about usage of the software SphereLive ( “Sphere” ) by the User
edition dated 25/03/16, approved by order No 18 of the General Director of Sphere systems LLC dated 25/03/16
The copyright holder of software SphereLive ( “Sphere” ) -
Sphere systems LLC Certificate of state registration of program for computer №2011615739
Don't start installation or use of this software and any other related materials until you carefully read the following terms and conditions.
Article 1. Terms
1.1. License agreement about usage of software SphereLive ( “Sphere” ) by the User (further - the Agreement) - the license agreement about usage of the software SphereLive ("Sphere") with all applications concluded between the User and Sphere systems LLC about usage of the software SphereLive ("Sphere").
All publications on the Website http://sphere-live.com referenced in this agreement and the others related to the execution of this Agreement, are the applications to this Agreement and its integral part. These applications come into force from the moment of their publication on the Website http://sphere-live.com.
1.2. SphereLive ( “Sphere” ) - the software provided to You for usage according to the simple (non-exclusive) license on the terms, indicated by present Agreement for information exchange with Users through the Internet.
1.3. Sphere systems LLC ( further - the copyright holder) – the holder of an exclusive right to the software SphereLive ( “Sphere” ).
1.4. You, the User – registrated owner of the personal User's account in software, a phisical person possessing full legal capacity in accordance with the current legislation of the Russian Federation, using the software on the terms established by the present Agreement for the purpose of free communication in the Internet or usage of the software as an Expert or for receiving paid services from the Expert.
1.5. Expert – registrated owner of the personal User's account in software, who is a phisical person possessing full legal capacity in accordance with the current legislation of the Russian Federation has accepted the terms of this Agreement and the License agreement about usage of the software SphereLive ("Sphere") as an Expert published on a Web site http://sphere-live.com.
1.6. License agreement about usage of software SphereLive ( “Sphere” ) by the Expert - the license agreement about conditions of the software's SphereLive ("Sphere") use by the Expert for commercial purposes published on the Website http://sphere-live.com, accepted by the Expert.
1.7. Commercial use - usage of the software by the Expert for the purpose to profit.
1.8. Device – the hardware on which the User install and/or use the software.
1.9. Audio/video calls – the mode of communication during which voice and video messages are transmitted in real time and it can proceed in the mode “one-to-one”, “one-to-many”, “many-to-many”.
1.10. Consultation – an usual audio/video call of the Expert to the User/Users during which after acceptance of the Agreement by the User/Users on holding of paid consultation can begin paid mode of communication. During the consultation the Expert "broadcasts" in the modes "one-to-one" and "many-to-many" that is has an opportunity to discuss a subject of consultation at the same time with all Users who are present at consultation.
1.11. Lecture - audio/video call of the Expert to the Users, which immediately starts as free call or as paid call after acceptance by all Users of the Agreement who have registered in lecture to conduct a paid lecture. During the lecture the Expert “broadcasts” in the mode “one-to-many” at the same time has an opportunity to give alternately the word to individual Users, the entire audience will hear them.
Article 2. The Subject Of The Agreement
2.1. The subject of the Agreement is providing by the copyright holder to the User the rights of usage of software on the basis of a simple (nonexclusive) license which allows the User to make audio/video calls using personal devices.
2.2. The software is provided on the basis of “AS IS” without guarantees of performance, safety of data and other obviously expressed or expected guarantees. The copyright holder is not responsible for causing or a possibility of damnification to you, your information or your business as a result of use or impossibility of software's usage.
Article 3. Acceptance of the Agreement's terms.
3.1. For installation of the software on your device, You has to agree with the terms of this Agreement at the registration which symbolizes the acceptance by You of this Agreement without exception or clauses. The agreement with all applications comes into force from the date of acceptance of this Agreement by You and remains in effect the entire period of Your usage of the software or to unilateral cancelation by the copyright holder in accordance with the terms of this Agreement.
For usage of the software You voluntarily provide to the copyright holder true and complete information about yourself requested by the software in case of Your registration and You maintain this information in an actual condition, otherwise responsibility for negative consequences, lays down on you.
