Terms of use

OK - so you want to use the Hololink Platform. That’s great, but...

These Terms of Use govern your access to and use of our applications, products, services, software and websites, including access to content and functionalities provided by Hololink Ltd. or by third parties using our technology platform.

By accessing or using the Hololink Platform you agree to be bound by these Terms of Use (as amended from time to time) which constitute a binding legal agreement between you and us. We reserve the right to change the Terms at our sole and absolute discretion and your use of the Hololink Platform will always be subject to the most current version of the Terms of Use posted on our webpage.

If you breach any of the Terms of Use, your permission to use the Hololink Platform automatically and immediately terminates and you must immediately cease using our services. If you are under the age of 18, you should read these Terms of Use with a parent or legal guardian. If you are under the age of 13, we recommend that you ask their permission to use the Hololink Platform and certainly before submitting or sharing any information or content with us or any other user of Hololink Platform.


This means that

You might read some words in these Terms of Use which will benefit from a short elaboration. Allow us to do so:

Content
means any and all content made available on or via Hololink Ltd. This might include animation, documents, images, links, sound files, videos, text, and other content.

Hololink
means an augmented, virtual or mixed reality content experience made through the Hololink Platform. Means creations/experiences made with the Hololink Platform

Intellectual Property Rights
means patents, registered and unregistered trademarks and service marks, domain names, registered and unregistered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

Third Party Content
means Content which is owned or controlled by neither you nor Hololink Ltd.

User Generated Content
means content which a user creates, submits, uploads, posts, links to, displays, or shares on or through the Hololink Platform.

You
means you, the natural person accessing, browsing, downloading or using the Hololink Platform.

Hololink Ltd. or we
means Hololink Limited, a private limited company in Denmark and registered in Denmark with company number DK40261117.

Hololink Platform
Means our augmented reality web-based authoring tool and viewer combined with existing and future services made available through the Hololink Website and tools. called “Hololink”, including all versions of that application published by Hololink Ltd.

Hololink Content
means Content owned by Hololink Ltd. which we are responsible for and make available to users of the Hololink Platform.

Hololink Website
means the official Hololink Website available at https://www.Hololink.io/

The word “person” includes individuals, companies, corporations, partnerships, limited liability partnerships, cooperatives, associations and other natural and legal persons.

The section headings are for convenience only and shall not affect the interpretation of these Terms of Use.


We have to make sure it works

You agree that Hololink Ltd. may permanently or temporarily stop providing the Hololink Platform at our sole and absolute discretion for any reason and without prior notice to you. Your access to the Hololink Platform may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.


We can’t worry all the time

As a result of the above, you may find that you are unable to access the Hololink Platform, including access to your User Generated Content. Although we will normally only remove User Generated Content that violates these Terms of Use, we reserve the right to remove any User Generated Content for any reason, without prior notice. Deleted User Generated Content may be stored by us in order to comply with legal obligations and is not retrievable without a valid Court order. Consequently, we encourage you to maintain your own backup of your content. WE WILL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE HOLOLINK PLATFORM OR LOSS OF ANY CONTENT.


Be aware of “other” content

When providing users with access to Third Party Content, Hololink Ltd. acts on behalf of the owner and/or controller of the rights in such Third Party Content (a “Licensor”). The name of such Licensor may be explicitly displayed in the Third Party Content and/or a splash screen when accessing such Third Party Content.

You understand and accept that the Third Party Content or parts of the Third Party Content may be protected by Intellectual Property Rights of the Licensor or other third parties. You must not reproduce, copy, alter, create derivative works from, rent, sell or distribute the Third Party Content in any way, including by uploading content to a website or file sharing service, unless expressly permitted to do so by the Licensor.


Wait... I’m no longer in the Hololink Platform

The Hololink Platform may contain links to applications, websites, microsites and other online services operated by third parties (a “Third Party Service”) that are beyond Hololink Ltd.’s control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any Third Party Service which you may access through the Hololink Platform.

