Terms of Service
These terms of use are entered into by and between you and Orbit Technologies Limited ("Holoworld," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.holoworld.com/ (the “Website”) and Holoworld's mobile applications in relation to or associated with Holoworld AI (“Apps”), including any content, functionality, and services offered on or through the Website or the Apps (collectively, the “Services”), whether as a guest or a registered user. Such content includes, amongst others, any digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset (“Digital Assets”).
Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at holoworld.com/privacy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use our Services.
The Services are offered and available to users who are 13 years of age or older and located in jurisdictions where the use and access of the Services do not violate any applicable laws. Further, by using the Services, you represent and warrant that you are of legal age to form a binding contract with Holoworld, you meet all of the foregoing eligibility requirements and your use of the Services is not in breach of any applicable regulatory laws or requirements. If you do not meet all of these requirements, you must not access or use the Services.
Holoworld may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, to provide you with a requested service, or to investigate a potential violation of these Terms of Use. In such cases, Holoworld, in its sole discretion, may disable your account in connection with the Services and block your ability to access the Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. We will use commercially reasonable efforts to communicate to you any discontinuation of a Service through the Site or public communication channels. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Disclaimer
Holoworld is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor. Holoworld provides a peer-to-peer web3 service that allows users to create virtual characters (the “Characters”), discover and directly interact with each other and the Characters available on public blockchains. We do not have custody or control over the Characters, any of your Digital Assets or any blockchains you are interacting with.
Accessing the Services and Account Security
We reserve the right to withdraw or amend all or any part of the Services, and any service or material we provide as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Services or the entire Services.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Services.
· Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains. In some cases, you may also be required to fulfil certain other requirements or to provide certain registration details or other information (including but not limited to information for the purposes of identity verification and the detection of money laundering, terrorism financing, fraud, or any other financial crime). It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must 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 this Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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 have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
By using your wallet in connection with the Services, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Holoworld, and Holoworld does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Holoworld accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider.
Representations and Warranties
As a condition to accessing or using the Services, you represent and warrant to Holoworld, its affiliates and their service providers that:
(a) if you are entering into these Terms as an individual, then you are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them;
(b) if you are entering into these Terms as an entity, that you have the legal authority to accept these Terms on behalf of such legal entity;
(c) you must not be a resident, citizen or agent of, or incorporated in, do not have a registered office and do not carry on business in Iran, Cuba, North Korea, Syria, Russia, the regions of Crimea, Donetsk or Luhansk, or any other country or region that is the subject of comprehensive country-wide or region-wide economic sanctions by the United States, the United Nations, the European Union, Canada, Singapore or Hong Kong (“Restricted Territories”);
(d) you are not the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) (a “Sanctioned Person”);
(e) you do not, and will not, use a virtual private network (“VPN”) or other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services; and
(f) your access to and use of the Services (i) is not prohibited by and does not otherwise violate any applicable laws, directives, requirements, guidelines, code or guidance in any applicable jurisdiction; and (ii) does not contribute to or facilitate any illegal activity.
Intellectual Property Rights
Except for the User Content (as defined below), the Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Non-User Content”) are owned by Holoworld, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Holoworld name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Holoworld or its affiliates or licensors. You must not use such marks without the prior written permission of Holoworld. All other names, logos, product and service names, designs, and slogans on this Services or contained in any User Content are the property of their respective owners, and may not be copied, imitated or used, in whole or in part, without the permission of the relevant owner.
The Services allow you to create or submit information and content for us to publish or display (“post”) on or through the Services or transmit to other users of the Services or third parties (collectively, the "User Content"), including but not limited to the Characters. You retain your rights to any User Content you create, submit, post, promote or display on or through the Services. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying the User Content, you grant us, our affiliates and service providers (and each of their and our respective licensees and successors) a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any User Content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Services for our current and future business purposes, including to provide, promote, and improve the Services. This includes any digital file, art, or other material linked to or associated with any Characters that are displayed on the Services.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Services. You agree that your User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You further agree that your creation, submission, posting, promotion or display of the User Content does not violate any applicable laws.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
· In any way that violates any applicable federal, state, local, or international law or regulation.
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate Holoworld, a Holoworld employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Holoworld or users of the Services, or expose them to liability.
Additionally, you agree not to:
· Use the Services in any manner that could disable, overburden, damage, or impair the Website, the Apps or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
· Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Website or the Apps.
· Use any manual process to monitor or copy any of the material on the Website or the Apps, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Services.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
· Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Services.
User Content
All User Content must comply with any User Content standards set out in these Terms of Use and/or otherwise published by Holoworld from time to time (the “User Content Standards”). This includes the Holoworld Community Guidelines, which are incorporated by reference as part of these Terms of Use.
Any User Content you post on the Services will be considered non-confidential and non-proprietary.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Holoworld, 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 Content posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Content for any or no reason in our sole discretion.
· Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the User 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 Holoworld.
· 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 of Use.