The copyright holder has the right at any time to request confirmation of the data You specified during registration and to request supporting documents, in case of failure to provide these documents at the discretion of the copyright holder it can be equated to giving false information and entail the corresponding consequences.
If You provide false information or the copyright holder has the serious reasons to believe that information provided by You incomplete or doubtful, the copyright holder has the right to block or delete Your account and/or to limit Your usage of some software's functionality. Blocking, deletion, limitation in this case is considered the sufficient notification of the User.
3.2. For usage of the software in commercial purposes in addition to this Agreement, You must accept the License agreement about using of the software SphereLive (“Sphere”) by an Expert.
3.3. You have no right to agree to the execution of Agreement's terms if You have no legal right to use the software in the country in which You are located or reside and/or if You have not reached the age at which according to the law, You have the right to sign the copyright Agreement having obligatory legal force.
3.4. The copyright holder recommends to the Users regularly check the conditions of this Agreement, the License agreement about usage of software SphereLive ( “Sphere” ) by the Expert and the applications to them regarding introduction of changes and/or additions. The copyright holder has the right to make changes and/or additions to these Agreements and applications. These changes / additions are published on the Website www.sphere-live.com and come into force from the date of their publication on the Website www.sphere-live.com. Continuation of usage of the software by the User/Expert after making these changes and/or additions means their obvious consent with changes/additions and the acceptance by the User/Expert of these changes and/or additions. In case of disagreement with changes/additions it is necessary to stop using the software.
Article 4. License and conditions of its issue
4.1. Under this Agreement the software is provided free of charge. The copyright holder provides an access to the software to all interested persons according to this agreement and the current legislation of the Russian Federation. Additional functions of the software with wider possibilities of communication and the right of commercial use, are provided to the User by the copyright holder in the order established in article 8 of this Agreement.
4.2. In case of the acceptance of this Agreement, You will receive the simple ( non-exclusive) license for download and installation the software on the Device and also for personal usage of the software via Your personal User Account (hereinafter "user Account").
4.3. Any rights which are not provided to you in an obvious form according to this Agreement are reserved by the copyright holder.
4.4. You have no right:
1) to issue sublicenses, to sell, to assign, to give in use and rent, to export, to import, to spread, to transfer or to grant the rights on a software to the third parties;
2) to undertake, to induce, to allow or to authorise the modification, creation of similar products or improvements, translation into other languages, engineering analysis for reproductive purposes, decompilation, disassembling, decoding, emulation, violation of integrity of the protective system, recovery or attempts to recover the source code or protocols of the software or any features or functionality, except for the cases when such actions are acceptable in accordance with the legislation;
3) to delete, to hide and to modify any copyright notices or other notifications related to property rights included in the software;
4) to make video, to photograph, to make audio recordings and otherwise copying, execution or distribution of lecture/consultation without the permission of the Expert.
4.5. No positions of this Agreement provide the User the right to use the trade names, trademarks, domain names and other distinctive marks of the copyright holder.
5.1. For usage of the software You need a broadband Internet connection. You shall independently provide availability of the equipment, the headsets needed for Internet access or enable communication.
5.2. For download or use any software's updates You may be required to accept the updated version of the Agreement. The copyright holder has the right to demand from you automatic download and installation of updates for usage of the software and you agree to accept such updates of the Agreement.
5.3. In case of necessity maintenance or upgrade of the software or basic infrastructure which gives you technical ability to use the software, the copyright holder has the right to limit temporarily or partially or completely stop usage of the software by you until completion of such maintenance and/or upgrade. If possible, the copyright holder will publish in advance on the Website http://sphere-live.com/ information about the temporary termination of the service or limit availability of the software. You don't have the right to claim damages for such suspension of services or restriction of the software's availability.
5.4. The copyright holder is not a source of information transferred by Users with the help the software and he is not responsible for the content of information exchange. Using the software the full responsibility for the content of information exchange lies on the person who is the source of the transmitted information.