Without limiting the foregoing, these Third Party Services are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on a Third Party Service.


When you upload

Some Hololinks published by users of our Hololink Platform or published by Hololink Ltd. for a third party, may have an ‘upload feature’ attached to them that allows you to upload content e.g. photos or videos to the Hololink Platform. This ‘upload feature’ is made available for the convenience of users. You must ensure that any content you upload complies with the rules and regulation regarding Intellectual Property Rights. You can read more about these later on in these Terms of Use.


Not always suited for children

Parents and guardians should be aware that the Hololink Platform are a general audience service and depending on how our platform is used may potentially provide access to a wide variety of content and experiences some of which may be of a nature deemed unsuitable for young children. Our app allows users to publish content by linking it to a Hololink and printing that code or marker on physical materials (e.g. posters, business cards, flyers). We have no control over this and The Hololink Platform is an open system which means that content published via the Hololink Platform can potentially be accessed and viewed by anyone who uses the Hololink Platform. If you have any concerns, you may wish to monitor your child’s use of the Hololink Platform.


Let’s establish some ground rules when using the Hololink Platform

General rules
You may not use the Hololink Platform in any improper or unlawful manner or in breach of any legislation or licence that applies to you or any contractual obligations that you owe to a third party. You are responsible for your relationship with other users. However, we reserve the right, but are not obliged, to monitor disputes between you and other users.

You agree that you will not use, copy, download, extract or reutilise any part of the Hololink Platform material, or use or allow any third party to use, copy, download, extract or reutilise any part of the Content for any purpose except as expressly permitted by the licences granted to you in these Terms of Use. You also agree to comply with all instructions that we may give you regarding the use of the Hololink Platform.

Some content that we make available are meant to be re-used, remixed and used for commercial purposes. But we own the software/platform/tool. Also creators/users should be responsible for whatever digital content they upload/put into their experiences.

User Generated Content
You agree that you are solely responsible for your User Generated Content and any legal consequences thereof. User Generated Content includes data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links and 3D objects and animations. Basically any kind of digital content that you can upload to the Hololink platform. You accept that any personal information of others that is contained in your User Generated Content may be subject to data protection and other legislation and regulation and you are fully responsible for compliance with these laws and regulations, where applicable. Hololink Ltd. requires that users exercise due care when exchanging personal information of others as part of User Generated Content.

As you play a role in deciding the purposes for which you collect, use and disclose content through the Hololink Platform, you may be a ‘data controller’ for the purposes of the EU General Data Protection Regulation (‘GDPR’) with regard to any personal data contained within the content. In cases where Hololink Ltd. uses your content for our own purposes (e.g. promoting the Hololink Platform), we will be the joint data controller of your content and, where this is the case, we will handle any personal data contained within the content in accordance with our Privacy Notice for the Hololink Platform.

Without limiting the foregoing, you agree that when using the Hololink Platform you will not:
• abuse, harass, threaten or intimidate other users of the Hololink Platform or disclose personal information about others that could amount to abuse, harassment, threats or intimidation;
• publish, post, upload, link to, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, vulgar, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal offence or give rise to a civil liability either for you or Hololink Ltd.;
• publish, post, upload, link to, store, distribute or disseminate nude, partially nude or sexually suggestive photos or videos;
• compromise the rights of, bring harm to, or in any way unfairly deal with children or minors;
• incite, promote or encourage violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behaviour;
• reveal any confidential or sensitive information about another person unless you are authorised to make that disclosure;
• upload or link to files that contain software or other material which are the Intellectual Property Rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary permissions; interfere with any other person’s use or enjoyment of the Hololink Platform, including creating or submitting unwanted email or comments to users;
• upload or link to files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Hololink Platform;
• impersonate others or misrepresent your affiliation with a person;
• promote any activity that is illegal; or
• harvest, scrape or collect information from the Hololink Platform.

