Terms of Service
Effective Date: August 15, 2022
Sphera Inc (“Us/We/Our”) owns and operates the Website Spheraworld (“Website”).
This is a contract between You (“You”/” Your”/ “Yourself”) and Us and/or Our affiliates. These terms supersede prior agreements or arrangements and describe the limited basis on which You are accessing the Website and the contents contained therein. You agree that by registering, accessing or Using the Website, You are agreeing to enter into a legally binding contract with Us. You understand that the Website is available only to those users who can form a legally binding contract under the respective laws of their country of domicile and/or for users who is above 18 years of age.
We may amend these terms and We shall provide intimation to You as and when the Terms are updated either when You access the Website or through the contact details provided by You to Us, in accordance with Our Privacy Policy. Non- acceptance of such revised terms may result in interrupted Usage or restricted access to the Website.
Electronic Communications
Use of Website may require You to subscribe to Our informative and marketing services, including, but not limited to newsletter services and to subscription, though Your email addresses, to Our Exclusive Club. You agree to provide and maintain accurate, current, and complete information on Your email addresses, for notices and other communications from Us. You agree to inform Us immediately of any changes to the information that You provided when subscribing to Our Informative Services. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including Using another person’s email addresses. You agree that We may take steps to verify the accuracy of information You provide.
Electronic Communications
When You Use the Website, or send e-mails to Us or provide Your email ID, You are communicating with Us electronically. You consent, according to Our Privacy Policy, to receiving communications from Us electronically via email, SMS, calls, push notifications via the Website or any third-party site engaged by Us.
Security
The security, integrity and confidentiality of Your Information is extremely important to Us. We may take commercially reasonable steps to protect Your Information from unauthorized access, disclosure, Use and modification.
Cancellation and Termination
You are solely responsible for properly cancelling Your subscription. You may cancel Your subscription at any time. All of Your Information as soon as reasonably practicable shall be deleted from Our system upon cancellation as per Our policies. We may at any time and for any reason suspend this Website and, terminate this Agreement.
Intellectual Property Rights:
You agree and acknowledge that the Website and the contents including trademarks, service marks, trade names, contained therein is Our copyrighted property and is proprietary to Us and We retain full and complete ownership of the Service Provider Services and all the intellectual property rights vested therein. You agree that We own all rights to the code, databases, visual-design, and layout of the Website. Except as We specifically agree in writing, no element of the Website may be Used or exploited in any way by You other than as offered to You. We do not transfer title of ownership for any portion of the Website to You. You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Website to any third party (including, without limitation, the display and distribution of the material via a third party Website) without Our express prior written consent.
We claim no intellectual property rights over the Information and the User Generated Content You provide to the Website. Your materials uploaded or subscribed in our Website remain Yours.
You may not redistribute, circumvent or disable any content protection system or digital rights management technology Used with the Website; decompile, reverse engineer, disassemble or the Website; remove identification, copyright or other proprietary notices; or access or Use the Website in an unlawful or unauthorized manner or in a manner that suggest Your association with Us .You represent and warrant that Your access to the Website will comply with those requirements.
Your Conduct
You must not Use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You, are responsible for all electronic communications and content sent from Your computer to Us and You must Use the Website for lawful purposes only. You must not Use the Website for any of the following:
- for or fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
- to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of countries or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
- to cause annoyance, inconvenience or needless anxiety.
- Create a false identity, misrepresent Your identity, create a Member profile for anyone other than Yourself (a real person).
- Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Website or otherwise copy profiles and other data from the Website.
- Override any security feature or bypass or circumvent any access controls or use limits of the Website (such as caps on keyword searches or profile views).
- Copy, use, disclose or distribute any information obtained from the Website, whether directly or through third parties (such as search engines), without Our consent.
- Disclose information that You do not have the consent to disclose (such as confidential information of others (including Your employer).
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Website or related data or access to the same, without Our consent.
- Use bots or other automated methods to access the Website, add or download contacts, send or redirect messages.
- Monitor the Website’ availability, performance or functionality for any competitive purpose.
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website.
- introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or connected network, or interfere with any person or entity’s Use or enjoyment of the Website.
- not to access, monitor or copy any element of the Website Using a robot, spider, scraper or other automated means or manual process without Our express written permission.
- not to Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by Using a conventional on-line Web browser.
- Overlay or otherwise modify the Website or their appearance (such as by inserting elements into the Website or removing, covering, or obscuring an advertisement included on the Website).
- Disclaimers and Limitation on Liability
CONTENTS ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSINGTHE WEBSITE.
Third-Party Services and Content
We may integrate, be integrated into, third-party services and content. We do not control those third-party services and content. You should read the terms of Use agreements and privacy policies that apply to such third-party services and content. If You access Our Website Using an Apple iOS, Android or Microsoft Windows-powered device, You agree that Your access to the Website Using these devices also shall be subject to the Usage terms set forth in their terms of service.
You understand that We Use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Website. After agreeing and consenting to Our Privacy Policy, You acknowledge, understand, and agree that We cannot guarantee the security of Your data while it is being transmitted over the Internet and through servers that are out of Our control.
When You access the Website through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Using of the Website may or may not be restricted by such mobile network.
Your Content
User Generated Content: Your access to the Website may allow You to communicate, submit, upload or otherwise make available text, or other content (“User Generated Content”). You shall not submit User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially, or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
You represent and warrant that Your User Generated Content conforms to these terms and that You own or have the necessary rights and permissions. We reserve the right to decide whether the User Generated Content or any other content violates this Terms of Use.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through the Website, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You.
Disclaimer
You acknowledge and undertake that You are accessing the services on the Website at Your own risk and are Using Your best and prudent judgment before entering into any interactions through Our Website.
Choice of Law and Dispute Resolution
These terms are governed by and construed in accordance with the laws of Seychelles. You waive any claims that You might have against Us based on any other jurisdiction including Your own. All disputes and claims relating to these terms between You and Us shall be subject to the exclusive jurisdiction of the courts of Seychelles only.
Access to the Website
We will do Our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver
No waiver of any provision of these terms by Us shall be deemed a further or continuing waiver of such provision or any other provision, and Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by You, but may be assigned by Us, whenever reasonable needed.
Force Majeure
Our performance of its obligations under this Contract will be suspended for so long as We are prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond Our control and which events could not have been reasonably foreseen or anticipated by Us upon the exercise of due care and diligence, including but not limited to Website’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Us), failure of technical facilities.
If You have any questions regarding these Terms, please contact us at info@sphera-world.com