5.5. You must prevent the transmission of materials which are protected by author's right, a trade secret or other third party rights. You must prevent the transfer of materials that represent false or misleading information; or the materials of illegal, indecent, slanderous, discrediting, threatening, pornographic, hostile nature calling for making of actions which can be considered as a criminal offense and violation of any legislation or as the basis for the civil responsibility as well as to be considered unacceptable for other reasons, and also the materials containing harassments and signs of racial or ethnic discrimination. You must not spread service offerings or requests for money transfer, promotional materials, "junk mail", "spam", "chain letters" or other forms of obtrusive offers of goods and services, to pretend yourself for other person.
5.6. Sending to the copyright holder any suggestions on your own initiative, You hereby agree that the copyright holder may not accept and not consider them, he does not incur any obligations of confidentiality in respect of these proposals.
5.7. During using of some sections of the Website of the copyright holder or the software You can take part in written survey, to report in written form your suggestions or problems through the contact forms or notifications on problems (hereinafter – Feedback). These comments are considered as property of the copyright holder. The copyright holder has the right to use the feedback for different commercial purposes without paying any compensation. The feedback that You leave under any circumstances will not be considered confidential information and the copyright holder is not responsible for the disclosure of information provided in Feedback.
5.8. You can place on your own Web sites links to the Web site http://sphere-live.com/ provided that you do it legally and you don't cause these actions damage to the copyright holder. It is prohibited to give to the link the form, falsely indicating any non-existent connection between You and the Copyright holder or You have permission from the Copyright holder.
Article 6. Obligations of the User.
6.1. Before first use of the software You have to create a User's Account. We recommend you to use a password that consists of letters and numbers. It's possible to use the software only by means of the user Account. Using User's Account you can log in.
Responsibility for all operations performed with use of You User's Account, for keeping in a secret the data of credit card, bank accounts, passwords, numbers of “ wallets” in the systems of electronic money, phone numbers and e-mail addresses and other confidential data lies on You. For prevention of unauthorized use please keep the password a secret, don't tell it to the third parties and don't use it for access to the Websites or services of the third parties. If You suspect that Your password is known to someone else, You should change it immediately for protection of the confidentiality of Your User's Account. The copyright holder is not responsible for disregard of obligations by You stated in this article.
6.2. You agree to use the software in accordance with the laws of the country in which You are. In some countries restrictions may apply to download and use. Responsibility for determining whether You have the legal right to use the software in the country in which You are, lies on You.
6.3. The User has no right:
* to intercept or to eavesdrop, to break or to interfere with any information exchange which isn't intended for you;
* to use any software codes (viruses, Trojans, worms, "time bombs", etc.) intended for distortion, deleting, damage, simulation or violation of integrity of the software, transmitted data or protocols;
* to spread without acceptance of receivers the mass commercial messages (also called "spam"), which are prohibited by the relevant provisions current legislation, or to use the software for the purpose of "phishing" ("pulling" of valuable information), "pharming" (redirecting the Internet traffic to fake websites), to impersonate another person or to create false impressions about another person or organization;
* to send the another users materials of offensive character or materials potentially dangerous to minors, obscene materials or other undesirable character;
* to use (including as part of Your user name or avatar) any material or content on which the third parties have the property right, except when You have a license or permission of the person possessing such rights;
* to use the Website of the copyright holder for collection of any identifying information, including account names;
* to influence or try to influence on the software's availability for example, by means of attacks of DOS (denial of service) or DDoS (distributed denial of service);
* to use and launch any automatic systems, including "robots", "spiders", "the offline readers", etc. for access to the Website of the copyright holder. At the same time, You hereby agree that the copyright holder will provide to operators of public search engines permission to use "spiders" for copying of materials from the Website of the copyright holder with the purpose of creation publicly available search indexes of the materials, but prohibit to create cash entries or archives of such materials. The copyright holder has the right to withdraw these exceptions at any time;
* to use the Website of the Copyright holder, the software for the purposes of propaganda of extremism, xenophobia and racial discrimination.