User Generated Content will not be vetted or edited in advance by Hololink Ltd. and Hololink Ltd. exercises no editorial control over User Generated Content. Notwithstanding this, Hololink Ltd. may, but we have no obligation to, refuse, remove or suspend access to User Generated Content and accounts containing User Generated Content that we determine in our sole and absolute discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s Intellectual Property Rights or right to privacy or any of the rules set out above. We may also periodically delete and/or clear out any User Generated Content stored on our systems that is no longer relevant or required, as part of the general housekeeping procedures we carry out to improve the efficiency and performance of the Hololink Platform.


Provision of equipment

You are responsible for ensuring that no one uses your equipment or device to access the Hololink Platform without your permission. We will be entitled to assume that anyone who accesses the Hololink Platform using your equipment or device has your permission to do so and you will be liable for any charges or any other costs, liabilities or damages that may be incurred by any such person.


Registration

Some features of the Hololink Platform may require you to opt-in or provide personal information before you can use them. Please refer to the [Privacy Notice](hololink.io/privacy) for further details.


Yours? Or ours? Or theirs?

Ownership and trademark notices
Hololink Ltd. is the sole and exclusive owner of the Hololink Platform logo and all content created by Hololink Ltd. both within the app, and everywhere else. Where we grant you the right to use any Hololink Platform logo and other official Hololink Ltd. material, all use of the material by you will inure to the benefit of Hololoink Ltd. You will not acquire any right, title or interest in or to any of the material.

The Hololink Ltd. and Hololink Platform logo is a trademark of Hololink Ltd. that has been registered in the European Union, the United States of America and China, and is in the process of being registered in other countries.

Hololink Ltd. does not make any warranty or representation in respect of the ownership or origin of any Third Party Content or User Generated Content available from the Hololink Platform.

Licences granted to users
The Hololink Platform and all Content (including all Intellectual Property Rights) are owned by and shall remain owned by Hololink Ltd. or our licensors. Hololink Ltd. grants you a revocable, single user, non-transferable, non-exclusive, limited licence to use the Content provided to you by Hololink Ltd. or our licensors as part of the Hololink Platform, subject to the following conditions of use: (a) the Content may only be used for your own personal entertainment use and not for any commercial purposes whatsoever; They can use content/templates provided for us for commercial purposes and are encouraged to do so (b) the Content must not be reproduced or included in any other work or publication in any medium without our prior written consent; (c) the Content must not be modified or altered in any way and no derivative works must be created from the Content; (d) the Content must not be distributed or sold to any third party; (e) you must not remove, alter or obscure any copyright, trademark or other proprietary rights notices contained in the Content; (f) due to territorial restrictions on use you understand that you may not be able to access certain items of Content from your locality; and (g) you must not reverse engineer, decipher, decompile, disassemble or attempt to extract any algorithms, source code or other trade secrets contained in any Content.

Subject to the above, Hololink Ltd. might also in some cases grants you a revocable, single user, non-transferable, non-exclusive, limited licence to use the code and software provided to you by Hololink Ltd. or our licensors as part of the Hololink Platform or embedded in any Content including any Hololinks used to unlock the Content (“Software”) solely for the purpose of enabling you to use the Hololink Platform in accordance with these Terms of Use. You must not modify, alter, copy or create derivative works based on the Software and must not reverse engineer, decipher, decompile, disassemble or attempt to extract the algorithms, source code or other trade secrets contained in the Software. No hololinks may be reproduced or included on or within any other material.

Licences granted by you to Hololink Ltd.
As between you and Hololink Ltd., it is agreed that you will retain all rights in your User Generated Content that you currently have under applicable law; provided that you hereby grant Hololink Ltd. a perpetual, irrevocable, worldwide, fully paid up and royalty-free, assignable, sub-licensable licence to store, use, copy, reproduce, adapt, modify, delete from, add to, translate, publish, display, perform, transmit and distribute your User Generated Content for the purpose of developing, performing, displaying, distributing, supporting and promoting the Hololink Platform (including the ‘upload’ feature described earlier) and our business in any or all media formats and through any or all media channels. You represent and warrant to Hololink Ltd. that you have (and will continue to have for so long as necessary) all necessary rights, power and authority to grant the foregoing licence. In particular, you represent and warrant to Hololink Ltd. that you own or otherwise are entitled to all necessary Intellectual Property Rights in your User Generated Content.

