PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
WHEN YOU CREATE AN ACCOUNT OR USE THE APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THEM, PLEASE DO NOT REGISTER, ACCESS OR USE THE APP NOR ANY OF THE SERVICES.
1. WHO WE ARE AND WHAT THESE TERMS DO
These terms and conditions (the "Terms") form a legal agreement between you (the "User", "you" or "your") and Spherum LLP (the "Company", "Spherum", "we", "our" or "us"), a private company limited by shares with registration number 220840045251, incorporated and registered in Kazakhstan, whose current registered office is at Kazakhstan, Almaty, ulitsa karasay batyra 193b, 050008, and includes any future registered address of Spherum.
These Terms govern the relationship between you and us and sets forth the terms and conditions by which you may access and use the App and the Services (as defined below).The App and the Services are not intended to be used by any businesses for the purposes of creating User Content (as defined below). Should the App and the Services be used in this context, the limitations on liability specified below at 18 - OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU will apply.
Please take the time to read these Terms carefully. Use of the App is not intended for persons under the age of 18. If you are not at least 18 years old, you may not use the App at any time or in any manner. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that we have unlawfully collected information from a child under the age of 18 on the App, contact us at email@example.com .
The following definitions apply in these Terms.
"Android": means the mobile operating system developed by Google primarily for touchscreen devices, such as cell phones and tablets.
"Apple": means Apple, Inc. or any of its affiliates.
"App": means the SPHERUM App mobile application software and any features within it (part of SPHERUM + and/or SPHERUM Pro), or updates or supplements to it.
"App Store": means the appstore on which the App was downloaded by the User (namely, the Apple appstore or Google playstore or their respective successors, as applicable).
"Featured SPHERUM™ Sequence": means a SPHERUM™ Model created by a third-party (i.e. not the User). Featured SPHERUM™ Sequence(s) may be available in the App free of charge or as in-App purchases.
"Google": means Google, Inc. or any of its affiliates.
"Intellectual Property Rights": means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
"Services": means the services provided to Users by us, which include:
the ability to create a User account/profile including, without limitation, defining a username,the ability to create SPHERUM™ Model(s) and save such SPHERUM™ Model(s) to the User's account,the ability to create SPHERUM™ Experience(s) and save such SPHERUM™ Experience(s) to the User's account (SPHERUM™ Experience(s) are currently saved locally on the User's device and are not hosted on a cloud platform),the ability to export SPHERUM™ Model(s),the ability to export SPHERUM™ Experience(s) on the different social media channels,the ability to share SPHERUM™ Model(s) with other Users within the App,the ability to access and save Featured SPHERUM™ Sequence(s) to the User's account and to use Featured SPHERUM™ Sequence(s) to create SPHERUM™ Experience(s),the ability to view, use and apply Superpower(s),our related website(s), services, products and contents, or as otherwise specified to the User by us. Not all Services or features may be available in your country or region."Superpower(s)": means any visual element(s)/filter(s) that can be applied to a SPHERUM™ Model and is defined as a "Superpower" in the App.
"User Content": means any content that is captured, recorded, filmed, posted, transmitted or otherwise made available and/or provided by the User through the App including, without limitation, anySPHERUM™ Model, Superpower and/or SPHERUM™ Experience created by the User (including any SPHERUM™ Experience created by the User containing any Featured SPHERUM™ Sequence), and any text, photographs, video recordings, sound recordings and the musical works embodied therein (including video recordings that incorporate sound recordings and ambient noise) that is captured, recorded, filmed, posted, transmitted or otherwise made available and/or provided through the App.
"SPHERUM™ Model": means a 3-Dimensional virtual representation of a 2-Dimensional video recording created by capturing/recording a video with the User's handheld device through the App and converting it using the App's functionalities.
"SPHERUM™ Experience(s)": means any video recording(s) (including accompanying audio recording(s), if any) recorded through the App, which display(s) one or a number of SPHERUM™ Models.
A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to writing or written includes e-mail but not faxes.
