ONLINE PRIVACY POLICY AGREEMENT

Hologress LLC values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Hologress of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards. We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Hologress decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. This Policy applies to Hologress, and it governs any and all data collection and usage by us. Through the use of https://metatailor.app “http://www.hologress.com/”, you are therefore consenting to the data collection procedures expressed in this Policy. Please note that this Policy does not govern the collection and use of information by companies that Hologress does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected. Specifically, this Policy will inform you of the following 1. What personally identifiable information is collected from you through our website; 2. Why we collect personally identifiable information and the legal basis for such collection; 3. How we use the collected information and with whom it may be shared; 4. What choices are available to you regarding the use of your data; and 5. The security procedures in place to protect the misuse of your information. Information We Collect It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as: · Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs. In addition, Hologress may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. Hologress may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam what types of services and products may be the most popular to customers or the general public. Why We Collect Information and For How Long We are collecting your data for several reasons: · To better understand your needs and provide you with the services you have requested; · To fulfill our legitimate interest in improving our services and products; · To send you promotional emails containing information we think you may like when we have your consent to do so; · To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so; · To customize our website according to your online behavior and personal preferences. The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy. Use of Information Collected Hologress does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties. Hologress may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from https://www.metatailor.app “http://www.hologress.com/” Hologress may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. Hologress uses various third-party social media features including but not limited to Instagram, Twitter, Facebook, Linkedin and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Hologress’s control. Disclosure of Information Hologress may not use or disclose the information provided by you except under the following circumstances: · as necessary to provide services or products you have ordered; · in other ways described in this Policy or to which you have otherwise consented; · in the aggregate with other information in such a way so that your identity cannot reasonably be determined; · as required by law, or in response to a subpoena or search warrant; · to outside auditors who have agreed to keep the information confidential; · as necessary to enforce the Terms of Service; · as necessary to maintain, safeguard and preserve all the rights and property of Hologress. Non-Marketing Purposes Hologress greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Hologress products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice. Children under the age of 13 Hologress’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website. Unsubscribe or Opt-Out All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to info@hologress.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or optout. Hologress will continue to adhere to this Policy with respect to any personal information previously collected. Links to Other Websites Our website does contain links to affiliate and other websites. Hologress does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website. Notice to European Union Users Hologress’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy. Security Hologress takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control. Acceptance of Terms By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.

How to Contact Us:
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, or mailing address.
Email: info@hologress.com
Mailing Address: 91 Red River St unit 2816 Austin TX 78701

By creating a member account or purchasing material from Hologress/Metatailor, you confirm that you have read, understood, and agree to be bound by these terms and conditions. You should not use the Hologress/Metatailor services or purchase material from Hologress/Metatailor if you do not agree with or understand these terms and conditions.

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Notable Restrictions

***METATAILOR output CANNOT be used to train any form of AI or Machine learning without special written permission***

Free:

Non-commercial use only (cannot be used for any commercial project free or paid).

Cannot use METATAILOR to resell the wearables in a project.

PRO:

Cannot use METATAILOR content as microtransaction assets without permission.

Cannot mint any METATAILOR 3D content as your own.

Cannot share pro content with any free user accounts

***Cancellation of your pro account revokes your right to redistribute, use, and share any raw 3D files of the pro items (You do retain the right to use pro content that was embedded in gaming projects while your pro was active)***

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DEFINITIONS

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Content or The Models – refers to assets such as 3D models, textures, materials, motions, audio, AML script, BVH, FBX, OBJ, images, image sprites, and any files in Hologress/Metatailor proprietary formats that are published at the Hologress/Metatailor Content Store, Marketplace, and republished partner content or user-generated certified content, including but not limited to 3D models, textures, materials, motions, audio, AML script, BVH,

 

Base Content – Any mesh, motion, material, or other CONTENT produced and released by

Hologress/Metatailor or creator is referred to as “ORIGINAL CONTENT.”

 

Derivative Content – The creator republishes CONTENT that has been changed from the original BASE CONTENT. To be released for sale in the Marketplace or Content Store, DERIVATIVE CONTENT must contain significant changes to the original base mesh and/ or material. If unsure if your creation contains significant changes contact support@metatailor.app for support

 

Member – Any individual or corporation that registers a member account at Hologress/ Metatailor and/or purchases Content from Hologress/Metatailor is referred to as a “buyer.”

 

Creator – A Hologress/Metatailor Member who publishes Content on Hologress/ Metatailor is referred to as a creator.

 

Royalty-Free – refers to a one-time usage fee as distinguished from a recurring rights fee.

 

Membership Services – refers to the transfer and/or purchase of Hologress/Metatailor

Content via the Hologress/Metatailor Website.

