Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By registering or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “You”, “User”,”Customer” shall mean the end user accessing the App, its contents and using the Services offered through the App. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Sphere Plugins, its franchisor, affiliates and partners.
1. Service offered
Sphere Plugins offers features and functionality for user in age range 0 to 8.
2. Property rights
Copyright: All content on Sphere Plugins including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Sphere Plugins or its content providers. No contents within Sphere Plugins are intended for distribution by any means, all the contents within Sphere Plugins are intended to be viewable by user of App “Within” App only.
Trademarks: “Sphere Plugins,” , Sphere Plugins logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Sphere Plugins or otherwise proprietary to Sphere Plugins and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on Sphere Plugins are the property of their respective owners.
3. Unauthorized or fraudulent use
Sphere Plugins offers service to users of age range 0 to 8. By registering for the service you as a parent or guardian warrant that activity of end-user children are monitored by you as applicable. There is a parent section which is of interest to you. From time to time, Sphere Plugins may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use. No contents within Sphere Plugins are intended for distribution by any means, all the contents within Sphere Plugins are intended to be viewable by a user of App “Within” App only.
4. Changes in agreement
Sphere Plugins may at any time change any of the terms of this Agreement but not limited to, the amount of, or basis for determining, any fees or charges for the Sphere Plugins Service. If Sphere Plugins makes material changes to this Agreement, Sphere Plugins will provide notice to you in a manner provided in this Agreement. Your use of the Sphere Plugins Service after any such change will be conclusively deemed acceptance of such change. Sphere Plugins may discontinue or revise any or all aspects of the Sphere Plugins Service without prior notice to you. Price and availability of products are also subject to change without prior notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances. If any change is unacceptable to you, you may cancel your service and terminate this agreement by calling customer service no or sending mail at care@Sphere Plugins.
5. Disclaimer of warranty and limitation of liability
Your use of the Sphere Plugins service, Sphere Plugins and the internet is entirely at your own risk. The Sphere Plugins service, Sphere Plugins and its contents are provided on an “as is”, “as available” basis. To the fullest extent permitted by law, Sphere Plugins disclaims all representations and warranties, including, but not limited to, warranties as to the availability, accuracy or content of information, products or services, and warranties of title, non-infringement, merchantability or fitness for a particular purpose. Sphere Plugins does not warrant that the functions provided by Sphere Plugins will be uninterrupted or error-free, or that Sphere Plugins or the server that makes it available are free from viruses or other harmful components.
Neither Sphere Plugins nor any of its directors, partners, employees, agents, licensors or merchants (collectively, its “associates”) shall be liable for damages of any kind, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the Sphere Plugins service, Sphere Plugins, the internet or for any other claims related in any way to your relationship with Sphere Plugins.
You agree to defend, indemnify and hold Sphere Plugins and its Associates harmless from any claims and expenses, including attorney’s fees, arising in connection with a violation of this Agreement by you or through use of your account.
Sphere Plugins may suspend or terminate your access to the Sphere Plugins Service at any time for any reason with or without notice to you. You may terminate your Sphere Plugins Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice.
8. Privacy and security
Aggregated Information: Sphere Plugins may use aggregated information regarding its customers and usage of the Sphere Plugins Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
Third Party Service Providers: Sphere Plugins may employ other companies and individuals to perform certain functions such as delivering packages and analyzing data. They may have access to personal information to perform their functions.
Enforcement of Agreement or Compliance with Law: Sphere Plugins may use or disclose personal information when Sphere Plugins believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Sphere Plugins or its users or to comply with the law.
9. Legal and miscellaneous
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Arbitration: If any dispute arises between you and Sphere Plugins during your use of the App or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Sphere Plugins. The place of arbitration shall be Surat. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.