Welcome to the Sphere Creations Platform, which includes the https://spherecreations.org website (the 'Site') and various mobile applications (collectively, the 'App(s)') owned and operated by Sphere Creations LLC under different brand names. The Platform is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein (the 'Terms'). Your use of the Site and App(s) or any App owned by Sphere Creations LLC constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. https://spherecreations.org is a Forum/Online discussion Site. Ownership and Operation: All mobile applications under separate brand names but owned by Sphere Creations LLC are subject to these Terms of Service. This includes any applications made available for download or use on mobile devices, regardless of brand name or app store listing. App Links: Our website provides access to links where you can download and use our app. By downloading or using the app, you agree to the app's separate terms and conditions, including any policies related to privacy, data usage, and purchases. Forum Usage: Our website hosts an online forum where users can interact, share insights, and exchange information. By participating in the forum, you agree to adhere to our community guidelines, refrain from posting harmful or inappropriate content, and respect the opinions of others. We reserve the right to moderate, remove content, or restrict access if these guidelines are violated. Blog Content: The blog section of our website features articles and guides related to fragrances. All content is provided for informational purposes only, and we make no guarantees about the accuracy, completeness, or timeliness of the information provided. Your use of the blog content is at your own risk. Intellectual Property: All content on our website, including app links, forum posts, blog articles, and any associated materials, are protected by intellectual property laws. You may not use, reproduce, or distribute this content without prior permission from us. Modifications: We reserve the right to modify or update these Terms and Conditions at any time. Continued use of the website after such changes constitutes your acceptance of the new terms. User-Generated Content: Any content you post, upload, or share through our App(s), such as photos, comments, or reviews, is subject to our guidelines. You grant Sphere Creations LLC a non-exclusive, perpetual license to use, display, and distribute this content as part of our services. Data and Device Permissions: Our App(s) may request access to certain device functions (e.g., camera, location) to provide specific services or enhance functionality. By allowing such permissions, you consent to our access and use of this information as specified in our Privacy Policy. App Store Terms: By downloading and using our App(s) from any app store, you agree to comply with that app store's terms and conditions. Sphere Creations LLC is not liable for any issues or disputes arising from the app store’s policies or practices. App Updates and Compatibility: Sphere Creations LLC reserves the right to update the App(s) and modify features at any time. Users may need to download updates to continue using the App(s). We do not guarantee compatibility with older devices or operating systems. In-App Purchases: Some features within our App(s) may require payment through in-app purchases or subscriptions. All payments are processed by the respective app store, and any refund requests are subject to that store's refund policy. Please review the terms of the app store before making any purchases. Beta Features: Our App(s) may include beta features or experimental functions that are provided 'as-is' without warranty. These features are intended for testing, and we reserve the right to modify or discontinue them without notice. Push Notifications: Our App(s) may send push notifications to keep you informed. By using the app, you agree to receive these notifications. You can control notification settings in the device settings.
Your use of https://spherecreations.org is subject to Sphere Creations Privacy Policy. Please review our Privacy Policy, which also governs the Site and App(s) and informs users of our data collection practices.
Visiting https://spherecreations.org or sending emails to Sphere Creations constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site and App(s), satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Sphere Creations is not responsible for third party access to your account that results from theft or misappropriation of your account. Sphere Creations and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Sphere Creations does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site and App(s), only with permission of a parent or guardian.
You may cancel your subscription at any time. Any cancellations will not qualify for a refund. Please contact us at [email protected] with any questions.
The Site and App(s) may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Sphere Creations and Sphere Creations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sphere Creations is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sphere Creations of the site or any association with its operators. Certain services made available via the Site and App(s) are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://spherecreations.org domain, you hereby acknowledge and consent that Sphere Creations may share such information and data with any third party with whom Sphere Creations has a contractual relationship to provide the requested product, service or functionality on behalf of the Site and App(s) users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and App(s) strictly in accordance with these terms of use. As a condition of your use of the Site and App(s), you warrant to Sphere Creations that you will not use the Site and App(s) for any purpose that is unlawful or prohibited by these Terms. You may not use the Site and App(s) in any manner which could damage, disable, overburden, or impair the Site and App(s) or interfere with any other party's use and enjoyment of the Site and App(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site and App(s). All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site and App(s), is the property of Sphere Creations or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site and App(s). Sphere Creations content is not for resale. Your use of the Site and App(s) does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sphere Creations and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sphere Creations or our licensors except as expressly authorized by these Terms.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Sphere Creations has no obligation to monitor the Communication Services. However, Sphere Creations reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sphere Creations reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Sphere Creations reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sphere Creations sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sphere Creations does not control or endorse the content, messages or information found in any Communication Service and, therefore, Sphere Creations specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Sphere Creations spokespersons, and their views do not necessarily reflect those of Sphere Creations. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Sphere Creations does not claim ownership of the materials you provide to https://spherecreations.org (including feedback and suggestions) or post, upload, input or submit to any Sphere Creations Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sphere Creations, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Sphere Creations is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sphere Creations sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your Sphere Creations account to third party accounts. By connecting your Sphere Creations account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Sphere Creations from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sphere Creations Content accessed through https://spherecreations.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Sphere Creations, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site and App(s) or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sphere Creations reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sphere Creations in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sphere Creations agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPHERE CREATIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. SPHERE CREATIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPHERE CREATIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPHERE CREATIONS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPHERE CREATIONS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Sphere Creations reserves the right, in its sole discretion, to terminate your access to the Site and App(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site and App(s). Use of the Site and App(s) is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sphere Creations as a result of this agreement or use of the Site and App(s). Sphere Creations performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sphere Creations right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site and App(s) or information provided to or gathered by Sphere Creations with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sphere Creations with respect to the Site and App(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sphere Creations with respect to the Site and App(s). A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Sphere Creations reserves the right, in its sole discretion, to change the Terms under which the Site and App(s) are offered. The most current version of the Terms will supersede all previous versions. Sphere Creations encourages you to periodically review the Terms to stay informed of our updates.
Sphere Creations welcomes your questions or comments regarding the Terms: Sphere Creations LLC 7340 Forest Ridge Dr Schererville, Indiana 46375 Email Address: [email protected] Phone Number: (1) 219-801-5485 Effective as of November 01, 2024