6.4. The User hereby agrees that:
* using or making attempts to use the software or the Website of the Copyright holder for creation of obstacles or inconveniences to the third parties, for the expressing of threats or invasion into private life of the third parties, You bear independently responsibility, and the Copyright holder is not responsible neither to you, nor to any third parties;
* You use the Website of the copyright holder and/or the software at your own risk, You can face materials of offensive or obscene content;
* You shall be solely responsible, and the owner assumes no responsibility to You or to any third party for any Content that You create, submit, post or publish on the Web sites of the right holder or with.
* You bear independently responsibility, and the copyright holder does not bear any responsibility neither to you, nor to any third parties for any Content which you create, represent, place or publish on the Websites of the copyright holder or with the help of the software.
Article 7. Property rights
7.1. The software and the Website http://sphere-live.com/ are the intellectual property of Sphere systems LLC and are protected by the legislation about protection of author's rights of the Russian Federation and other countries. You have no right to take any actions which can compromise or lead to violation or restriction of intellectual property rights on the software and the Website http://sphere-live.com/ .
7.2. For violation of intellectual property rights on the software and Web site http://sphere-live.com/ the offender has administrative, civil or criminal liability in accordance with the legislation of the Russian Federation.
Article 8. Paid functions of the software.
8.1. Paid functions of the software are regulated by the present Agreement, License agreement about usage of software SphereLive ( “Sphere” ) by an Expert, Agreement on holding the paid consultation published on the Website http://sphere-live.com/.
8.2. Paid functions of the software provide the User with more opportunities of communication and commercial use, namely:
8.2.1. Receiving/providing of paid consultations;
8.2.2. Receiving/providing of paid lectures;
8.2.3. The opportunity to subscribe for one of the tariff plans SphereLive published on the Website http://sphere-live.com/ will allow to expand the abilities of the software for User: the size of cloud storage, increasing the number of participants simultaneously participating in the conference.
8.3. By this Agreement the User authorizes the copyright holder to keep records and control of time used by the User for providing/listening of the paid lectures/ consultations, and funds received from the User. Time for calculation the the cost of paid service is counted in minutes. The copyright holder determines independently the form, procedure of accounting and control. Accounting is kept by the copyright holder via the account assigned to the User during registration in the software in the billing system of the account of the copyright holder. The time management of participation of the User in paid lecture / consultation and the calculation of their value for the User begins from the moment of acceptance this Agreement by the User on carrying out paid lecture / Agreement on carrying out paid consultation.
8.4. The copyright holder has the right at any time and without individual warning of Users to change the tariff plans SphereLive and the procedure for their granting and payment. All changes are shown in the Website http://sphere-live.com/ . You can decide to accept or not to accept the new tariff plans before the payment. You hereby undertake to familiarize with updates of tariff plans. The fact of the continuation of the use of the software and/or the first payment made by You after changing the rate, indicates that You agree with the new tariff plans.
8.5. During the use of the software on mobile devices will be used the part of the limit allocated to you for data transmission (Internet traffic) as the part of the package or the plan on which You have subscribed with Your mobile network operator. The usage of the software outside Your country of residence can be more expensive than using inside the country and You are responsible for awareness of these questions and paying for possible roaming and other associated costs charged by Your mobile operator.
8.6. The money deposited by you will be credited on Your account in the software. Paid functions are paid from the funds deposited by the User in the order described on http://sphere-live.com/ .
Replenishing Your own Account, and accepting the Agreement on carrying out the paid consultation/Agreement on carrying out the paid lecture the User fully and unconditionally agrees with the size of cost of the software's paid functions. By accepting this Agreement, the User gives full and unconditional agreement to write off by the copyright holder of funds from his (User's) personal account in accordance with a chosen (by the User) tariff plan, Agreement on carrying out the paid consultation/Agreement on carrying out the paid lecture.
8.7. The User hereby agrees that the copyright holder has the right to stop using the software by the User without prior notice at the moment when the balance of funds on the personal User's Account comes nearer or will become equal to zero even if consultation/lecture.
8.8. The User is responsible for the correctness of specified data necessary for deposit money. The user is obliged to monitor the cash balance in his account.
8.9. The copyright holder is not a representative of either the Consultant nor User, and therefore can not be responsible for any financial obligations arising between the Consultant and the User.
