Terms & Conditions
Please read these Terms & Conditions carefully before accessing or using this website (www.fivesphere.com).
ACCEPTANCE OF TERMS & CONDITIONSFivesphere's non-exercise of any rights or powers conferred upon it by these General Terms or under Brazilian law, and its tolerance against violations of these General Terms or its rights shall not result in the waiver of its rights, novation, or changes in items and provisions hereof, allowing Fivesphere to exercise its rights at any time.
- You agree with the terms and conditions set forth below, including any modified or additional terms that may be periodically published by Fivesphere (collectively referred to as "Terms & Conditions"). If you do not agree with all the provisions established in these Terms & Conditions, do not access or use this Site.
- Fivesphere may change these Terms & Conditions from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access to the Site and its use will be subject to the current version of the Terms & Conditions, rules, and guidelines published on the Site at the time of such use. Please regularly check the "Terms & Conditions" link on the home page of fivesphere.com to view the current terms. If you breach any of the Terms & Conditions, your license to access or use this Site shall automatically terminate.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS- All content on this Site, including, but not limited to images, videos, and related metadata (collectively referred to as the "Fivesphere Content"), as well as the selection and arrangement of the Fivesphere Content, are protected by copyrights and other intellectual property laws and treaties. Any unauthorized use of Fivesphere Content violates such laws and these Terms & Conditions. Except as expressly provided for herein or in a separate license agreement established between you and Fivesphere, Fivesphere does not grant any express or implied permission to use the Site, the Site Services (as defined below), or any Fivesphere Content. You agree not to copy, republish, frame, link to, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, perform, license, sublicense, or reverse engineer the Site or any Fivesphere Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or Fivesphere Content.
- Unless you have entered into a license agreement with Fivesphere, you may not distribute, display and/or copy any Fivesphere Content.
- You may not remove any watermarks or copyright notices contained in the Fivesphere Content.
FIVESPHERE TRADEMARKS- For the purposes of these Terms & Conditions, the term "Trademark(s)" shall mean all registered trademarks, logos, service marks, trade names, Internet domain names, or any other indication of origin used currently or in the future by Fivesphere.
- Nothing contained herein grants you the right to use any Fivesphere Trademark, unless expressly provided for in these Terms & Conditions.
- You agree that you will not use Fivesphere Trademarks in any manner that might tarnish, disparage, or reflect adversely on Fivesphere.
- You agree that you will not challenge (i.e., in a legal action or otherwise), or assist or encourage any other person or entity to challenge the validity of any Fivesphere Trademark or trademark rights claimed by Fivesphere.
- You agree that you will not use any Fivesphere Trademark or any variation thereof (including misspellings) as a domain name or part thereof regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time adopt or use any word or mark which is similar to or likely to be confused with Fivesphere Trademarks, without its prior authorization.
- The look and feel of the Fivesphere Site, including all page headers, custom graphics, button icons, and scripts are Fivesphere trademarks and may not be copied or imitated, in whole or in part, without prior written authorization from Fivesphere.
- All other trademarks, product names, company names, or logos used or appearing on the Fivesphere Site are the property of their respective owners. Reference to any product, service, process, or any other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply in Fivesphere's endorsement, sponsorship, or recommendation thereof, unless expressly stated as such.
- You may not use the Fivesphere trademark logo to link to the Fivesphere Site without prior written authorization from Fivesphere.
- If you wish to create a link to the Fivesphere Site or any to content within the Fivesphere Site, such as images or videos, please send an e-mail to fivesphere@fivesphere.com to request prior authorization.
SITE SERVICES- Various services are made available to you, based on your use of the Site and licensed Fivesphere Content ("Site Services"). Access to the Site Services and their use are subject to your compliance with these Terms & Conditions, any applicable license agreement you have entered into with Fivesphere, and with the law. Fivesphere remains the sole owner of all rights, titles, and interest in the Site Services, reserving all rights not expressly granted under these Terms & Conditions. At its sole discretion, Fivesphere may modify, replace, or discontinue any Site Service at any time and for any reason, with or without notice. Fivesphere provides the Site Services on an "as is" and "as available" basis. Fivesphere (or third parties acting on its behalf) may collect data related to the use of the site and its services.