Where not expressly prohibited by applicable law, you hereby waive all moral rights or rights of privacy you may otherwise have in connection with Hololink Ltd.’s use of your User Generated Content in accordance with these Terms of Use.

The licence granted to Hololink Ltd. and waiver of moral rights survives after you have stopped using the Hololink Platform.


JUST TO BE CRYTAL CLEAR!

HOLOLINK LTD. WILL EXERCISE ALL REASONABLE SKILL AND CARE IN PROVIDING THE HOLOLINK PLATFORM. HOWEVER, WE DO NOT GUARANTEE AND ARE NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, SUBJECT MATTER OR RELIABILITY OF ANY CONTENT, IN PARTICULAR ANY THIRD PARTY CONTENT AND USER GENERATED CONTENT. ANY VIEWS EXPRESSED BY USERS WITHIN THEIR USER GENERATED CONTENT IS THEIRS AND NOT THOSE OF HOLOLINK LTD. YOU ACKNOWLEDGE AND AGREE THAT HOLOLINK LTD. DOES NOT ENDORSE IN ANY WAY ANY USER GENERATED CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT.

HOLOLINK LTD. DOES NOT WARRANT THAT THE HOLOLINK PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE HOLOLINK PLATFORM AND ALL MATERIALS AND INFORMATION PROVIDED BY US ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT GUARANTEE OF ANY KIND AND ALL CONDITIONS, STATEMENTS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE AND DO NOT PROMISE THAT THE HOLOLINK PLATFORM AND THE MATERIALS AND INFORMATION PROVIDED THROUGH THEM WILL MEET YOUR REQUIREMENTS OR THAT YOU WILL NOT BE EXPOSED TO CONTENT WHICH IS FACTUALLY INCORRECT OR WHICH YOU MAY FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. HOLOLINK LTD. DOES NOT REVIEW OR VERIFY THIRD PARTY CONTENT (INCLUDING USER GENERATED CONTENT). THEREFORE, WE ADVISE YOU TO CHECK ANY MATERIALS OR INFORMATION PROVIDED TO YOU THROUGH THE HOLOLINK PLATFORM AS ANY RELIANCE THAT YOU PLACE ON THE ACCURACY, COMPLETENESS OR RELIABILITY OF THAT CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST HOLOLINK LTD. WITH RESPECT TO SUCH CONTENT.

YOU ARE RESPONSIBLE FOR TAKING ANY NECESSARY PRECAUTIONS TO PROTECT YOURSELF AND YOUR DEVICES AND COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES AND OTHER HARMFUL OR DESTRUCTIVE CONTENT.

HOLOLINK LTD. DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE HOLOLINK PLATFORM, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF THE HOLOLINK PLATFORM BY OTHER USERS. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION OR USER GENERATED CONTENT

WE RECOMMEND THAT YOU ALWAYS BE AWARE OF AND PAY CLOSE ATTENTION TO THE CONTEXT AND ENVIRONMENT IN WHICH YOU ARE USING THE HOLOLINK PLATFORM, TO ENSURE THAT YOU DO NOT HARM YOURSELF OR OTHERS. YOU UNDERSTAND AND ACCEPT THAT ALL USE OF THE HOLOLINK IS ENTIRELY AT YOUR OWN RISK.


♫ Do you really wan’t to hurt me ♫

You represent and warrant to Hololink Ltd. that: (a) your use of the Hololink Platform will be in accordance with these Terms of Use and all applicable laws and regulations; and (b) your use of the Hololink Platform will not infringe the Intellectual Property Rights, privacy rights or any other rights of any third party. You agree to pay for all royalties, fees and any other monies owing to any person by reason of your User Generated Content.