8.10. The payment must be made via the payment system chosen by the User in case of payment implementation in rubles of the Russian Federation. When you receive the payment in another currency, the money is converted into Russian roubles at the current exchange rate of the operator on the electronic transfer of funds.
For money transfers in foreign currency (the currency of the Russian Federation between nonresidents) are working the rules of currency legislation of the Russian Federation, certificates of authorities of currency regulation and acts of authorities of currency control, therefore it may occur User's responsibility for payment of customs duties. All calculations are performed taking into account the restrictions established by the legislation of the Russian Federation.
8.11. The copyright holder at his own option attracts a payment service and payment system operators to provide Users with the ability to use paid functions of the software. The User independently and at his own expense pays the fee (other fees) in case of depositing cash to personal account in the software. The User is responsible for payment of the expenses listed in this paragraph. Claims for collection of commissions, other expenses, the User directs the person to whom paid these commissions, expenses incurred.
8.12. The balance of money registered according to User's Account at the end of the reporting month are not returned to the User, and can be used by the User in subsequent periods.
8.13. The User guarantees that he is the owner or has legal grounds to dispose of the funds used in his transactions. The User guarantees that the operations performed by him are not used for illegal trade, financial frauds, laundering and legalization of funds received by illegal means and illegal activities.
Article 9. Cancellation of the Agreement
9.1. You have the right to terminate this Agreement with the Copyright holder without the right challenge this decision in court, sending a request to close Your User Account, stopped using the software.
9.2. The Copyright holder has the right to terminate this Agreement with You or temporarily deprive Your ability to use the software, to block You User Account without the right to challenge this decision in court in the following cases:
* in case of violation of this Agreement's terms by You;
* if the Copyright holder has reason to believe that You are using the software with violation of any law or the rights of third parties;
* if the Copyright holder has reason to believe that You are using the software for fraudulent purposes or that Your User Account is used by the third parties for fraudulent purpose;
* due to changes in the legislation at the request of competent authorities or partners of the Copyright holder.
9.3. Termination of Your access to the User Account in the software is a sufficient notice of termination of the software's use by the User. The Copyright holder has the right to delete User Accounts if it inactive for more than 1 (one) year.
9.4. After the termination of the Agreement between the User and the Copyright holder all licenses and rights of the software's Use are cancelled without additional notice to the User; You agree to stop immediately using of the software; You agree to delete immediately the software from all hard drives of Your devices, servers and other storage media and destroy all copies of the software controlled by you or which are available at your disposal.
Article 10. Refusal of providing of guarantees and liability limit
10.1. The software and the Website of the Copyright holder are provided to the Users and are used by You at your own risk without any guarantees. The Copyright holder doesn't guarantee constant availability and accessibility of software and/or Website of the Copyright holder, its uninterrupted, timely, protected, faultless work, as well as the safety, completeness and accuracy of transmitted information. Also the Copyright holder doesn't guarantee the availability of Internet connection and data transmission through the Internet, as well as the quality of the connection performed using the software.
10.2. You hereby agree that the Copyright holder doesn't bear any responsibility, including civil (for example negligence), regardless of whether he has been notified about the possibility of such losses or damage for any consequences of Your use of the software for information exchange via the Internet or other software.
10.3. As some countries / states / jurisdictions don't allow a refusal from responsibility or its limitation, but allow the limitation of a financial responsibility up to a certain amount, in this case the responsibility of the Copyright holder and affiliates is limited to 50 (fifty) euros.
10.4. If any third party makes to the Copyright holder a claim in relation of violation of this agreement by you; violation of the current legislation by you; violation of the third party rights by you; transferred the User's Content by you; the application submitted by you concerning any Content of the User; or as a result of the events listed here, you agree to protect the Copyright holder from responsibility and to refund to the Copyright holder all expenses and losses, to pay any demands, compensations and other expenses (including reasonable and justified legal expenses) related to such claim.
