Current As: September 30, 2020.
Aconite, Inc. ("Company", "we", "us", "our") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you purchase, download, install, register with, access, and/or use our mobile application entitled HoloVista (the "App").
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in the App, and in email, text, and other electronic communications sent through or in connection with the App.
This policy DOES NOT apply to information that:
- We collect offline or on any other Company apps or websites, including websites you may access through the App.
- You provide to or is collected by any third party (see Third-Party Information Collection).
Our websites and other apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Information We Explicitly Do NOT Collect or Sell
Collection of Data from Minors
The App is not intended for children under 13 years of age (or under 16 for children located in the European Union (EU), the European Economic Area (EEA), the United Kingdom (UK) and Switzerland) (collectively, “Children”), and we do not knowingly collect personal information from Children. If we learn we have collected or received personal information from Children without verification of parental consent, we will delete that information. If you believe we might have any information from or about any Children, please contact us at email@example.com.
Information We Collect and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
Information You Provide to Us
When you download, register with, or use the App, we may ask you provide information:
- By which you may be personally identified, such as name, email address, telephone number, or username ("personal information").
- That is about you but individually does not identify you, such as your actions and progress in the game.
This information includes:
- Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App and posting material from within the App (including communications to social media and other platforms external to the App). We may also ask you for information when you enter a contest or promotion sponsored by us, or when you report a problem with the App.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the App.
You may also provide information for publication or display ("Posted") on public areas of the App or websites you access through the App (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Furthermore, even if you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users.
Automatic Information Collection
When you download, access, and use the App, it may use technology to automatically collect:
- Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including logs, communication data and the resources that you access and use on or through the App.
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
If you do not want us to collect this information do not download the App or delete it from your device.
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Your mobile device manufacturer.
- Your mobile service provider.
- Operators of app stores, social media applications and websites, and other platforms with which you engage in the course of downloading and using the App.
These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. These third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Recognize you when you use the App.
- Store information about your progress in the game, allowing us to save your place within the App.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Aconite, Inc.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Aconite, Inc. about our App users is among the assets transferred.
- To fulfill the purpose for which you provide it. For example, if you utilize a feature within the App that allows you to share User Contributions with third parties via social media platforms, we will transmit the contents of such User Contributions via such social media platforms.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Aconite, Inc., our customers or others.
HoloVista End User License Agreement
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Aconite, Inc. ("Company"). This Agreement governs your use of the mobile application entitled “HoloVista” (including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
- License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device").
- License Restrictions. You shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
- Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
- Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
- Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
- Term and Termination.
- The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this 9.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
- Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
- Termination will not limit any of Company's rights or remedies at law or in equity.
- Lil Miquela Contest Terms. Company has partnered with Brud, Inc. (“Brud”), creators of the fictional character and virtual model named “Miquela Sousa”, or “Lil Miquela” (“Miquela”), to conduct a contest in connection with the promotion of the Application (the “Contest”). The Contest is not a sweepstakes or “give-away,” but rather an interactive promotional challenge. The Contest will be conducted pursuant to the following rules:
- Miquela makes a cameo appearance in the Application. If you find Miquela in HoloVista, capture a screenshot of Miquela’s likeness within the Application and post the screenshot to your Instagram account, along with the hashtag, “#IFoundMiquela”, Company will send you a Direct Message in Instagram (“DM”) requesting your contact information in order to send you a gift:
- If you are one of the first ten (10) people, residing in one of the first ten (10) households, physically located in the continental United States who, following the launch of the Application, posts a screenshot taken from within the Application, which screenshot recognizably depicts the likeness of Miquela and which post is tagged “#IFoundMiquela”, Company will request your physical address via DM in order to send you a tangible reward in the form of promotional merchandise (e.g., a t-shirt or hat).
- If you successfully post a screenshot taken from within the Application, which screenshot recognizably depicts the likeness of Miquela and which post is tagged “#IFoundMiquela”, but you are not one of the first ten (10) people physically located in the continental United States to do so, Company will request your email address via DM in order to send you a digital reward (e.g., a wallpaper or song).
- By participating in the Contest, you represent that you have legally purchased and installed the Application, and that you are not: (i) an officer, employee or agent of Company, (ii) a spouse, child, sibling or parent, or resident of the same household as an officer, employee or agent of the Company, (iii) an individual with access to non-public confidential information about the Contest, (iv) an individual in a state or jurisdiction where the conduct of the Contest is expressly prohibited; or, (v) an individual under the age of 18 years old. There is a limit of one (1) Contest entry per purchase of the Application. If you violate any of the terms set forth in Section 8, Company may refuse to send you rewards.
- If you choose to share any content or contact information with Company in order to redeem a tangible and/or digital reward, you expressly permit Company to:
- use, reproduce, make derivative works based on, distribute, and repost the content contained in any Instagram post that references the Application and/or uses the #IFoundMiquela hashtag, and reference your Instagram account name in Company’s other posts and marketing materials. Furthermore, you hereby acknowledge and agree that you have sufficient rights to use any content that you post to Instagram in connection with the Contest or the Application, and that none of your posts referencing Company, the Contest, or the Application will infringe on the rights of any third parties.
- Company may choose to give you any tangible reward in connection with Section 8(a)(i) or any digital reward in connection with Section 8(a)(ii) at its sole discretion. Nothing in these terms shall be construed to obligate Company to send you any particular type of physical or digital reward. Company reserves the right to moderate, report, and/or remove any Instagram post related to Application and/or the Contest for objectionable and/or infringing content at Company’s sole discretion.
- Miquela and Instagram are Third-Party Materials as defined in Section 6.
- The name, images, voice and likeness of Miquela are the intellectual property of Brud, subject to a license in favor of Company to use, display, perform, distribute, reproduce, and market such intellectual property in connection with the Contest. You are not authorized to use, display, modify, or otherwise exploit the name, images, voice or likeness of Miquela other than as expressly contemplated by Section 8(a).
- Instagram is a service owned and operated by Facebook, Inc. If you do not accept the terms and conditions of Instagram, do not participate in the Contest.
- The Contest and the Application are not endorsed by, or affiliated with, Brud or Instagram.
- The Contest will automatically expire on December 31, 2020. Company reserves the right to earlier terminate the Contest at any time by notice on its website or through the Application, for any reason, in its sole discretion; provided that Company shall honor any obligations to deliver tangible and/or digital rewards to users who successfully posted a screenshot that recognizably depicts the likeness of Miquela, which post is tagged “#IFoundMiquela”, and otherwise meet the requirements set forth in this Section 8, prior to the public announcement of such termination. If you fail to provide your contact information via DM prior to the expiration of the Contest, you will not be eligible to receive a reward.
- The Contest rewards have no cash value. Rewards are not transferable. Participation in the Contest is void where prohibited by applicable law. By participating in the Contest you agree to the terms set forth in this Section 8.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
- Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
- Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the city and county of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.