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HoloKit Terms of Use

Last Modified: June 6, 2017

Thank you for using HoloKit, a product of Amber Garage, which comprises of a do-it-yourself cardboard kit (“HeadKit”), Holokit software (“Software”) and HoloKit SDK.

By accessing or using HoloKit or any content made available on https://holokit.io/ (the “Website”), you agree to be bound by these Terms. Any new features, tools or content which are added to the current HoloKit or the Website will also be subject to these Terms. If you do not agree to these Terms, you must not use HoloKit or access or use the Website.

1. Limited License to Use the Services.

All use of any Website services, content, software and other applications, which link to these Terms, whether accessed directly or though a third party website or application (e.g., a social network or mobile application store) (individually or collectively referred to herein as the “Service(s)”), and the relationship between Amber Garage and you, with respect to your use of the Service, is governed by this Agreement.

Subject to your compliance with and acceptance of these Terms, you may use, copy, reproduce, transmit, modify, and distribute the Service (excluding the Software and HoloKit SDK, which has their own terms and conditions) provided that you do not use the Service to derive a commercial benefit or financial gain (including making the Service, Software or SDK available to third parties for a fee). Further, you agree to be bound by any application, forum or software specific rules or license terms published within the Service. This Agreement is in addition to, and does not replace or supplant, any end user license agreement, SDK license agreement, or other software license agreement (collectively, “SLA”) that applies to any software or any other agreement or terms provided by Amber Garage with respect to the Service or Website.

Subject to your compliance with and acceptance of these Terms, you may also use the HeadKit specifications, design, illustrations, drawings, images, particulars, dimensions, and other information on the Website or made available by Amber Garage (“HeadKit Documentation”), to assemble the HeadKit and make derivative works of the HeadKit, provided that you do not use the HeadKit Documentation to derive a commercial benefit or financial gain (including distributing the HeadKit or a derivative work of the HeadKit for a fee or other valuable consideration, or charging a fee for using or accessing the HeadKit Documentation).

If you would like to use the Service (including the HeadKit, the HeadKit Documentation, and the Software) to derive a commercial benefit or financial gain, please contact botao@ambergarage.com to obtain permission under a separate written agreement.

By accessing and using the Service, you represent that, if you are a legal resident of the United States, you are at least thirteen (13) years old, or over the age of majority in the country where you are a citizen, and agree to these Terms, on behalf of yourself, or on the behalf of your child or legal ward. If you are between the ages of thirteen (13) and seventeen (17) years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

2. Other Notifications.

Amber Garage has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

Amber Garage may collect data relating to your usage of the Website in order to improve its Service and understanding of the users of the Website, Service or Software, without any further notice to you.

You acknowledge that portions of the Website may contain additional terms and conditions for use of a particular Service or license of particular Software. You agree that you will read and agree to those terms and conditions, including any applicable SLA, before using any such Service or Software. In the event that any terms or conditions of an SLA conflict with these Terms, the terms of the SLA will prevail over these Terms.

3. User Obligations.

You may not remove any copyright or attribution notice contained in the Content (defined below). If you are distributing, reproducing, transmitting, publicly performing or publicly displaying the Content pursuant to these Terms, you must clearly and visibly attribute and mark the Content with the words, “Product of HoloKit”. If you are using the HeadKit Documentation to assemble and distribute the HeadKit or derivative works of the HeadKit pursuant to these Terms, you must clearly and visibly mark the HeadKit or the derivative work of the HeadKit with the words, “Work with HoloKit” or the HoloKit logo provided at https://holokit.io/images/logo_small.png

You may not use the Website or Service for any unlawful or unauthorized purpose, or in a manner which is inconsistent with these Terms. You will comply with all applicable laws, rules and regulations in your use of the Website and Service. Abusive communications of any kind (including threats of abuse or retribution), as well as profanity, are strictly prohibited and will result in immediate termination of your access to the Website and/or Service. You must not interfere or attempt to interfere with the proper working of the Website or Service.

You may not download, copy, reproduce, upload, transmit, modify, distribute, publicly perform or publicly display any Content contained in the Service or Website except as expressly authorized by this Agreement. You may not reverse engineer, decompile or disassemble all or any portion of the Service or Software. Further, you may not use the Website or Service or any part thereof to derive a commercial benefit or financial gain (including making the Service, Software or SDK available to third parties for a fee), except as otherwise expressly provided in any application, forum or software specific rules or license terms published within the Service or otherwise agreed to in writing by Amber Garage.