Article 11. The products and services of third parties
11.1. The website of the Copyright holder contains (or may contain) links to other websites in the Internet (the websites of the third parties) as well as articles, photos, illustrations, graphics, information, applications, programs and other Content belonging to or proceeding from the third parties (Content of the third parties) which are result of intellectual activity and protected according to the legislation of the Russian Federation.
11.2. These third parties and their Content are not checked by the copyright holder for compliance to different requirements (reliability, completeness, honesty, etc.). The copyright holder is not responsible for any information posted on the websites of the third parties to which the User gets access via the Website of the Copyright holder or via the third party Content, including any opinions or statements expressed on websites of the third parties or their Content.
11.3. Posted on the Website of the copyright holder links or instructions for downloading of files and(or) installation of third party programs don't mean support or approval of these actions from the Copyright holder.
11.4. The link to any website, product, service, any information of commercial or non-commercial subject posted on the Website of the Copyright holder is not an approval or recommendation of these products (services) from the Copyright holder.
11.5. If the User has decided to leave the Website of the Copyright holder and pass to third party sites or use or install third party programs, he makes it at his own risk and from this moment this Agreement no longer extend to the User. In case of further actions the User should be guided by the applicable rules and policies, including business customs of those persons whose Content he is going to use.
Article 12. Special conditions
12.1. The user guarantees compensation of losses of the copyright holder in cases of complaints or claims directly or indirectly related to the usage of the software, except the losses caused by the guilty (intentional or negligent) actions of the copyright holder.
12.2. All disputes and disagreements under this Agreement shall be solved by negotiations. In case of arising claims the User should address on the contacts specified on the website in the section "Contacts".
12.3. In case of impossibility of a dispute decision by negotiation, the parties shall forward the matter to the Arbitration court at the location of the Copyright holder. To this Agreement and all relations connected with the usage of the software, subject to the application of the law of the Russian Federation and any claims or suits following from this agreement or use of the software, shall be filed and discussed in the court at the location of the Copyright holder in accordance with the legislation of the Russian Federation.
12.4. The fact of receiving of paid service by the User is confirmed by data billing system of accounting of the Copyright holder and is accepted by the parties of this agreement, the third parties, and also by courts as the proper proof. Claims about the service quality the User shall immediately send to the Copyright holder after rendering of low quality service / lack of service, but no later than three days.
The claims of the User to the Copyright holder on other questions, shall be submitted to the Copyright holder within a month, after violation of the User's rights.
In the case of absence of claims within the terms specified in this paragraph, the Parties consider that the services are performed by the Copyright holder in favor of the Expert in due amount, proper quality and with observance of fixed terms.
The claims must be submitted on the e-mail: firstname.lastname@example.org.
Article 13. Confidentiality
13.1. The Copyright holder will make all efforts for to ensure the integrity of Your private life and personal information. We undertake to process Your personal information, data about Internet traffic and the contents of Your communications, in accordance with the regulations on privacy and protection of personal data of users of the software SphereLive and Agreement to the processing of personal data of Users published on the Website http://sphere-live.com/.
Article 14. Feedback
14.1. For address to the Copyright holder on the questions connected with the software please apply via Website www.sphere-live.com. Otherwise, Your application may not be accepted.
Article 15. Other terms
15.1. You hereby accept the usage of electronic means of communication for the conclusion of License agreements, and other Agreements published on the Web site http://sphere-live.com/ , the choice of rates of SphereLive, regulations, contracts, place orders and creation of the other records and also on electronic delivery of notifications, the regulating documents, the changes of the above-mentioned and data about the operations with the Copyright holder on email address specified be You during registration.
15.2. You hereby agree that the License agreements accepted by You in electronic form, rates of SphereLive, regulations, contracts, other documents are considered as competent and authentic evidences.
15.3. You hereby agree that if the Copyright holder can't provide the software and/or Website of the Copyright holder as the result of force majeure, the Copyright holder is not responsible for violation of his obligations to You under this Agreement.
15.4. You hereby accept that You had read the present Agreement and understand Your rights and obligations, the terms and conditions contained in the present document. Clicking the "accept" button and/or continuing the installation or use the software, You hereby accepted the Agreement.