 

For Sale – refers to content that needs a license purchase, as opposed to content that is available for free download.

 

Valid Sale – refers to a completed sale of licensing rights to Content through Hologress/ Metatailor, as opposed to a transaction that is canceled or unfinished for reasons such as Hologress’s discretionary return or credit card fraud.

 

Third-Party Online Marketplace – refers to any marketplace platform, software, and/or service that is not operated by Hologress/Metatailor and is not affiliated with the Hologress/Metatailor Content Store or Hologress/Metatailor Marketplace.

 

Editorial Use Only – refers to the intellectual property represented in this model, such as certain brand names or trademarks, which are not associated with or endorsed by the original rights holders.

 

License Agreement between Member and Vendor

In addition to any conditions specified in the textual description of the Content, the following terms apply to any transfer of Content from a Creator to a Member:

When you purchase material on the Hologress/Metatailor website, you and the Creator form a legal relationship. You agree to the terms and conditions mentioned below by using any ‘Content’ from the Hologress/Metatailor Content Store.

The Creator grants you a limited commercial right to use ‘The Models’ on a non-exclusive, royalty-free basis. The Creator owns all copyright, title, and interest in ‘The Models’ and associated works.

 

1 Hologress/Metatailor licenses you to use Content in your Meta-Tailor movies on a non-exclusive, global, royalty-free basis. Within the output guidelines of this agreement, you may generate, sell, and redistribute your movies generated with MetaTailor footage with full ownership and use rights to the output material in Image or Video format.

 

2 You may use “Output” images or animation renders generated with characters and models in MetaTailor for broadcast, commercial, industrial, educational, and personal projects; however, you may not sell or distribute the aforementioned “Output” images and animation renders as part of a clip-art library. (You cannot export or render the original material for use in a clip-art library, stock video or picture collection, or for sale and distribution on any marketplace.)

 

3 You may utilize the “Output” pictures for 2D printing on tangible items such as packaging materials (e.g., boxes, stickers), books, hats, t-shirts, and so on. Commercial use of 2D-printed physical items is permissible. 

 

4 You have permission to utilize three-dimensional physical representations of Content (3D prints, 3D models, and the like). Any three-dimensional art created using the Content may only be used for personal, non-commercial purposes. The number of copies is restricted to ten. Furthermore, except for the express purpose of supplying the print for personal use, you may not provide other companies or people the rights to make such physical representations of the Content.

 

5 Developers and sellers that use Metatailor or 3rd-party material for widespread distribution, such as game titles, applications, online services, or kiosks for, but not limited to, multiple platforms, should be aware of the following: PCs, Macs, smartphones, and gaming consoles   To acquire the licensing agreement letter and free mass distribution rights for using Hologress/Metatailor material, developers and vendors must first register their game or application details with Hologress/Metatailor. Please share details about your proposal concept. Any extra resources, such as a project prototype, a website, or movies, are appreciated as well. Please email support@metatailor.app for registration details.

 

6 Hologress/Metatailor supports the modification of CONTENT and the subsequent sale of changed CONTENT on the Hologress/Metatailor Content Store and Marketplace, as long as the Creator abides by the provisions of this EULA and the Hologress/Metatailor Certified Content Developer Agreement. Hologress/Metatailor has the right to assess whether a Member or Creator has broken the provisions of this EULA and the Hologress/ Metatailor Certified Content Developer Agreement at its sole discretion. If the Material released by the Vendor is found to be in violation of the provisions of this EULA, Hologress/Metatailor will contact the Creator and request that the content be removed.

 

7 All CONTENT sold on the Hologress/Metatailor Content Store and Marketplace must follow the specifications set out in the Hologress/Metatailor Content Specifications Guides.

 

8 If the creator does not respond within 48 hours, Hologress/Metatailor reserves the right to delete any Creator material that it deems to be in violation of the restrictions set out in this EULA.

 

9 If the CONTENT does not satisfy the requirements given out in this EULA, as decided by Hologress/Metatailor, the creator may not utilize any of the resources offered in the Hologress/Metatailor Content Specification Guide.

 

Limitations
1. A member’s job does not contravene any laws, statutes, ordinances, or regulations.
2. Member’s work does not infringe, misappropriate, or violate any third-party rights, including but not limited to trademarks, copyright, patents, trade secrets, privacy, or publicity rights.
3. You are not permitted to sell, resell, sell as, replicate, share, distribute, sublicense, publish, advertise, or portray any Hologress/Metatailor CONTENT STORE Content or ‘The Model’, or any derivative thereof, for resale or as free items.
4. Any default material, excluding anything labeled as official contributing artist work, or any derivative thereof, is authorized to be changed, sold, distributed, marketed, or represented – for resale or as free items. Hologress’s Marketplace and/or Content Store are the only places where content may be resold.