4. Authorized Use of Materials on Website

All information, material and content published or accessible through the Website or Service (including without limitation any software, titles, computer code, technology, books, articles, videos, reports, presentations, themes, objects, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, and any related documentation) (“Content”), are protected by copyright, trademark, patent and other intellectual property and proprietary right laws. All title, ownership rights and intellectual property rights in and to the Content are owned by Amber Garage or its licensors. All rights are reserved. The Service and Website may contain certain licensed materials, and Amber Garage’s licensors may protect their rights in the event of any violation of these Terms.

“HoloKit” is a registered trademark of Amber Garage or its suppliers. You may not use any HoloKit trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by Amber Garage, in any manner that is likely to cause confusion among customers or users, or in any manner that disparages Amber Garage or its licensors. Except as expressly provided herein, Amber Garage and its licensors do not grant you any express or implied rights, an all rights, title and interest that Amber Garage has in and to the HoloKit trade marks, logos, trade dress, or the Website and the Content therein that are not expressly granted by Amber Garage to you.

5. Consequences of Violating the Terms.

Amber Garage may, in its sole and absolute discretion, take whatever action it deems necessary to preserve the integrity of the Website and Service. Violation of any of the Terms may result in actions being taken by Amber Garage, effective immediately or at a time determined by Amber Garage, which may include without limitation: (i) temporarily suspending your access to the Website and Service, or (ii) permanently terminating your access to the Website and Service. Without limiting the foregoing, Amber Garage retains the right to decline to provide services to any user who violates these Terms or any SLA.

6. Third Party Links and Materials.

Links to third-party websites from the Website are meant for convenience only. Amber Garage does not review or control these third-party websites and is not responsible for any third-party website or the content of those sites. Amber Garage will not be liable for damages associated with links to third-party websites.

The Website and Software use images licensed by Unity Chan and all use, modification and redistribution of Unity Chan’s images are as provided under the Unity Chan License, available at http://unity-chan.com/contents/license_en/.

7. User Feedback.

By submitting any ideas, feedback and/or proposals (“Feedback”) to Amber Garage through the Service, Website, or other means, you acknowledge and agree that: (1) your Feedback does not contain confidential or proprietary information of you or any third party; (2) Amber Garage is not under any obligations of confidentiality with respect to the Feedback; (3) Amber Garage may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (4) you are not entitled to any compensation of any kind from Amber Garage.

8. Important Safety Information.

Always be aware of your surroundings when using the HeadKit. Take special care to ensure that you are not near stairs, balconies, windows, furniture, or other items that can be run into, tripped over, or knocked down when using the HeadKit. While using the HeadKit, do not operate a vehicle, use in water, handle sharp or otherwise dangerous object, or engage in any other activity where vision impairment from use of the HeadKit may result in a hazardous situation to you or others.

9. Disclaimer of Warranties.

Always be aware of your surroundings when using the HeadKit. Take special care to ensure that you are not near stairs, balconies, windows, furniture, or other items that can be run into, tripped over, or knocked down when using the HeadKit. While using the HeadKit, do not operate a vehicle, use in water, handle sharp or otherwise dangerous object, or engage in any other activity where vision impairment from use of the HeadKit may result in a hazardous situation to you or others.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, CONTENT AND SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AMBER GARAGE MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE WEBSITE, SERVICE OR CONTENT. THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE DO NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. AMBER GARAGE IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE WEBSITE, SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL AMBER GARAGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

10. Limitation of Liability.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AMBER GARAGE OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL AMBER GARAGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification.

You agree to indemnify Amber Garage, its affiliates, directors, officers, employees, consultants, agents, and licensors from any costs or damages of any kind, including reasonable legal fees, arising from a claim or demand pertaining to your use of the Website, Content or Service, your breach of these Terms, or your violations of any rights of another.

12. Governing Law, Jurisdiction and Venue.

The Terms of Use and the relationship between you and Amber Garage will be governed and construed by the laws of the State of California and the applicable laws of the United States of America, without regard to conflict of law provisions. You hereby consent and submit to the personal and exclusive jurisdiction of the state and federal courts of the State of California in any action or dispute related to these Terms.

13. Changes to the Terms of Use.

These Terms may be revised or updated from time to time in Amber Garage’s sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the HoloKit and the Website thereafter. Your continued use of HoloKit or the Website following the posting of the revised Terms constitutes your acceptance of the changes. You are advised to check the Terms from time to time for any updates or changes that may impact you. If you do not agree with the revised Terms, you should discontinue your use of the Website and Service.

14. Modifications to the Website.

The Website may be modified or discontinued, temporarily or permanently, at any time, with or without notice. You agree that Amber Garage will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Amber Garage may also impose limits on certain features or restrict your access to parts or all of the Website or Service without notice or liability.

15. General.

These Terms and other terms herein incorporated by reference, constitute the entire agreement between you and Amber Garage, and govern your use of the Website, Content and Service, superseding any prior agreement, whether oral or written.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full effect.

The failure of Amber Garage to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.