METASTAGE LLC
TERMS OF USE & PRIVACY POLICY

Last Updated: October 18, 2019






TERMS OF USE



AGREEMENT TO TERMS OF USE

Metastage LLC (“Metastage,” “we,” “us,” or “our”) makes holographic capture, virtual, mixed, and augmented reality products and offers an app where users can download, and interact with content. Collectively, we refer to our products and services, including our mobile apps, platform, and content, as our “Services.” These terms of use and service (“Terms”) apply to your access to and use of, any of our Services.

BY ACCEPTING THESE TERMS OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Metastage for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms. Metastage reserves the right to change or modify these Terms on a going-forward basis at any time and in our sole discretion. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.



INTELLECTUAL PROPERTY

Our Services contain material, including, but not limited to text, graphics, images, designs, sound recordings, audiovisual works, virtual reality environments, renderings, software code, or features and other material provided by or on behalf of Metastage (collectively referred to as the “Content”). The Content is protected under any and all applicable laws, including without limitation under trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may not use the Content except with Metastage’s express written consent or as otherwise allowed by these Terms. Specifically, and without limitation, you may not sell, transfer, assign, license, sublicense, or modify, or use the Content in any way for any commercial purpose. However, you may combine your User Content (as defined in Section 4 of these terms) with Metastage’s Content for non-commercial use or posting on a social media website, application or platform subject to Metastage’s sole right, in its sole and absolute discretion, to terminate your right to use such Content. If allowed to use any Content, you must, at a minimum and without limitation as to other requirements, retain all copyright and other proprietary notices, if any, contained in the original Content on any copy you make of the Content. If you violate any part of the Terms, your permission to access and/or use the Content and the Services automatically terminates and you must immediately destroy any copies that you have made of the Content.

The trademarks, service marks, and logos of Metastage (the “Metastage Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Metastage. Other company, product, and service names may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Metastage Trademarks, the “Trademarks”). Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Metastage in writing.



YOUR USE OF THE SERVICES

You may not use our Services (i) for any purpose that violates applicable laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms, (iii) in any manner that could damage, disable, overburden or impair the Services, (iv) in any manner that may interfere with any other party’s use and enjoyment of the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; or (v)if you are under 13 years of age. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. Metastage reserves the right, in its sole and absolute discretion, to terminate your access to the Services, or any portion thereof, at any time, for any reason or for no reason at all, without any notice, prior or otherwise.



USER CONTENT

Our Services may include interactive features and areas where you may create, submit, post, upload, publish, email, send, otherwise transmit, or interact with content, including, but not limited to, images, photos, videos, sounds, virtual reality environments or features, software and other information and materials (collectively, "User Content"). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. If you use content covered by intellectual property rights that we have made available through our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Metastage), we retain all rights to that content (but not yours).

You are solely responsible for the User Content you create through the Services. Metastage does not endorse or guarantee the content, opinions, views, advice, or recommendations contained in any User Content. Metastage has no responsibility or liability for User Content, and we have no obligation to screen, edit or monitor such User Content.



COMMUNICATION WITH US




Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information, trade secrets, or other intellectual property of any third-party. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. Additionally, you acknowledge and agree that email transmissions are never completely private or secure. You understand that any message or information you send us may be read or intercepted by others.

You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services.


NO WARRANTIES; LIMITATION OF LIABILITY

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT THE SERVICES ARE FREE OF DEFECTS OR MALFUNCTIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES FROM WHATEVER CAUSE OR FOR ANY DEFECTS, MALFUNCTIONS, OR FAILURE OF THE PRODUCTS, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SERVICES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS OR USE THE SERVICES, THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OMMISION ERRORS.


INDEMNIFICATION

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS METASTAGE FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, THREATS, SUITS OR PROCEEDINGS AND PAY ALL RESULTING LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF, RESULTING FROM, OR RELATED TO YOUR BREACH OF THESE TERMS AND/OR YOUR MISUSE OF THE SERVICES.



COMPLIANCE WITH APPLICABLE LAWS

The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.



SECURITY

Metastage reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Metastage to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms or any applicable law.



TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. In no event will we be liable for the removal of or disabling of access to any portion or feature of the Services.



DIGITAL MILLENNIUM COPYRIGHT ACT

Metastage respects the intellectual property rights of others and complies with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

12800 Foothill Blvd.
Los Angeles, CA 91342
team@metastage.com

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act. To file a notification with us, you will need to send a written communication that includes at least the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

  • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.



CLASS ACTION WAIVE

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.



STATUTE OF LIMITATIONS

YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE CONTENT, OR THE TERMS MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


GOVERNING LAW; JURISDICTION; AND VENUE

The Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You also agree to the personal jurisdiction by and venue in the state and federal courts in California, and waive any objection to such jurisdiction or venue. If any provision of the Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Terms will remain in full force and effect.


SEVERABILITY

If any provision of these Terms is be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.


ASSIGNMENT

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Metastage, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.


NONWAIVER

Any failure by Metastage to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.


ENTIRE AGREEMENT

Except as expressly agreed by us and you in writing, the Terms constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.


HEADINGS

The section headings are provided merely for convenience and shall not be given any legal import. The Terms will inure to the benefit of each party’s successors, assigns, licensees, and sublicensees.






PRIVACY POLICY



GENERAL

Metastage LLC (“Metastage,” “we,” “us,” or “our”) makes holographic captures that can be used in virtual, mixed, and augmented reality products.  In support of those captures, we offer an app where users can download and interact with content. Collectively, we refer to our products and services, including our mobile apps, platform, and content, as our “Services.”  

Because captures made through our Services are often very personal, we take your privacy very seriously.  We care deeply about the confidentiality of your projects and your captures, and we want to be completely transparent about the way we handle your personal data.  We do not require the use of a login or a registration to use our Services.  You can use our Services without providing a name or email address.

This Metastage Privacy Policy details important information regarding the collection, use, processing and disclosure of user information collected about our customers, purchasers, subscribers, and/or users.  It explains how we treat information from or about our users, including when and why we collect, use, and share information in connection with our Services.  By using the Services you agree to be bound by this Privacy Policy, so please read it carefully. If you do not agree to our Privacy Policy, please do not use our Services.


INFORMATION WE COLLECT

We may collect certain data directly from you or automatically via your use of the Services. The data that we collect varies and may involve the following:.

  • Access to Camera & Motion Sensor.  In order to place your captures, or our demo content in your environment, we require access to the camera.  We do not transmit the imagery seen or captured through the camera outside your device.  This imagery is sent to you via the screen itself, and if pictures or videos are taken, they are stored on your local device and inaccessible to us.  If you choose to share them to social media, or other outlets, these transactions happen outside our Services.

  • Email Communications.  If you choose to voluntarily contact us directly via email, we may retain your email and email address along with any other associated information.  Doing so is completely voluntary on your part, and you have the choice about whether and what information to disclose via your email.  

  • Performance and Quality of Service Analytics.  Information about how you access our Services, including information about the type of device you're using, its configuration, your browser, Internet Protocol ("IP") address, and how your device is performing may be collected to improve the quality of our Services and its capabilities.

  • Anonymous Usage Data. Information about the features you interact with on our Services are anonymous, but may be used to help us learn what’s important to our users.

  • Information about your environment, physical movements, and location when you use our Services are required to track holographic content into your environment but are not transmitted outside your device.


HOW WE USE AND SHARE YOUR INFORMATION

Use of Information by Us.  

We use the information we collect to provide you with our Services. For example, we may use this information to:

    • Communicate with you about our Services;
    • Provide technical support;
    • Notify you about updates to our Services;
    • Solicit and analyze input and feedback about our Services;
    • Identify and address technical issues on our Services; and
    • Conduct and learn from research about the ways in which people use our Services.

Legal Matters; Safety.  If you chose to voluntarily contact us directly, we may, without your consent, access and disclose your information, any communications sent or received by you, and any other information that we may have about you as may be permitted or required by law or to prevent or investigate suspected fraud, violations of our Services or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your information and/or communications in situations that we believe to be: (i) emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat; or (ii) your conduct that we believe is inappropriate and inconsistent with generally accepted norms of behavior. 