3. YOUR PRIVACY
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4. THE APP STORE'S TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the App Store's rules and policies (available on the Apple website (www.apple.com) or Google Play website (www.play.google.com) as applicable) and the App Store's rules and policies will apply instead of these Terms where there are differences between the two. For example all in-App purchases are made using your Apple or Google account.The following additional terms and disclosures only apply to you if you use the App through the Apple operating system, if available and as applicable:
This is a custom end-user license agreement between you and Spherum, and not with Apple. Spherum, and not Apple, is solely responsible for the App and the related content.Spherum grants you the non-transferable right to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this App. Spherum is solely responsible for providing any maintenance and support services with respect to the App.In the event of any failure of the App to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Spherum.Spherum, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.In the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Spherum, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.Any questions, complaints, or claims with respect to the App should be directed to "Spherum" Limited Liability Partnership (Spherum LLP), Kazakhstan, Almaty, ulitsa karasay batyra 193b, 050008, firstname.lastname@example.org.You must comply with applicable third party terms of agreement when using the App.Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.5. OPERATING SYSTEM REQUIREMENTS
This App requires a mobile or tablet device:
made by Apple and with the iOS 14 or iOS 15 operating system and supports ARKit for generating Spherum™ Model(s); ormade by an Android device manufacturer and supports ARCore for generating Spherum™ Model(s).
6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or Services or have any problems using them please take a look at our support resources on our discord channel which you can access through our websites or write at: email@example.com
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or you would like to raise a complaint about User Content or any other material on the App or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org.
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us .
7. YOUR ACCOUNT
To access and use the App and Services, you must create an account with us and provide certain necessary information. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. Spherum reserves the right to suspend or delete any account where it reasonably considers that the information provided is not accurate and/or up-to-date.
The information required to create an account may change from time to time and failure by the User to provide such information may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).
You agree that you will not create more than one account. If your account has already been suspended or deleted for any reason, you agree that you will not create another account without written permission from us.
Password and Security
It is important that you choose a strong account password and keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at email@example.com.
You are required to verify the email address provided when creating an account. Until such verification is provided, the creation of your account may not be complete and may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).
We may require you to set up a two-factor authentication process as a means of security in certain circumstances and at certain times. The method of two-factor authentication will be at the discretion of Spherum. Failure to provide full authentication in such circumstances may result in restricted use of the App and Services (with the nature and extent of such restriction being at our absolute discretion).
Account Activity, Suspension and Deletion
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. You are not permitted to sell, rent or lease access to your account or username without written permission from Spherum.
We reserve the right to issue a warning to you or to delete or temporarily suspend your account at any time in line with the provisions below (see 19 - BREACH OF THESE TERMS) if you have failed to comply with any of the provisions of these Terms.
We reserve the right to delete or temporarily suspend your account due to inactivity for a period of 12 months. We will notify you 30 days prior to any such action, specifying the action that will be taken and the date on which that action will be taken.
If you no longer want to use the App you can delete all your data by going to the account section in the App. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content you created or information you have provided when using the App and/or Services.
If the email address provided when creating an account is deactivated, Spherum reserves the right to delete the User's account within 30 number of days if no replacement email address is provided.
If your account is deleted, it will serve to terminate your and our obligations under these Terms.
8. HOW YOU MAY USE THE APP
In return for your agreeing to comply with these Terms you may:
download a copy of the App onto your handheld devices and view, use and display the App and the Services on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules governing Family Sharing or any similar functionality provided by Apple or Google;receive and use any free supplementary update of the App incorporating "patches" and corrections of errors as we may provide to you.Whenever you make use of a feature that allows you to create/generate content through our App, or to make contact with other Users of our App or share User Content, you must comply with the content standards set out below at 16 – ACCEPTABLE USE RESTRICTIONS. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Services as set out in these Terms. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
10. CHANGES TO THESE TERMS
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App. If you keep using the App after having been notified of the changes, acceptance of those changes will be implied. The User agrees that these changes will form part of these Terms.
11. UPDATE TO THE APP AND CHANGES TO THE SERVICES
From time to time we may automatically update the App and/or change the Services to improve performance, enhance functionality, reflect changes to the operating system, address security issues or for any other reason.
Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always match the description of it provided to you when you downloaded it.
We may suspend or discontinue any aspect of the Services at any time. Before doing so, will notify you of the affected Services. Failure to provide such notification will not, however, affect our right to suspend or discontinue such Services.
12. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
13. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any of the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
14. USER CONTENT
Rights You Grant Us
You Grant us the right to delete any User Content that violates these Terms. If you wish to report any User Content that violates these Terms, please report us at: firstname.lastname@example.org
This App is designed for creation, sharing and joint creation between Users and is not designed for private communications. Any content you create/generate and/or make available through our App will be considered non-confidential and non-proprietary. You are free to share your content with anyone else, wherever you want. Please note that any content you share is likely to be shared by other Users. Please be mindful of the content you create/generate through the App and share as such content your sole responsibility. We accept no liability in respect of any content or information submitted by Users of the App and/or Services.
With regard to any of your Spherum™ Models, Superpowers and/or Spherum™ Experiences, you grant, and represent and warrant that you have the right to grant, us and our affiliates, agents, services providers, partners and other connected third parties:
a worldwide, perpetual, royalty-free, sublicensable, and transferable licence to use, modify, adapt, edit, reproduce, prepare derivative works of, display, exhibit, broadcast, publish and redistribute that Spherum™ Model, Superpower and/or Spherum™ Experience in connection with the Services and across different media, including, without limitation, for promotional purposes and improving the Services, forever; anda worldwide, non-exclusive, royalty-free, transferable licence for other Users, partners or advertisers to use that Spherum™ Model, Superpower and/or Spherum™ Experience in accordance with the functionality of the App, forever.In particular and without prejudice to the above:
you grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your User account information, to identify you as the source of any of your User Content;you grant us and our affiliates, agents, services providers, partners and other connected third parties, a worldwide, perpetual, royalty-free, sublicensable, and transferable licence to use, modify, adapt, edit, reproduce, prepare derivative works of, display, exhibit, broadcast, publish and redistribute any Spherum™ Model, Spherum™ Experience and/or Superpower you have created/generated and provided through the App for the purposes of creating new Spherum™ Model(s), Spherum™ Experience(s) and/or Superpower(s) in combination with other SpherumM™ Model(s), Spherum™ Experience(s) and/or Superpower(s) created/generated by other Users, creating new promotional material and improving the App and/or Services;you grant us and our affiliates, agents, services providers, partners and other connected third parties, the right to disclose your username and email address to any third party who is claiming that any content posted or created/generated by you through our App constitutes a violation of their Intellectual Property Rights, or of their right to privacy;you grant us the right to delete at any time and for any reason any Spherum™ Model, Spherum™ Experience and/or Superpower that you have created and/or provided through the App; andyou agree that, if your account is deleted, suspended or otherwise disabled, we may keep any Spherum™ Model, Spherum™ Experience and/or Superpower for research and/or product development purposes and for improving the App and/or Services.We may generate revenues, increase goodwill or otherwise increase its value from your use of the App and/or Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts. You acknowledge and agree that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
You further acknowledge that, unless permitted by us in these Terms or in another agreement you enter into with us, you:
have no entitlement to receive any income or other consideration from any User Content or your use of any content made available to you on or through the Services, including in any User Content created by you; andshall have no entitlement to monetise or obtain consideration from any User Content within the Services or on any third party service (including any other social media platform) to the extent that such User Content has been in any way edited or otherwise modified through the Services.You further acknowledge that, by posting User Content to or through the Services, you:
waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content;to the extent permitted by applicable law, waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with any of your User Content; andto the extent permitted by applicable law, waive and agree never to assert any and all moral rights you may have in or with respect of any of such User Content, or to support, maintain or permit any action based on any such moral rights.The Content of Others
While the permitted uses of the App and Services are made clear throughout these Terms, User Content is the sole responsibility of the User who created that User Content.
While we will do our best to assess any possible risks for Users when they use the App and the Services and we reserve the right to review or remove all User Content, we do not necessarily review all of it. We, therefore, cannot and do not take responsibility for any User Content that others provide through the Services.