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 User Content on or through the Services. YOU WAIVE AND HOLD HARMLESS HOLOWORLD 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 EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all User Content before it is posted on the Services and cannot ensure prompt removal of objectionable User Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content (including User Content) provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Content Standards
These content standards apply to any and all User Content and use of the Services. User Content must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Content 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.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
· 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.
Copyright Infringement
If you believe that any User Content violate your copyright, you may submit a written notice to us at:
gm@hologram.xyz.
It is the policy of Holoworld to terminate the user accounts of repeat infringers.
For us to process your infringement claim regarding any User Content on the Services, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Accordingly, please be advised that we may not process your notice unless it includes all of the following information:
· Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
· Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Services of the material claimed to be infringing, so that we may locate the material;
· Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
· A declaration that contains all of the following:
o A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
o A statement that the information in the notice is accurate; and
o A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
· Your physical or electronic signature (of your full legal name).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Holoworld and can also contact you to resolve any dispute.
Third Party Content
As part of certain Services, you may view, have access to, and may use the informational content, products, or services of one or more third parties (“Third Party Content” and “Third Party Services” respectively). In each such case, you agree that you view, access or use such content and services at your own election. Your reliance on any Third Party Content and use of Third Party Services in connection with the Services is governed on one hand by these Terms of Use but, on the other, will also generally be subject to separate terms and conditions set forth by the applicable third party content and/or service provider. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different than that which Holoworld maintains and incorporates into these Terms of Use. It is your responsibility to understand the terms and conditions in respect of the use of Third Party Content or Third Party Services, including how those service providers use any of your information under their privacy policies.
You access, rely upon or use any Third Party Content or Third Party Service at your own risk. Holoworld does not guarantee, endorse, or recommend such Third Party Content or Third Party Services to any or all users of the Services, or the use of such content or services for any particular purpose.
Campaigns
Holoworld may, from time to time, organise reward and marketing campaigns (the “Campaigns”) where you may obtain a chance to receive points, crystals and other rewards. All Campaigns are subject to availability and may be changed or terminated by Holoworld at any time without notice. Hologram may, at any time and in its absolute discretion, amend, modify or supplement any terms and conditions or rules associated with any Campaigns. All terms and conditions and rules associated with any Campaigns are incorporated by reference and form part of these Terms of Use. Holoworld reserves the right to rescind or revoke distributed points and crystals at any time, without prior notice or reason. This includes points or crystals that have been earned through eligible activities or redeemed for rewards. In the event of rescission or revocation, Holoworld is not obligated to provide compensation or reimbursement to affected participants.
Fees and Price Estimates
In connection with your use of the Services, unless expressly stated otherwise, you are required to pay all fees necessary for interacting with the relevant blockchains, including “gas” fees, as well as all other fees reflected on the Site or separately communicated to you at the time of your use of the Services. Although we attempt to provide accurate fee information, certain information may reflect our estimates of fees, which may vary from the actual fees paid to use the Services and interact with the relevant blockchains.
Reliance on Information Posted
Any information (including any content) 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 visitor to the Services, or by anyone who may be informed of any of its contents.
This Services includes content provided by third parties, including materials provided by other users (i.e. User Content) and third-party licensors, syndicators, aggregators, and/or reporting services. 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 Holoworld, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Holoworld. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No Professional Advice or Fiduciary Duties
All information provided in connection with your access and use of the Services is for informational purposes only and should not be construed as nor relied upon for accounting, legal or tax advice or investment recommendations. It is your responsibility to determine whether any purchase, investment strategy or related transaction is appropriate for you according to your personal objectives (whether investment or otherwise), financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset available on the Website or Apps, or through the Services (including any Characters) should be bought, earned, sold or held by you.
Before you make any financial, legal or other decision involving the Services, you should seek independent professional advice from an individual who is appropriate qualified and, where applicable, licensed to provide such advice. These Terms are not intended to, and do not create or impose any fiduciary duties on us. You further agree that the only duties and obligations that we owe you are those expressly set out in these Terms.
Additional Terms for Agent Market
The following terms further apply to you where you use the Agent Market feature to purchase [rights] associated with the Characters (the “[Rights]”), as issued by the creators of such Characters (the “Creators”).
(a) Information relating to the Rights (including any privileges, special access rights and other utilities associated with the Rights) will be published by the Creator on Agent Market, [ ] and such other website or communication channels as provided by Holoworld and/or the Creator, including the Creator’s whitepaper website, social media and public statements by key members of a Creator. You agree and acknowledge that you shall read and fully understand all material information relating to the relevant Rights as published by the Creators prior to purchasing any of the Rights. Such material information includes the terms and conditions applicable to the Rights, such as the allocation date, vesting schedule, Rights price, the underlying technology, the features and functions of the Rights.
(b) You agree and acknowledge that Holoworld (including its affiliates, service providers, employees, agents, officers or directors) shall not be responsible or liable to you in any manner with respect to: (a) the timeliness, accuracy or completeness of any information in relation to the Rights and/or the Creators; or (b) any suspension, disruption or termination of such information, whether provided through the Services or otherwise. You further acknowledge and agree that your use and reliance of such information is entirely at your own risk.
