MySphera's Terms and Conditions:
MySphera (or “we” or “us”) provides music distribution to playlist curators via its website www.mysphera.co. . We offer various services to you, whether as a distributer or reviewer, through the website (www.mysphera.co), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service (as defined below) constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our website or Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
MySphera facilitates communication between those sharing music and those receiving music. We will do our best to ensure that this communication takes place as smoothly as possible. We cannot, however, be held responsible for the actions of those using this service.
We fully expect that when a curator agrees to review a song, it is their intention to do so. We cannot, however, be held accountable if it fails.
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use Company or our Service.
In our discretion, we may maintain different accounts for different types of Users. If you open an account on behalf of your company, then (a) "you" includes you and your company, and (b) you represent and warrant that you are an authorized representative of your company with the authority to bind the entity to these Terms of Service, and that you agree to these Terms on your company's behalf. By connecting to Company with a third-party service (e.g., Google, Facebook or SoundCloud), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your authentication credentials for that third-party service.
The service is not available to any User who has been removed by Us.
Company offers a platform for distributors and reviewers to review music, The "Service" means the product, platform or service provided or made accessible to you by MySphera.
By registering and participating in this Service, you agree and represent as follows:
You are of legal age and are otherwise capable of forming a legally binding contract;
You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds;
All information you submit to Us or in connection with Our service is accurate and complete and that you will maintain and promptly update any profile supplied to Company or to Users to ensure accuracy at all times;
You agree to be contacted via Email by MySphera regarding Company's services;
You hereby grant MySphera permission to email or display your Submitted track and such other information as may be supplied by you to Us on or from Our website as We shall deem advisable in its sole determination in connection with the Service for you;
By using the Service, you are granting Us permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;
Whether as an distributor or reviewer, you agree that all orders placed are non-cancellable
3. Responsibility For User Content; Publisher Requirements:
MySphera respects the rights of third party creators and content owner physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) engaging in unauthorized commercial activities and/or sales without Company's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (f) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Company website or for any other unauthorized purpose without Company's prior written consent; (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (g) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Service or Company's hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these Terms of Service.
4. Use of Third Party Services:
As a part of our Service, MySphera may offer links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. MySphera does not operate or control in any way any information, software, products or services available on such web sites. MySphera's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5. Representations and Warranties and Indemnification:
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless MySphera, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
6. Disclaimers and Limitations:
We intend that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, We may make changes and improvements to the information provided herein at any time.
THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." USE OF our SERVICE IS AT YOUR OWN RISK. MYSPHERA AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF MYSPHERA SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY; IN NO EVENT SHALL MYSPHERA OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU.
ERRORS AND DELAYS
MySphera is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
7. Funding Your Account:
You may fund your account by processing payments to your account via PayPal . PLEASE NOTE OUR REFUND POLICY (www.mysphera.co/refund-policy), WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE HEREIN.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
MySphera reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from MySphera at any time by delivering a written notice addressed to firstname.lastname@example.org. You shall be responsible for ensuring delivery of the notice to us.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
9. Copyright and Trade Mark Notices:
All contents of the Service are copyrighted © 2018 MySphera. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.