ACCESS TO THE SFERA PLATFORM
Additional Terms. SFERA is not and does not become a party to or other participant in any agreement between you and another User for any services offered on the SFERA Platform, and SFERA is not acting as an agent in any capacity for any party. SFERA will have no liability for any interactions between Users. SFERA does not warrant or guarantee that any services offered through the SFERA Platform will meet your requirements.
LICENSE GRANT; RESTRICTIONS; RESERVATION OF RIGHTS; NO MAINTENANCE
Restrictions. You represent, warrant and agree that: (a) you are the person accessing the SFERA Platform; (b) all information that you provide to us is, to the best of your knowledge and ability, true, accurate and correct; (c) you will not rent, lease, sell, sublicense, assign, or otherwise transfer the SFERA Platform and/or any Content (as defined below); (d) you will not, directly or indirectly, reverse engineer, decompile, disassemble, copy, reproduce, distribute, alter, modify, create derivative works of, broadcast, or publicly display any part of the SFERA Platform or any Content except to the extent that this restriction is expressly prohibited by applicable law; (e) you will not use any robot, spider, other automatic device, or manual process to monitor or copy, in whole or in part, the SFERA Platform and/or the Content without the prior express written permission of SFERA; (f) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the SFERA Platform, or that may damage harm or harass the SFERA Platform, the Content, other Users and/or SFERA and/or its employees and/or contractors; (g) you will not use the SFERA Platform and/or Content for any unlawful, invasive, infringing, abusive, tortious, defamatory, libelous, or fraudulent purpose; (h) you will not use the SFERA Platform to send unsolicited communications, promotions advertisements, or spam; and (i) your use of the SFERA Platform and Content, including the provision or receipt of any benefits, goods, and/or services, will be in full compliance with all export laws and regulations of any governing body in the United States (including economic and trade sanctions administered by the Office of Foreign Assets Control), the European Union, China and any other jurisdiction in which such benefits, goods or services are obtained.
No Maintenance. SFERA is not obligated to provide maintenance, support or updates to you for the SFERA Platform.
PROPRIETARY RIGHTS IN SFERA PLATFORM AND CONTENT
Trademarks. All trademarks, service marks, and trade names appearing on the SFERA Platform are the property of SFERA or the respective owners, and are protected by U.S. and international intellectual property laws. You agree not to defame or disparage SFERA or its Affiliates.
THIRD PARTY DISTRIBUTION CHANNELS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SFERA PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS, AND AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SFERA DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY SFERA INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SFERA DOES NOT WARRANT THAT THE SFERA PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFERA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (A) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SFERA PLATFORM AND THE CONTENT; (B) YOUR USE OF THE SFERA PLATFORM AND THE CONTENT; OR (C) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE SFERA PLATFORM. YOU ARE RESPONSIBLE FOR MAKING ALL ARRANGEMENTS NECESSARY FOR YOU TO HAVE ACCESS TO THE SFERA PLATFORM, INCLUDING, WITHOUT LIMITATION, ENSURING YOUR ABILITY TO ACCESS THE INTERNET. SFERA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SFERA PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY A USER OR OTHERWISE APPEARING ON THE SFERA PLATFORM IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SFERA AND/OR ITS AFFILIATES, AND/OR ITS OR THEIR EMPLOYEES, CONTRACTORS, SUPPLIERS, LICENSORS AND/OR AGENTS (INCLUDING, WITHOUT LIMITATION, ANY TESTERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL AND/OR PUNITIVE DAMAGES, AND/OR LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF AND/OR RELATED TO YOUR RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE THE SFERA PLATFORM, THE CONTENT AND/OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD PARTY PRODUCTS OR SERVICES, REGARDLESS OF LEGAL THEORY, EVEN IF SFERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF SFERA AND/OR ITS AFFILIATES, AND/OR ITS OR THEIR EMPLOYEES, CONTRACTORS, SUPPLIERS, LICENSORS AND/OR AGENTS (INCLUDING, WITHOUT LIMITATION, ANY TESTERS) ARISING OUT OF AND/OR RELATING IN ANY WAY TO THE SFERA PLATFORM AND/OR CONTENT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).
LINKS THIRD PARTY WEBSITES
The SFERA Platform may contain links to other Internet websites, applications, and services that are operated and maintained by third parties. You acknowledge, understand and agree that SFERA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites, applications, and services.
BINDING ARBITRATION AND CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”)
Notice of Dispute. If any party intends to seek arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing. Notice should be sent to 2130 N. Hollywood Way, Burbank, CA 91505, Attention: General Counsel. The notice must include your name, address, and contact information, the facts giving rise to the Dispute, and the relief requested.
Class Action Waiver. You acknowledge and agree that you and SFERA are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and SFERA agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section will be deemed null and void and you and SFERA will be deemed to have not agreed to arbitrate Disputes on an individual basis. Notwithstanding your and SFERA’s agreement to resolve all Disputes through arbitration, you and SFERA each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
A party who desires to initiate an arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. You can contact AAA for more information on how to commence an arbitration proceeding at www.adr.org or 1-800-778-7879.
For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. SFERA will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous.
Compliance with Laws. You agree to comply with all applicable international and national laws that apply to the use of the SFERA Platform, its Content or your Personal Information.
Notice. SFERA may provide notices to you via postings on the SFERA Platform, email or any other means of communication for which you have provided contact information or which are reasonably calculated to provide you with notice.
c/o Deluxe Media Inc.
2130 N. Hollywood Way
Burbank, CA 91505