Sphere

TERMS OF SERVICE


  1. Sphere is privileged to have the opportunity to enhance the social experiences of its users, but it does so solely at its own discretion. While it currently intends to continually improve the services it provides to its users, it has no intention of creating any legal obligation to provide any level of services or indeed to continue to provide any services at all. Consequently it is free at any time at its own discretion to make any modification at all to the services that it provides to its users.
  2. Sphere will endeavor to be in compliance with any and all legal obligations imposed on it by statute or regulation. However, by utilizing its services its users are agreeing not to pursue any private remedy against Sphere for any non-compliance and to waive any right to do so to the extent that such waiver is not prohibited by a relevant law or regulation.
  3. Sphere will endeavor to use due care in the selection and training of its employees. However, by utilizing its services its users are agreeing not to pursue any private remedy against Sphere for any action of any of its current or former employees that are contrary to the policies and training that Sphere provides to its employees. In this regard, Sphere will take reasonable steps to prevent any employee or former employee using its system to the detriment of any of its users, including any misuse of any private information provided to Sphere by its users.
  4. While Sphere will make reasonable efforts not to deny service unfairly, it reserves the right to deny service to any individual at its own discretion. Sphere will be more likely to deny service to an individual if it appears that that individual has failed to honor one or more of the user obligations set forth in these TERMS OF SERVICE. However, Sphere shall have no obligation with regard to whether or how it conducts an inquiry into any such failure to honor.
  5. By utilizing its services its users are agreeing not to make any attempt to in any way modify the software which governs the operation of Sphere’s service and website or to in any way aid anyone else to do so.
  6. By utilizing its services its users are agreeing not to abuse the Sphere system or website. Abuse shall be understood to mean any interaction with the system or website that a reasonable person would recognize would adversely effect the proper and efficient operation of the service which Sphere provides. Included in this definition is deliberately providing false information such as fake contacts or listing as contacts persons with whom the listing user is not personally acquainted.
  7. By utilizing its services its users are agreeing not to attempt to access information held by the Sphere system or website that a reasonable person would recognize is private information of Sphere or other users.
  8. By utilizing its services each user is agreeing not to create multiple accounts with Sphere. In this regard, Sphere currently provides the means for a user to have subaccounts for personal and business use.
  9. By utilizing its services each user is agreeing not to cause invitations to an event to be attended by the user to be sent to persons not personally known by the user.
  10. By attending a social event generated by Sphere each attendee is agreeing to behave at the event in an appropriate manner and to avoid deliberately causing discomfort to the other attendees.
  11. By attending a social event generated by Sphere each attendee is agreeing not to hold Sphere in any way responsible for the behavior of any other attendee at the event or subsequently. In this regard, Sphere will take reasonable steps to honor requests by a user that another user not be invited to the same event as the requesting user, but it shall have no liability for a failure to honor such a request.
  12. Sphere reserves the right, but undertakes no obligation, to exclude any user from receiving invitations to any event at the request of any other user who has asked not to be invited to events that include the user being excluded. In this regard, Sphere will be more likely to honor such requests if they are accompanied by a report of objectionable behavior by the user to be excluded and if the requesting user deletes the user to be excluded from his contact list . While Sphere may make inquiries with regard to such a report, it shall have no obligation with regard to how or whether it conducts an inquiry. Sphere may effect such an exclusion by removing contacts from the contact list of the user to be excluded.
  13. Sphere reserves the right but undertakes no obligation to make reasonable inquiries into the behavior of the users at an event that it has created through its service, either at its own initiative or in response to a request from a user.
  14. Users are invited to earn “Sphere Reward Points” for themselves and their connections. Each time a user encourages a connection to become a user and that connection actually becomes a user, both will be awarded 100 Sphere Reward Points. Once Sphere has grown sufficiently that it makes sense in the judgment of its management, it will make each 100 Sphere Reward Points worth $20.00 in discounts at a cooperating merchant. For those users interested in an early redemption of some or all of their Sphere Reward Points, Sphere will work to assign an intermediate discount value from time to time that makes sense to it in light of its circumstances at any given time.


    Sphere will maintain an account of Sphere Reward Points for each of its users. However, that account will be deleted once a person has been removed as a user either at his request or as a result of his violation of the Sphere Terms of Service. Sphere Reward Points will only be redeemable by an active user and only with merchants identified by Sphere as being a cooperating merchant for the Sphere Rewards Points program.

  15. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  16. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


    In no case shall Sphere, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  17. You agree to indemnify, defend and hold harmless Sphere, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  18. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  19. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


    These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.


    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  20. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


    These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


    Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

  21. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Dakota, United States.
  22. You can review the most current version of the Terms of Service at any time at this page.


    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  23. Questions about the Terms of Service should be sent to us through our contact form.