These Terms of Service, which govern your access to and use of our Website, constitute a binding legal agreement between you and SFERA whether you are a registered user or a visitor browsing the Website.
YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE “I AGREE” BUTTON, OR ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.
Any use of the Website not provided for herein is expressly prohibited.
Access to the Website
You are responsible for making all arrangements necessary for you to have access to the Website including without limitation ensuring your ability to access the Internet.
SFERA shall have sole discretion in determining the appropriateness of its Website and its Content.
You represent, warrant and agree that: (1) you are the person accessing the Website; (2) all information that you provide to us is, to the best of your knowledge and ability, true, accurate and correct, (3) you will not use any robot, spider, other automatic device, or manual process to monitor or copy, in whole or in part, the Website or any third party content or information available on or through our Website or used in connection with our Website without the prior express written permission of SFERA; and (4) you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or that may damage harm or harass SFERA, its employees, and any system, data, or personal information contained on our Website; and (5) your use of the Website, 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.
Proprietary Rights in Website Content
SFERA is the owner or the licensee of all intellectual property rights in the Website and all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up, appear on, or are accessible via the Website and/or the Website (the "Content"). You acknowledge that certain Content available on the Website is protected by copyright laws and treaties around the world, and trademark, patent or other intellectual property rights of SFERA or its licensors and affiliates (collectively, “Affiliates”). Except as expressly provided herein, nothing within the Website or its Content shall be construed as conferring any right or license to you under any of SFERA’s or its Affiliates’ intellectual property rights, whether by estoppel, implication, waiver or otherwise.
You agree that you will not directly or indirectly use, copy, reproduce, distribute, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any part of the Website or its Content without the prior express written consent of SFERA.
All trademarks, service marks, and trade names appearing on the Website are the property of SFERA or the respective owners of such marks or names, and are protected by U.S. and international intellectual property laws. You agree not to defame or disparage SFERA or its Affiliates and their respective trademarks, service marks, and trade names, or any other aspect of the Website, Content, Website or performance tests. Any use of the intellectual property including without limitation the copyrights, trademarks, service marks, trade names, trade dress, Website or Content without the express written consent of SFERA or the owner of said intellectual property, as applicable, is strictly prohibited.
Reservation of Rights
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE 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 WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFERA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE CONTENT; (2) YOUR USE OF THE WEBSITE AND THE CONTENT; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SFERA, ITS EMPLOYEES, SUPPLIERS, AGENTS (INCLUDING ANY TESTERS) OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIM (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE THE WEBSITE, THE CONTENT IT PROVIDES, 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 WHICH SFERA, ITS EMPLOYEES, ITS SUPPLIERS, ITS AGENTS (INCLUDING ANY TESTERS) AND ITS LICENSORS MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID FOR THE SERVICES AT ISSUE. THIS LIABILITY CAP WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE.
Links to Other Internet Sites
The Website may contain links to other Internet websites 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.
You agree to comply with all applicable international and national laws that apply to the use of the Website, its Content or your Personal Information.
SFERA may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information, or which are reasonably calculated to provide you with notice.
Sfera Studios LLC
c/o Raines Feldman LLP
9720 Wilshire Boulevard
Los Angeles, CA 9021