Introduction
Sphere does not allow third-party content involving products and promotions (“Third-Party Material”) on the www.sphereapp.com. As a result, Sphere can only disable a sphere. For more information regarding concerns relating to Third-Party Material, please refer to the Creative Anti-Theft Policy below.
Sphere respects the intellectual property rights of others and prohibits its Creators and Members from engaging in any form of infringement. It is Sphere’s policy to comply with the procedures of the Digital Millennium Copyright Act of 1998 (“DMCA”) to address infringement of Third-Party Material that is posted on a Creator’s sphere. Accordingly, if Third-Party Material violates a valid copyright, Sphere may disable access to payment hosted by Sphere upon receipt of a valid, complete complaint following DMCA procedures (a written notification called a “Takedown Notice”).
Submitting a Takedown Notice
If You believe that a valid copyright in which You have ownership rights is being infringed, Sphere is authorized to disable access to payment hosted by Sphere only if You provide a Takedown Notice to Sphere’s designated Copyright Agent which includes all of the following:
1. The words “TAKEDOWN NOTICE” at the top of Your communication;
2. Detailed identification of the specific copyrighted work(s) or other intellectual property You claim has/have been infringed;
3. Identification of the specific Third-Party Material that You believe infringes upon Your rights and sufficient information to enable Sphere to locate the specific Third-Party Material.
4. The following statements or equivalent:
“I swear, under penalty of perjury, that (i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) I have a good faith belief that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law.”
5. Your company name (if any), Your legal name (printed), Your mailing address, and Your phone number, and, if available, an electronic email address; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.
To file a DMCA complaint with Sphere, send a Takedown Notice that meets all of the above requirements to the physical address or email address below:
Sphere
9169 W State St, # 3568
Boise, ID 83714
Email: [email protected]
Upon Sphere’s receipt of a valid, complete Takedown Notice, Sphere shall (i) disable access to the sphere associated with the Third-Party Material identified in the Takedown Notice, and (ii) take reasonable steps to contact the owner of the Third-Party Material.
Note: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject You to potential liabilities. Prior to filing a Takedown Notice You may wish to first consult with a qualified attorney.
Submitting a Counter-Notice
If You are a Sphere Creator and Sphere disables the sphere associated with the Third-Party Material as a result of a Takedown Notice, You may request Sphere to restore such access by providing a counter-notification (“Counter-Notice”) to the Sphere Agent containing all of the following:
1. Identification of the Third-Party Material and the location at which infringing Material appears;
2. A statement that You have a good faith belief that the Third-Party Material was removed or disabled as a result of mistake or a misidentification of the Third-Party Material;
3. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of the federal court in Boise, Idaho, and a statement that You will accept service of process from the third party who provided the Takedown Notice.
4. Your physical or electronic signature.
Upon receipt of Your Counter-Notice, Sphere shall send a copy of Your Counter-Notice to the original complaining party and inform such party that Sphere shall restore the sphere associated with the Third-Party Material within no fewer than 10 but no more than 14 days unless Sphere receives official notice from the complaining party that it has filed an action seeking a court order to restrain Sphere from restoring access. Sphere retains the sole discretion whether to restore access to a sphere.
Third-Party Repeat Offender Policy
If a Creator is the subject of two or more valid and complete Takedown Notices that the Third-Party does not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, Sphere reserves the right to terminate the Third-Party’s account(s), without penalty or liability to Sphere. In addition, Sphere may exercise all other rights and remedies available to it.
Sphere Reservation of Rights
Nothing contained herein shall restrict Sphere’s ability or right to disable a sphere which Sphere independently discovers and which, in Sphere’s sole discretion, violates or infringes any right of any third party, including, without limitation, to patent, trademark, and copyright (an “IP Right”).
Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov.
Trademark Policy
As a Sphere Creator(“You” or “Your”), in the event Sphere receives a written demand, such as a “Cease and Desist” letter (“Demand”) alleging that Your Third-Party Material infringes upon, dilutes, tarnishes or otherwise violates a third party’s trademark rights, Sphere may in its sole discretion, take reasonable steps to contact You, and to disable access to any sphere hosted by Sphere with the accused Third-Party Material. Sphere may restore any sphere account if:
1. It receives written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or
2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by Sphere in its sole discretion and which Sphere may reject for any reason without penalty or liability to You. In order for Sphere to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
a. The information set forth in the DMCA Policy for a valid Counter-Notice, except such information shall relate to the trademark at issue and not disputed copyrighted material; and
b. An express statement confirming Your irrevocable and binding obligation to indemnify, defend, and hold harmless Sphere from any damages, costs, or expenses that You or Sphere may incur, in any manner whatsoever, arising out of or in connection with Your accused Third-Party Material and/or Sphere’s restoration thereof.
