TERMS AND CONDITIONS / TERMS OF SERVICE
www.SpherioApp.com
Effective date: 1st January 2023
1. Introduction
The Spherio website located on www.SpherioApp.com (“Site”) and the Spherio Mobile Applications (“App”) available on Apple App Store (IOS) and Google Play Store (Android), are owned and operated by Spherio LLC from Ohio, USA. Throughout the Site, the terms “we”, “us”, “platform”, “Spherio”, and “our” refer to Spherio LLC. We offer the Spherio Site and App, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing our service, you (“User”) engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms and Conditions apply to all users of the Site and App including without limitation users who are browsers, customers, users, and/ or contributors of content.
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE APP AND WHEN USING OUR SITE. BY DOWNLOADING, INSTALLING, ACCESSING, THE APP OR BY THE BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS WHICH BIND YOU LEGALLY. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.
2. General Information
● About. Spherio is a mobile platform for immersive content creation and discovery. Every Spherio is an immersive object populated by user generated content which is then transformed into a collection interactive cards. For more information on the services we offer, please find more details on www.SpherioApp.com or on our App.
● Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice. We also reserve the right to take appropriate steps to protect Spherio and/or its Members/Users from any abuse/misuse as it deems appropriate in its sole discretion.
3. App Updates and Functionality
From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version. In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.
4. App Versions
Access to the Spherio Site and App is free. The App offers in-app purchases which provides members of extra features after purchase.
5. Store Rules
With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and Spherio and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.
6. Permitted use
You agree to use the Site, App and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
a. Use the Services for any illegal or unlawful purpose;
b. Access any of the Services by any means other than through the interface that is provided by Spherio;
c. Gain unauthorised access to Spherio’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Services, Spherio’s networks, and computer systems;
d. Access any of the the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
e. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
f. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Services for any purpose; and
g. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Spherio in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.
7. Interaction with other Members.
You are solely responsible for your communications with other Spherio Members. Spherio reserves the right, but has no obligation, to monitor disputes between you and other Members. Spherio also reserves the right to take appropriate action against errant members. However, Spherio is not obliged to share such action with other members, including complainants. Spherio expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
8. User Generated Content
You understand that the content created on Spherio is all user generated. You also understand that each Spherio is an immersive object populated by User Generated Content (UGC) which is further transformed into a collection interactive cards. Aside from general 3D mobile viewing, users can decide to view and interact with Spherios in a variety of ways including mobile augmented reality (AR) and virtual reality headsets (VR).
Spherios can be stored locally on any mobile device or uploaded into the dedicated Spherio cloud database, at which point users can then decide to share or geotag them to any location around the world.
By submitting, uploading, or otherwise contributing any User Generated Content (UGC), you represent and warrant that:
● You are the sole author and owner of the intellectual property rights to the User Generated Content, or have obtained all necessary permissions to use and share the User Generated Content.
● The User Generated Content does not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any third party.
● The User Generated Content does not violate any law, statute, ordinance, or regulation, and is not defamatory, libelous, or otherwise tortious.
● The User Generated Content does not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
● By submitting, uploading, or otherwise contributing any User Generated Content, you grant the Spherio and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable right and license to use, reproduce, distribute, display, perform, transmit, and otherwise exploit the User Generated Content in any manner and in any media formats and through any media channels, without the need for further consent or notification.
● You acknowledge and agree that you are solely responsible for the User Generated Content and any consequences that may result from your User Generated Content, and that the Spherio is not responsible or liable for any User Generated Content or any actions or inactions taken in reliance on User Generated Content. The Spherio reserves the right, but shall have no obligation, to monitor or review User Generated Content, and the Spherio may delete or remove any User Generated Content at any time and for any reason.
9. Limited License
We grant you a limited license to use the Services for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site and the App or any of the contents of our Services; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of the Services not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Services in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Site, App or any other user.
Your use of this Site and the App is at your own risk. You agree that you will be personally responsible for your use of this Site and the App. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to our Services on a temporary or permanent basis and any decision to do so is final.
10. Accounts, Registrations, and Passwords
You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer and mobile/tablet. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Spherio is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Spherio. You may not disclose the Password to another person or entity or permit another entity to access the Site and Apps using such a Password. You must notify Spherio immediately of any breach of security or unauthorised use of your account. Spherio cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on the Site and App. Multiple profiles of the same person are not allowed on the Site and App.
11. Intellectual Property Rights
Your use of the Site, App and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site and App. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site and the App, are protected by national intellectual property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorisation. To inquire about obtaining authorisation to use the Content, please contact us at [email protected]
In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site and App.
12. Digital Millennium Copyright Act
Spherio expects all users to respect the intellectual property rights of others. Spherio may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at [email protected]. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for Spherio to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
13. Monitoring Activity
Spherio has no obligation to monitor this Site and the App or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you.
14. Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPHERIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, APP AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND APP AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.
15. Limitation of Liability
You agree that in no event shall Spherio be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site and App or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Apps secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure. You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored or received using the App.
16. Indemnification
You agree to indemnify and hold Spherio and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of our Services, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
17. Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Ohio, USA, and you hereby submit to the exclusive jurisdiction of the Ohio courts.
18. Children
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
19. Privacy & Cookies
For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.
20. Deleting Data And Information
Users on the App and Site can delete their Account. Once an account is deleted, we will erase ALL data of the User associated with their account including messages, their connections, and their personal information. The process cant be undone once the user proceeds with the deletion of data. We will no longer store the data of that user after deletion.
21. Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website or the App by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site and App constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
22. Electronic Communications
When you visit the Site, use our App or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
23. Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
24. Assignment
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
25. Force Majeure
Spherio is not liable for any delays caused by circumstances beyond Spherio’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Spherio shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Spherio are entitled to terminate the purchase with immediate effect.
26. Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Spherio concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site and App. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Spherio’s right to act concerning subsequent or similar breaches.
27. Relationship
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
28. Violation and Termination
Any conduct that in any way violates these Terms or any posted restrictions or guidelines may result, in our sole discretion, in the termination of your license and right to utilize the Services to access Content or for any other purpose, and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect the Sites, the App, the Services, the Content, Spherio, its Affiliates, Licensors, members, employees, agents and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of the Services or the Content. We retain the right to deny access to the Services, in our sole discretion, to any visitor/user for any reason, including for any violation of these Terms.
29. Contact Us
For any questions, complaints, and queries or to report any violations, kindly get in touch:
SPHERIO LLC
Email: [email protected]