INDEMNIFICATION. You shall indemnify and hold harmless Hololink Ltd. and our employees, officers, contractors and licensors (each an “Indemnified Party”) from and against any and all losses, liabilities, claims, actions, proceedings, damages, costs and expenses (including Court costs and legal fees) whether direct, indirect or consequential and including any economic loss or other loss of profits, business or goodwill (“Claims”) suffered or incurred by us or any other Indemnified Party as a result of any of the following matters: (a) your use of the Hololink Platform; (b) your User Generated Content; and (c) any breach by you or anyone acting on your behalf of these Terms of Use. We will notify you of any such Claims and keep you informed as to the progress of such Claims.


LIABILITY IS A*****

THIS SECTION SETS OUT THE ENTIRE FINANCIAL LIABILITY OF HOLOLINK LTD. (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF OUR EMPLOYEES, AGENTS AND SUBCONTRACTORS) TO YOU IN RESPECT OF: (A) ANY BREACH OF THESE TERMS OF USE; (B) ANY USE MADE BY YOU OF THE HOLOLINK PLATFORM OR ANY ASPECT OF THEM; AND (C) ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE HOLOLINK PLATFORM.
NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES HOLOLINK LTD.’S LIABILITY FOR THE FOLLOWING MATTERS: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY WHICH MAY NOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, INCLUDING WHERE APPLICABLE ANY STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT HOLOLINK LTD. SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) LOSS OF ANTICIPATED SAVINGS OR LOSS OF OPPORTUNITY; OR (B) LOSS OR CORRUPTION OF DATA; OR (C) ANY LOSS OF REVENUE, PROFIT OR BUSINESS (WHETHER DIRECT OR INDIRECT); OR (D) LOSS OF GOODWILL OR INJURY TO REPUTATION; OR (E) LOSSES SUFFERED BY THIRD PARTIES OR (F) ANY INDIRECT LOSS, CLAIM OR DAMAGE, OR ANY PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND; IN EACH CASE WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE HOLOLINK PLATFORM; OR ANY FAILURE OR DELAY IN THE USE OF ANY COMPONENT OF THE HOLOLINK PLATFORM INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY OF THE HOLOLINK PLATFORM IRRESPECTIVE OF DURATION OF ANY PERIOD OF UNAVAILABILITY; OR ANY USE OF OR RELIANCE UPON ANY INFORMATION, MATERIAL, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HOLOLINK PLATFORM, IN ALL CASES EVEN IF FORESEEABLE OR WE HAVE BEEN FOREWARNED OF THE POSSIBILITY OF YOU SUFFERING SUCH LOSS OR DAMAGE.
HOLOLINK LTD.’S TOTAL AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE HOLOLINK PLATFORM SHALL IN ALL CIRCUMSTANCES BE LIMITED TO DKK 1000.
DUE TO THE INHERENT RISKS OF USING THE INTERNET AND APPLICATIONS, HOLOLINK LTD SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICE OR ANY OTHER PROPERTY WHEN USING THE HOLOLINK PLATFORM THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR INFORMATION THROUGH THE HOLOLINK PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, DEVICE OR OTHER PROPERTY, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS.


When it's over - it's over

We may cease the provision of all or any of the Hololink Platform or terminate your right to access and use the Hololink Platform at any time at our sole and absolute discretion for any reason whatsoever and with or without giving notice to you. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with Hololink Ltd. and may be referred to the appropriate law enforcement authorities. You are under no obligation to use any of the Hololink Platform and may simply choose to stop using them at any time.