Sphere Creator Terms
As a condition of registration with Sphere, You acknowledge and agree that:
1. Sphere is not under any obligation to restore access to your sphere even if You provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at Sphere’s sole discretion;
2. You expressly waive and disclaim any claim or potential claim against Sphere related to or arising out of Sphere’s disabling a sphere in response to a Demand, including without limitation any claim for lost revenue, lost profits and/or expenses; and,
3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in patents or trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon Sphere any of the obligations imposed under the DMCA with regard to response times or the like.
4. This DMCA and Trademark Policy is part of, and incorporated within, the Sphere Creator Contract As a condition of registering with Sphere and using the Sphere Platform, You expressly acknowledge that You have read and understood this DMCA and Trademark Policy and You agreed to be bound by the terms and conditions contained within. If at any time You disagree with this DMCA and Trademark Policy or any part of it, Your sole remedy is to cease all use of the Sphere Platform and terminate Your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of the DMCA Policy and Trademark Policy.
Creative Anti-Theft Policy
Introduction
Sphere does not host third-party content involving products and promotions (“Third-Party Material”) on its Sphere Website at www.sphereapp.com. Sphere can only disable sphere accounts.
Sphere prohibits any Creator from directly copying other Sphere Creators’ or third parties’ creative works. This Policy is intended to facilitate reporting of clear instances of misappropriation and copying to assist Sphere in identifying non-compliant Third-Party Material and disabling sphere accounts that are associated with the non-compliant Third-Party Material.
Notice and Counter-Notice Procedure
Sphere will handle any reports of alleged copying according to the Takedown Notice and Counter-Notice procedure described in its DMCA Policy. Upon receipt of a valid Notice from a Complainant that a Sphere Creator has copied a material amount of a creative work, such as text, music, an image, or a video (the “Creative”), Sphere will provide a copy of such Notice to the Sphere Creator and disable spheres that are associated with the accused Creative.
This Policy is intended to address clear instances of misappropriation and copying, not mere imitation or similarities in Creatives. Sphere has the sole discretion to decide whether to act under this Policy and to resolve any dispute. Sphere will be guided by the following considerations in determining when and whether to restore the linked access to its payment webpage:
1. The Complainant notifies Sphere in writing that it wishes to withdraw its complaint or that its dispute with the Creator is resolved.
2. The Creator has provided written proof to Sphere demonstrating (in Sphere’s sole discretion) that the information provided by the Complainant is not valid, including but not limited to, clear proof that the Creator owns prior rights to the disputed content.
Sphere may, but is not obligated to, suspend the Creator’s account and payments to the Creator for sales associated with the Third-Party Material.
Application to Trademarks
Under the same process and terms as Sphere handles reports of direct copying of Creatives, Sphere will disable spheres that are associated with a Creator’s use in a sphere of a trademark that is owned by another Creator or a third party, and hold all funds and/or suspend or terminate the account of the Creator.
Sphere Creator Terms
As a condition of registration with Sphere, a Creator expressly acknowledges and agrees:
1. Sphere is not under any obligation to restore spheres even if the Creator provides a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at Sphere’s sole discretion;
2. The Creator waives any and all claims against Sphere for its actions in implementing this policy and the Creator will indemnify, defend and hold harmless Sphere from any damages, costs, or expenses that Sphere or the Creator may incur, in any manner whatsoever, arising out of or in connection with the disputed Third-Party Material and/or Sphere’s removal or restoration of a sphere.
3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in patents, trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon Sphere any of the obligations imposed under the DMCA with regard to response times or the like.
Sphere’s Enforcement Discretion in Disputes Between Creators.
The above policies are intended to protect the legitimate intellectual property interest of all Creators and third parties. In addition to the discretion provided above, where a dispute arises between two Creators regarding the rightful ownership of any Creatives or similar content, Sphere reserves the right to refrain from implementation and advise the Creators to settle their dispute through an appropriate administrative, legal, or judicial process.