Acceptance of Terms
The following agreement outlines your obligations when using the SPHERE NEWCO, INC. website available at Sphereholdings.co, (the “Site”). The Site is owned and operated by SPHERE NEWCO, INC. Inc. (“SPHERE NEWCO, INC.”), and is accessed by you under the terms of use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SPHERE NEWCO, INC.’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SPHERE NEWCO, INC., ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Modifications of Terms of Use
SPHERE NEWCO, INC. reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, SPHERE NEWCO, INC. will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined at SPHERE NEWCO, INC.’s sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
Content ownership and usage rights
SPHERE NEWCO, INC. shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. This BOIR (Beneficial Ownership Information Report) service is provided in partnership with Entole. If you use Entole to share your data, the only data that is shared is what you explicitly choose to share. Sphere NewCo Inc. does not share any data with Entole unless you explicitly opt to. You should assume that everything you read or see on the Site is copyrighted or otherwise protected and owned by SPHERE NEWCO, INC., or a third party who licensed the right to use such content to SPHERE NEWCO, INC.. Unless otherwise expressly noted, nothing that you read or see on the Site or other site content, or any of the source code or HTML code that SPHERE NEWCO, INC. uses to generate the Site may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of SPHERE NEWCO, INC., except as provided in the Terms of Use without prior written consent or otherwise permitted by relevant law. Content that is uploaded by users to SPHERE NEWCO, INC. remain the property of the owner of the Account that the content was uploaded to. If you utilize a free trial, you agree that we may use the data to support you in your trial.
Indemnity
You will indemnify and hold harmless SPHERE NEWCO, INC., its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.
Warranty disclaimers
Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, SPHERE NEWCO, INC. makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein unless explicitly stated in written and signed contract. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER SPHERE NEWCO, INC. NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF SPHERE NEWCO, INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. SPHERE NEWCO, INC. IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL SPHERE NEWCO, INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL SPHERE NEWCO, INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Linking and framing
SPHERE NEWCO, INC. does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of SPHERE NEWCO, INC.. The Site may provide links to other sites or resources available on the Internet. Because SPHERE NEWCO, INC. has no control over such sites and resources, you acknowledge and agree that SPHERE NEWCO, INC. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SPHERE NEWCO, INC. shall 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, goods or services available on or through any such site or resource.
Trademarks and trade names
SPHERE NEWCO, INC., graphics, logos, designs, page headers, button icons, scripts, and other service names are the trademarks and trade names of SPHERE NEWCO, INC.. SPHERE NEWCO, INC.’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Unless otherwise agreed to in writing, Sustain users allow Sphere NewCo, Inc. and subsidiaries to indicate that they (Sustain Users) and their respective companies (as identified by name signing up and/or by e-mail address) are clients of Sphere NewCo, Inc. and its products. Sphere NewCo, Inc. may advertise this in various ways, including but not limited to, general (e.g. “1k companies use Sphere NewCo, Inc.)” or specifically (e.g. “Entole is a client of Sphere NewCo, Inc.” or “Entole is a client of Sustain.” with use of its (client user’s) logo/mark on Sphere NewCo Inc. and its products ‘(e.g. Sustain) websites or marketing materials).
Electronic communications
We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.
Security
Users are prohibited from violating or attempting to violate the security of the site. SPHERE NEWCO, INC. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Generative AI Terms
SPHERE NEWCO, INC. provides services to users for Generative AI. Users understand that SPHERE NEWCO, INC. will need to process information that is linked or uploaded to site. By uploading information to site, you asset that you have appropriate rights to any content that you upload to be stored and used according to the methods you choose. You also agree that you and any users you give access to will maintain access to this content on our site based upon any rights and licenses you might have. SPHERE NEWCO, INC. will take reasonable precautions to safeguard your data through the controls available, it is your sole responsibility to manage access to parties based on these controls.
Miscellaneous
SPHERE NEWCO, INC. will not train models based upon your data unless specifically agreed to in writing. Further, SPHERE NEWCO, INC. has taken steps to ensure that AI models it utilizes will not grant third party processors (e.g. OpenAI or Microsoft) to have rights to train on your data.