5. The original DRM protection of the BASE CONTENT must be retained by DERIVATIVE CONTENT utilizing a 3D mesh that is not considerably changed from the original BASE CONTENT. When publishing in the Marketplace, it must also be allocated as a derivative of the BASE CONTENT.
   6. Members and Vendors are not permitted to sell, replicate, sublicense, or publish any original, exported, repurposed, or derivative Hologress/Metatailor material, regardless of file format, in any third-party marketplace. This contains proprietary Hologress/Metatailor file types, as well as BVH, FBX, OBJ, and all other industry-standard formats.
   7. Hologress/Metatailor owns and controls all default CONTENT in the Meta-Tailor™, and it cannot be sold on any third-party marketplace. This covers all derivative material generated by Members and Vendors, as well as original Hologress/Metatailor default CONTENT, CONTENT offered in Hologress/Metatailor content packs, and original Hologress/Metatailor default CONTENT(s). Only the Hologress/Metatailor Material Store and Marketplace may sell user-generated content derived from original Hologress content.
   8. Hologress/Metatailor will contact the Creator to seek the removal of any published CONTENT that is judged, in Hologress’s sole discretion, to be substantially identical to other existing CONTENT. The Creator’s account may be temporarily suspended if the material is not deleted within 48 hours.
   9. Any violation of this EULA’s terms and conditions, or the unauthorized sale, duplication,sub-licensing, or publishing of any Hologress/Metatailor CONTENT, will result in the Member or Vendor’s Hologress/Metatailor account being suspended indefinitely, as well as the possibility of legal action, depending on the severity of the violation.
   10. If you bought content with a Royalty Free License-Editorial Use Only, you can only use itfor editorial purposes.
   11.- Content may not be utilized on any resale goods or product.
   12.- Content may not be shown on a billboard, at a trade fair, or in an exhibit.
   13.- No part of the content may be used in a logo, trademark, or service mark.
   14.- No commercial use of the content is permitted.
   15. However, if you are the original owner of the intellectual property of this Material or have acquired a legally permitted commercial license from the intellectual property owner, the content may be used for commercial purposes in extremely restricted circumstances.
   16. Texture sources contained in Hologress/Metatailor Content and Hologress/Metatailor softwares may only be utilized within Hologress/Metatailor softwares. This includes CONTENT integrated in Hologress/Metatailor Software as well as CONTENT purchased via the Hologress/Metatailor Stores and Marketplaces.

Warranty
Hologress/Metatailor has made every effort to ensure that ‘The Models’ are defect-free and usable in Meta-Tailor™; however, Hologress/Metatailor is unable to provide any warranty or guarantee regarding the performance of ‘The Models’ due to the instability and inconsistency of software, hardware, and operating systems. If you have any questions about whether your planned use of a Hologress/Metatailor 3D Model is permitted under this License Agreement, please contact Hologress/Metatailor at info@hologress.com for clarification and/or formal authorization.
1. Ownership. Copyright to Content acquired by any Member via Hologress/Metatailor remains with the Creator, subject to the terms of this licensing agreement between the Creator and Hologress/Metatailor
2. Valid License. License rights to Content for sale via Hologress/Metatailor, conditioned on money being transferred from the Member to Hologress/Metatailor and then to the Creator. If a sale is reversed for whatever reason, all licensing rights are instantly terminated.
3. Royalty-Free Rights Granted. The Creator gives a non-exclusive,non-transferable, global,royalty-free license to Hologress/Metatailor and the Member who obtains licensing rights to Content via a Valid Sale to: publicly perform, publicly exhibit, and digitally perform said Content.
4. Rights Not Granted. All other rights included in copyright are excluded from this license.
5. Resale. It is explicitly forbidden for a Member to resell or redistribute any Content received from Hologress/Metatailor, whether as part of a legitimate transaction or not.
6. Returned Content. Any licensing rights provided hereunder expire if a Member returns Content at Hologress’s discretion, and the Member must promptly delete all copies included on any form
Any questions you have regarding the EULA or further interpretation of the terms stated please contact info@hologress.com. If you’re unsure of if your project adheres to the guidelines please contact us for further approval.

APPLICABLE LAW
This EULA is governed by Texas law, with the exception of copyrights, patents, and registered trademarks, which are governed by federal and international law. If a court of competent jurisdiction rules that any term of this EULA is unlawful, that provision will be declared null and void, and the legality of the other provisions of this EULA will not be affected.