(c) You agree and acknowledge that any sale and purchase of Rights is made between you and the relevant Creator only, and Creator shall be fully responsible and liable for any for any loss or damage that may arise from your purchase of the Rights. Holoworld assumes no obligation to help you enforce any claims you may have against a Creator, or to assist you in defending any claims from a Creator against you.
Where you are a Creator using the Agent Market feature to issue Rights, the Agent Market Terms for Creators are applicable to you and are incorporated by reference into these Terms of Use.
Changes to the Services
We may update the content within the Services from time to time, but the content is not necessarily complete or up-to-date. Any of the content within the Services may be out of date at any given time, and we are under no obligation to update such content.
Information About You and Your Visits to the Services
All information we collect as part of the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Services may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Services.
· Send emails or other communications with certain content, or links to certain content, on this Services.
· Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any Services that is not owned by you.
· Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Services other than the homepage.
· Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms of Use.
The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE 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, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING ANY DIGITAL ASSETS) IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT (INCLUDING BOTH USER AND NON-USER CONTENT), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES (INCLUDING ANY DIGITAL ASSETS) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOLOWORLD NOR ANY PERSON ASSOCIATED WITH HOLOWORLD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HOLOWORLD NOR ANYONE ASSOCIATED WITH HOLOWORLD REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HOLOWORLD OPERATES NON-CUSTODIAL SERVICES. WE THEREFORE DO NOT HAVE ACCESS TO THE SECURITY KEY THAT PERMITS YOU TO HAVE ACCESS TO ANY FUNDS OR DIGITAL ASSETS IN CONNECTION WITH YOUR USE OF THE SERVICES. WE ARE NOT ABLE TO TAKE CUSTODY OF YOUR FUNDS AND/OR DIGITAL ASSETS. YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR SAFEGUARDING THE SECURITY KEY THAT CONTROLS ACCESS TO YOUR FUNDS AND/OR DIGITAL ASSETS.
THE SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS CRYPTOGRAPHIC AND BLOCKCHAIN-BASED TECHNOLOGIES. BY ACCESSING OR USING THE SERVICES, YOU UNDERSTAND AND AGREE TO THE INHERENT RISKS ASSOCIATED WITH CRPYTOGRAPHIC AND BLOCKCHAIN-BASED TECHNOLOGIES, DIGITAL ASSETS AND SYSTEMS THAT INTERACT WITH BLOCKCHAIN-BASED NETWORKS. YOU AGREE AND UNDERSTAND THAT HOLOWORLD DOES NOT OWN OR CONTROL ANY OF THE UNDERLYING SOFTWARE THROUGH WHICH BLOCKCHAIN NETWORKS (SUCH AS THE ETHEREUM OR BITCOIN BLOCKCHAIN) ARE FORMED. IN GENERAL, THE SOFTWARE UNDERLYING BLOCKCHAIN NETWORKS, IS OPEN SOURCE, SUCH THAT ANYONE CAN USE, COPY, MODIFY, AND DISTRIBUTE IT. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE (A) THAT HOLOWORLD IS NOT RESPONSIBLE FOR THE OPERATION OF THE BLOCKCHAIN-BASED SOFTWARE AND NETWORKS UNDERLYING THE SERVICES, (B) THAT THERE EXISTS NO GUARANTEE OF THE FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THAT SOFTWARE AND NETWORKS, AND (C) THAT THE UNDERLYING BLOCKCHAIN-BASED NETWORKS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES, SUCH AS THOSE COMMONLY REFERRED TO AS “FORKS,” WHICH MAY MATERIALLY AFFECT THE SERVICES.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE SERVICES AND ANY DIGITAL ASSETS YOU CREATE OR ACQUIRE THROUGH THE SERVICES (INCLUDING THE CHARACTERS) COULD BE IMPACTED BY ONE OR MORE REGULATORY INQUIRIES OR REGULATORY ACTIONS, WHICH COULD IMPEDE OR LIMIT THE ABILITY OF HOLOWORLD TO CONTINUE TO MAKE AVAILABLE OUR SERVICES TO YOU. TO THE FULLEST EXTENT PROVIDED BY LAW, HOLOWORLD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOLOWORLD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Holoworld, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Content, any use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore.
Arbitration
Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
Waiver and Severability
No waiver by Holoworld of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Holoworld to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy and such other terms and conditions as made available by us by way of the Services from time to time constitute the sole and entire agreement between you and Holoworld regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Your Comments and Concerns
The Services are operated by Orbit Technologies Limited, a private company limited by shares incorporated in the British Virgin Islands, with its registered address at ICS Corporate Services (BVI) Limited, Sea Meadow House, P.O. Box 116, Road Town, Tortola, British Virgin Islands.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: gm@hologram.xyz.
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