Upon cessation or termination by Hololink Ltd. or you, regardless of the reasons therefor:
• Your right to use the Hololink Platform (or part thereof) and all related licences immediately ceases, and you acknowledge and agree that Hololink Ltd. may delete any registration for the services and remove and permanently erase all content and information (including User Generated Content) associated with you;
• Hololink Ltd. may deny you any further access to and use of the Hololink Platform, which may include taking technical steps to prevent your access to the Hololink Platform;
• Hololink Ltd. shall not be liable to you or any third party for any claim or damages arising out of said cessation or termination or for the consequent loss of any content or information;
• All provisions of these Terms Of Use that are intended to survive the cessation or termination by their nature or because such has expressly been provided for shall survive such cessation or termination. These provisions include provisions relating to ownership of intellectual property, disclaimers, indemnity obligations, limitations and exclusions of liability, and applicable law.

Termination of your right to use the Hololink Platform (or features or functions thereof), howsoever caused, shall not affect the accrued rights and liabilities of either you or Hololink Ltd. as at the time of such termination.


All the other important stuff

Amendments. Except as expressly provided otherwise herein, these Terms of Use may only be amended by a written document that has been signed by an authorised representative of Hololink Ltd.

Assignment. You may not assign, transfer, sub-license or delegate any of your rights or obligations under these Terms of Use to any other person. We may assign our rights under these Terms of Use to another legal entity or business where we reasonably believe your rights will not be adversely affected.

Entire Agreement. You agree that these Terms of Use and the other documents referred to in it constitutes the entire agreement between you and Hololink Ltd. regarding the Hololink Platform and their use; and supersedes all prior agreements, understandings, communications and proposals with respect to the subject matter of these Terms of Use. You and Hololink Ltd. acknowledge and agree that in entering into this relationship neither of us relies on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party hereto or not) relating to the subject matter of these Terms of Use, other than as expressly set out in these Terms of Use. This provision does not exclude any liability for fraud or fraudulent misrepresentation.

Force Majeure. Hololink Ltd. shall not be responsible for any breach of these Terms of Use or falure of the Hololink Platform (or part thereof) caused by circumstances beyond our reasonable control, including any Act of God, terrorism, failures or delays in communications, strikes, labour disturbances or slowdowns, actions by hackers, denial of service attacks, internet service provider failure, unavailability of the world wide web, power failure, Government action, or any act or failure by you or your employees, agents, or contractors.

No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Hololink Platform, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Hololink Platform or any Content used or displayed through the Hololink Platform.

No Waiver. If you breach these Terms of Use and we chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms of Use.

Relationship between us. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither of us has any authority of any kind to bind the other in any respect.

Severability. If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions shall nevertheless remain valid and enforceable, to the extent they can be given effect without the invalid portions.

Third party rights. These Terms of Use do not confer any rights on any person or party other than Hololink Ltd. and the user and, where applicable, their successors and permitted assigns.


Law and jurisdiction

Notwithstanding any conflict of laws principles, these Terms of Use, the provision of the Hololink Platform and all other aspects of the relationship between you and Hololink Ltd. (including any non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with Danish law.

We will try to resolve any disagreements or claims arising out of or related to these Terms of Use or the Hololink Platform (a “Dispute”) quickly and efficiently. If you are not happy with the way we deal with any Dispute (including any non-contractual dispute or claim) and you want to take legal action or issue court proceedings in respect of the Dispute, you must do so exclusively within Denmark. Notwithstanding this Section, you agree that Hololink Ltd. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal action) in any jurisdiction where you reside or have assets.

NO CLASS ACTIONS. You may only resolve disputes with Hololink Ltd. on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed.


Holla at us

The Hololink Platform are owned and operated by Hololink Ltd., a company incorporated in and registered in Denmark with company number DK40261117. The Company’s registered office address is Raffinaderivej 20, 2300 Copenhagen S, Denmark. The company is VAT registered in Denmark and our VAT registration number is the same as our company number.

If you have any questions about the Hololink Platform or these Terms of Use, please contact us using the following addresses: contact@hololink.io

Postal Address
Hololink Aps Raffinaderivej 20 2300 Copenhagen S Denmark

Email
contact@hololink.io

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