ACCESS TO YOUR INFORMATION

Since we do not actively collect your personal information, the only information we receive from you that can be associated with you is email or phone communications that you provided to us voluntarily. If for any reason you are concerned that any information you provided to us is not correct and you wish to change or delete it, you have the ability to review and update your personal information to the extent we have it. If you would like to do so, please contact us as set forth below. You may also contact us to request access to, transfer of, or erasure of your personal information to the extent we have any. Specify the nature of your request and the information that is subject to your request.

We reserve the right not to allow access to your information or to limit your rights (e.g. if such disclosure is prohibited by law or if the rights of another individual might be violated). In some instances, this may mean that we are able to retain your personal information even if you withdraw your consent or request transfer or erasure.  Please note that changes or access you request may not be effective immediately.  Please also note that despite any request for removal of or change to personal information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. 



COOKIES AND OTHER TRACKING TECHNOLOGIES

We do not track cookies or use other tracking technologies.


LEGAL GROUNDS

We rely on the following legal grounds to use your data to the extent we have any:

  • Where it is needed to provide you with our Services.
  • Where it is in our legitimate interests to do so, such as: managing our products and Services.
  • To comply with our legal obligations.
  • With your consent or explicit consent, where applicable.
  • For a public interest.


IMPORTANT DISCLOSURES, AND PRACTICES

Your rights under data protection laws.  Here is a list of the rights that individuals have under data protection laws. They don’t apply in all circumstances. If you wish to use any of them, we’ll explain at that time if they are engaged or not.

  • The right to be informed about the processing of your personal information.

  • The right to have your personal information corrected if it is inaccurate and to have incomplete personal information completed.

  • The right to object to processing of your personal information.

  • The right to restrict processing of your personal information.

  • The right to have your personal information erased (the “right to be forgotten”).

  • The right to request access to your personal information and to obtain information about how we process it.

  • The right to move, copy or transfer your personal information (“data portability”).

  • Rights in relation to automated decision making which has a legal effect or otherwise significantly affects you.

If you have any questions or concerns regarding these rights please contact us via the contact information below.

Links to other Site and Communities.  To the extent hyperlinks may be utilized to access external or third party sites and communities, you should be aware that these external or third party site and communities are not controlled by us and, therefore, are not subject to this Privacy Policy. We recommend that you check the privacy policies of each such site and community to determine how your personal information will be utilized by their proprietors.

Security.  No data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us or we transmit to you, and your use of the Services indicates that you are willing to assume this.

A Note To Users.  Our Services are operated in the United States. If you are located anywhere outside of the United States, please be aware that information we collect will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States. You are also consenting to the application of United States federal, and California state law in all matters concerning the Services and this Privacy Policy unless otherwise stated herein or subject to applicable law.

How long is your personal information retained by us.  Unless we explain otherwise to you, we’ll hold information based on the following criteria: for as long as we have reasonable business needs, such as managing our relationship with you and managing our operations; for as long as we provide goods and/or services to you and then for as long as someone could bring a claim against us; and/or retention periods in line with legal and regulatory requirements or guidance.

Children's Privacy.   We do not knowingly collect or maintain personal information from persons under 13 years of age. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner. If we learn that information of persons under 13 years of age has been collected on the Services without verified parental consent, then we will take the appropriate steps to delete this information. Teenagers under the age of 17 and over the age of 13 should encourage their parents to review this policy and to contact us if they would like to evoke our opt-out policy or to raise any concerns.

No Rights of Third Parties. This Privacy Policy does not create rights enforceable by third parties or require disclosure of any information relating to users of the Services.

Disputes. If you choose to utilize our Services, dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on damages, resolution of disputes, and application of the laws of the United States, and the State of California.

Changes to this Privacy Policy.  We may update this policy from time to time.  You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted in our services.  If the changes are more significant, we may provide a more prominent notice or get your consent as required by law.

We will not change this policy to allow the collecting of your personal information without your consent.


CONTACT INFORMATION

If you have any questions about this Privacy Policy, or have inquiries about your data, please contact at:  

12800 Foothill Blvd.
Los Angeles, CA 91342
team@metastage.com