- Fivesphere may make the Fivesphere Content available through the Site Services. You may not use Fivesphere Content for any purpose without first obtaining a license to use such Fivesphere Content. Your use of any Fivesphere Content shall be governed by the applicable license agreement separately entered into between you and Fivesphere. Displaying and/or distributing to the public any unlicensed Fivesphere Content, with or without watermark, (whether incorporated into a derivative work or alone) constitutes copyright infringement.
- Fivesphere shall allow registered users to download free images (Free Sample), for personal use only. Free Sample images may be published on the Internet, and whenever displayed or published these should mention Fivesphere, through a caption or text embedded in the image.
INFRINGEMENT CLAIMS / DMCA NOTICES- If you believe any image or other material made available by Fivesphere infringes upon any copyright owned or controlled by you, you may notify Fivesphere as described in our Copyright Infringement Policy.
LIMITATIONS- You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Fivesphere or any third party.
b. Violate any applicable law or regulation related to the access to or use of the Site, or engage in any activity prohibited by these Terms & Conditions.
c. Violate the rights of Fivesphere or any third party (including privacy and publicity rights), or abuse, defame, harass, stalk, or threaten others.
RESTRICTION AND TERMINATION OF USE- Fivesphere may block, restrict, disable, suspend, or terminate your access to all or part of the Site, the Site Services, and/or Fivesphere Content at Fivesphere's discretion, without prior notice. Any conduct by you that, at Fivesphere's sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in termination of your access to the Site or Site Services without prior notice.
LINKS TO THIRD PARTY SITES- In the event Fivesphere provides links from its Site to any third party website or allows any third party to link from its website to the Fivesphere Site, you should be aware that Fivesphere does not make any express or implied warranty of any kind, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under Fivesphere's control, and Fivesphere provides and/or authorizes these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Fivesphere.
WARRANTIES AND RESTRICTIONS- You are solely responsible for your use of the Site and its Services. The Site and its Services are provided by Fivesphere under these Terms & Conditions "as is" without express, implied, statutory, or any other kind of warranty. Fivesphere expressly disclaims all warranties of any kind, either expressed or implied, to all or part of the Site Services made available at any time, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that may arise under any law. Without limiting the foregoing, Fivesphere makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services, or materials will be corrected. Fivesphere makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that the Site Services will meet your requirements, or that Fivesphere will continue to support any specific feature of the Site Services.
PERSONAL INFORMATION AND PRIVACY- Fivesphere will use and protect your data, such as your name and address, in accordance with the Fivesphere Privacy Policy, the contents of which are available at http://www.fivephere.com
INDEMNIFICATION- You agree to defend, indemnify, and hold harmless Fivesphere, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, but not limited to, attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site or the Site Services, your breach of the Site Terms & Conditions or of any representation or warranty contained herein, your unauthorized use of the Fivesphere Content, or your violation of any third party rights.
GOVERNING LAW AND JURISDICTION- These Terms & Conditions are governed by and shall be construed in accordance with the laws of Brazil. In the event of conflicts regarding rules and provisions described in the General Terms included in the heading paragraph hereof, the rules and conditions related to specific products and/or services shall prevail, as provided for in writing by Fivesphere.
These General Terms, as well as the relationship arising from the actions described herein, and any dispute arising hereunder shall be governed exclusively by Brazilian laws.
The parties hereby elect the Central Court of the Judicial District of the city of São Paulo to settle any issues arising from the use of the Contents and/or violation of these General Terms, to the exclusion of all others, however privileged they may be.
If you believe that there are facts, circumstances or suspicion of any misuse of the Contents or any safety issue related to Fivesphere, and especially if it represents a violation of copyright, intellectual property or any other rights, please notify Fivesphere by sending an e-mail to fivesphere@fivesphere.com, If possible, please include your personal data (name, address and phone number) and specify the event observed by you (particularly in the event of alleged copyright infringement), including a full and precise description of the protected and supposedly violated contents and their URLs.
These Terms & Conditions shall not be interpreted neither against nor in favor of any party, but in accordance with the fair meaning of the language contained in this Agreement. The invalidity or unenforceability of any provisions of these Terms & Conditions shall not affect the validity or enforceability of the balance of the provisions hereof.LICENSE AGREEMENT
By downloading any image or package from the Fivesphere website, you agree to adhere to the Terms & Conditions set in the License Agreement. Please refer to the License Agreement accessing your account at My Account.
FIVESPHERE LTDA-ME
Rua Dom Duarte Leopoldo e Silva, 27 - Sala 53
09015-560 - Centro - Santo André
Sao Paulo - Brazil