As outlined above, the use of any of the App and the Services by a person under 18 years old is not permitted. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to create an account or use App. In the event that we become aware that we have collected personal information from a child under 18, we will delete that information as quickly as possible.
If you wish to complain about content created/generated by other Users, please contact us on email@example.com
Exporting of Content
It is important to note that if you export your User Content from the App, then you may not be able to control any further use, processing or re-animation of it, by third parties. Spherum accepts no responsibility for the use of your User Content once exported to other apps, game engines, websites or the like.
As the exporter of User Content, then you accept full responsibility for any liability arising from its use thereafter, and you will indemnify Spherum against any claims made by third parties in respect of its publication or use outside the App.
15. LICENCE AND LICENCE RESTRICTIONS
Subject to the restrictions in these Terms, Spherum grants you a personal, worldwide, royalty-free (save in respect of in-App purchases), non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the App and the Services. This license is for the sole purpose of letting you use and enjoy the App and the Services in accordance with these Terms. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the App and the Services will automatically terminate.
You agree that you will:
except in the course of permitted sharing (see the above section on 8 - HOW YOU MAY USE THE APP), not rent, lease, sub-license, loan, assign, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person, or use the App or the Services to advertise or perform any commercial solicitation, without prior written consent from us;not copy the App or Services;not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;not interfere with or attempt to interfere with the proper working of the App, disrupt the App or any networks connected to the App, or bypass any measures we may use to prevent or restrict access to the Services;not use any automated system or software, whether operated by a third party or otherwise, to extract any data from the App for commercial purposes;not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; andcomply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.Use by you of the App or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to the App and/or Services if in our sole opinion your User Content violates or potentially violates these Terms, third party rights (including Intellectual Property Rights), applicable laws or regulations or is otherwise harmful to the App and/or Services, our Users or third-parties.
16. ACCEPTABLE USE RESTRICTIONS
This Clause sets out the standards (the "Content Standards") that apply when you create/generate User Content through the App, make contact with other Users on the App, share User Content (through the App with other App Users or by any other means) or interact with the App and/or the Services in any other way (the "Interactions"). If you notice any breach of this Clause and you wish to report it to us, you can do so by submitting your request at: firstname.lastname@example.org
The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any Interaction as well as to its whole.
Spherum will determine, in its discretion, whether an Interaction breaches the Content Standard.
You must not:
record any video through the App (for the purposes of creating Spherum™ Model(s) or Spherum™ Experience(s) or otherwise) or otherwise use the App and/or the Services under unsafe conditions or in a dangerous manner;use (or attempt to use) the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data/content, into the App, any Service or any operating system;transmit, send or create/generate any User Content or other material that give the impression that the material emanates from Spherum, if this is not the case;knowingly transmit any data, send or create/generate any User Content or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; andwithout prior written consent from us, transmit, procure the sending of, or create User Content containing any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).Respecting others
comply with our content standard policy;not use or attempt to use another User's account, username, or password without that User's permission;not create any User Content that features (either as Spherum™ Model(s), Superpower(s) or in Spherum™ Experience(s)) another person without a lawful basis to do so (be it consent or any other basis available under applicable law);not solicit or attempt to solicit another User's username and/or password;respect other Users within the App;not use the App or the Services in a way that could interfere with, disrupt, affect negatively, or otherwise inhibit other Users from fully enjoying the App and/or Services;not create, share or transmit any material (User Content, messages or any other material) that is defamatory, offensive or otherwise objectionable, or use the App and/or the Services in a manner that could cause offence or upset to others (whether they are users of the App and/or Services or not) or otherwise affect them in a negative way. In particular, you must not bully others (whether they are users of the App and/or Services or not) or capture or share material that contains pornography (or other sexually explicit material), graphic violence, threats, hate speech, or incitements to violence;not create User Content that infringes or otherwise infringe (or attempt to infringe) our Intellectual Property Rights, those of any other Users within the App or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);not apply Superpower(s) on other Users' Spherum™ Model(s) or share them in a manner that could cause offence or upset other Users or otherwise affect Users or members of the public in a negative way; andnot apply Superpower(s) on other Users' Spherum™ Model(s) or share them in a manner that violates any Intellectual Property Rights.Security
You must not:
use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security;collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;without our prior written consent, use or develop (or attempt to use or develop) any third-party application that interact with the App and/or the Services;access (or attempt to access) by any means areas or features of the App or the Services that you are not authorised to access;without our prior written consent, test the vulnerability of the App or the Services or any system or network that could potentially harm the App or the Services; andencourage or promote any activity that violates these Terms.
17. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
Spherum are KZ, US, UK and EU registered trademarks of Spherum (or awaiting registration). You are not permitted to use them without our approval, unless it is part of material you are using as permitted under these Terms.
If you wish to complain about content created/generated by other Users which you believe infringe your Intellectual Property Rights, please contact us at email@example.com. If you believe that your copyright in a work may have been infringed by content created/generated by other Users under KZ law, please see below for our notice procedures pursuant to the Digital Millennium Copyright Act.
Digital Millennium Copyright Act Procedure
Spherum respects the Intellectual Property Rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Volograms's designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;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;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; andA 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 .Notifications of claimed infringement should be forwarded to Spherum designated agent as follows:
"Spherum" Limited Liability Partnership
Kazakhstan, Almaty, ulitsa karasay batyra 193b, 050008
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification. If you posted or submitted material to Spherum which Spherum removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Spherum's designated agent listed above:
Your physical or electronic signature;Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; andYour name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside for any judicial district in which Spherum may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing the owner (or the person authorized to act on behalf of the owner) that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in 10 to 14 business days after our designated agent's receipt of the counter-notification, at our sole discretion.
Spherum reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
18. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
Limitation of our liability to you. To the fullest extent permitted by law, our total aggregate liability whether in contract, in tort (including negligence), under any statute or otherwise under or in connection with these Terms and the provision and receipt of the Services will be limited to the amount paid by you to us within the 12 month period immediately preceding your claim against us.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose, we will have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our App and/or the Servicesuse of or reliance on any content displayed on our App.In particular, we will not be liable for:
loss of profit, sales, business or revenue;business interruption;loss of anticipated savings;loss of business opportunity, goodwill or reputation; orany indirect or consequential loss or damage,and we exclude all implied conditions, warranties, representations or other terms that may apply to our App and/or the ServicesL.
Limitations to the App and the Services. The App and the Services are provided for entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App and the Services. We recommend that you back up any content and data used in connection with the App and/or the Services, to protect yourself in case of problems with the App and/or the Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Store) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
19. BREACH OF THESE TERMS
Actions Taken on Breach
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the 15 - LICENCE AND LICENCE RESTRICTIONS and 16 - ACCEPTABLE USE RESTRICTIONS in particular constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
issuing a warning to you;temporarily suspending your account;permanently deleting your account;deleting any User Content that you have created;bringing legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;bringing further legal action against you; ordisclosing such information to law enforcement authorities as we reasonably feel is necessary or as required by law.Any action taken by us may be taken immediately or at any other time after the breach has occurred.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above and we may take any other action we reasonably deem appropriate.
Consequences of Breach
We may permanently end your rights to use the App and Services at any time by deleting your account as outlined above. If we end your rights to use the App and Services:
You must stop all activities authorised by these Terms, including your use of the App and any Services.You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us in writing that you have done this.We may temporarily limit or restrict your rights to use the App and/or any or all aspects of the Services at any time by suspending your account as outlined above. The extent and period of any such suspension may be determined by Spherum. Any lifting of such suspension may be contingent on certain actions being taken by you.
20. WE MAY TRANSFER OUR AGREEMENT WITH YOU TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.
21. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22. IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
24. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by Kazakhstan law and you can bring legal proceedings in respect of the products in the Kazakhstan courts.Effective: May 25th, 2022
Spherum LLP, Kazakhstan
Almaty, ulitsa karasay batyra 193b, 050008