the jurisdiction of the courts of New York.
- You acknowledge and agree that Holo may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Holo’s website, available at Terms of Service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Holo’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Holo service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the State of New York. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Holo.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. Holo Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
5. Limitation of Liability
- You expressly understand and agree that Holo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Holo or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Holo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Holo does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Holo does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Holo does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of Holo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Holo and govern your use of the Service, superseding any prior agreements between you and Holo (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Holo service. All Materials you upload remains yours. You can remove your Holo store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow Holo to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Holo can, at any time, review all the Materials submitted to its Service, although Holo is not obligated to do so.
- You retain ownership over all Materials that you upload to a Holo store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Holo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
8. Cancellation and Termination
- You may cancel your Account at anytime.
- Upon termination of the Services by either party for any reason:
- Holo will cease providing you with the Services and you will no longer be able to access your Account; any outstanding balance owed to Holo for your use of the Services through the effective date of such termination will immediately become due and payable in full and your store website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Holo Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Holo may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
9. Modifications to the Service and Prices
10. Privacy & Data Protection
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