Terms of Service
This version of Fasetto is a beta version and the first version that we have publically released. While we are excited that You are part of this beta test, it is just that, a beta test and Fasetto may have more errors and bugs than normal as we roll out the program. As such, there is a chance that some or all of Your files, images, videos, and all other materials (“Content”) that you load onto Fasetto could be lost. Moreover, we may need access to your Content and by using Fasetto during the beta test; You are authorizing us to access Your Content at any time for any reason.
License of Software
Fasetto uses software that may include software that is downloaded to your computer or mobile device (“Software”). Fasetto grants you a limited, nonexclusive, nontransferable, revocable license to use the Software solely for non-commercial, personal use pursuant to these Terms. No other rights to the Software are granted to you and such rights are specifically reserved by us. Further, since this is a non-commercial license, any use of Fasetto for commercial purposes is prohibited under this license and can result in immediate termination of this license.
Responsibilities of Using Fasetto
In order to maintain the quality of the experience on Fasetto, You agree that Your use of Fasetto and the Content does not:
- Infringe any intellectual property rights, including patent, copyright, trademarks, trade secret, or trade dress of any third party
- Harass, defame, bully, or intimidate any third party in any way
- Breach or circumvent any security or authentication measures
- Interfere with or disrupt any user, host, or network, such as by transmitting a virus, malware, or other harmful programs
- Send unsolicited communications, including spam
- Misrepresent your identity in any way
- Violate any law; or
- Use Fasetto in a manner that is not in the spirit of these Terms, even if such use does not violate a specific term contained within.
Right to Terminate
We are granting You a license to use Fasetto. We reserve the right to terminate that license and suspend Your use of Fasetto at any time for violating these Terms or for any reason that we deem appropriate, in our sole and absolute discretion. Should we terminate Your use of Fasetto, any Content that has been submitted to us and that is stored on our servers remains ours and we are under no obligation to return it to you. This does not mean that the underlying intellectual property rights in the Content are transferred to us, rather that we retain ownership of the physical Content that we have at the time of termination and are under no obligation to return it to you.
Copyright and Other Intellectual Property Infringement
We respect the copyrights and other intellectual property owned by third parties and will take reasonable steps to remove infringing content from Fasetto. To that end, if You are a copyright owner or are authorized to act on behalf on the behalf of a copyright owner, please report alleged copyright infringement to our designated agent using the following procedure under the Digital Millennium Copyright Act or DMCA. In order to be effective notice and allow us to remove the material that allegedly infringes Your copyright, the notice must contain the following as required by the DMCA:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works have allegedly been infringed, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact You, such as your address, telephone number, and, if available, an e-mail address at which You may be contacted.
- A statement from You attesting that You have a good faith belief that use of the material complained of is not authorized by the copyright owner, its agent, or the law.
- A statement from You attesting that that the information you provide to use in Your notice is accurate, and under the penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed.
- The completed notice must be delivered to:
1401 Tower Ave.
Superior, WI 54880
Ownership of Content
By posting Content on Fasetto, You are granting Fasetto a limited license to view, use, and transfer the Content in order to enable Fasetto to work. This license is only for the duration of Your use of Fasetto. You are not granting Fasetto any ownership of the Content because such ownership is retained by You or the third parties that you obtained the Content from.
Security and Passwords
We require that you maintain a username and password to access Fasetto at certain times. The username and password is assigned to You and You may not transfer, share, or disclose this information to any third party for any reason. While Fasetto will make reasonable attempts to ensure that the system is secure, You are entirely responsible for Your username and password and that improper access to Fasetto does not occur because of loss, theft, or misuse of your username and password.
Limitation of Warranty and Liability
Fasetto is provided to You “as is” without any warranties, express or implied related to merchantability or fitness for any purpose. That means that YOU ARE USING FASETTO AT YOUR OWN RISK AND THAT YOU UNDERSTAND THAT THERE ARE NO WARRANTIES OR GUARANTEES REGARDING YOUR USE OF FASETTO OR YOUR CONTENT THAT YOU USE WITH FASETTO. AS SUCH, YOU ARE ENTIRELY RESPONSIBLE FOR ANY LOSSES THAT YOU ENCOUNTER DUE TO YOUR USE OF FASETTO AND THESE LOSSES INCLUDE LOST BUSINESS OPPORTUNITIES AND OTHER LOSSES YOU INCUR THAT MAY BE RELATED TO FASETTO NOT FUNCTIONING—INCLUDING SUCH LOSSES THAT WE KNEW OR COULD KNOW ABOUT. IN CERTAIN STATES AND OTHER JURISDICTIONS, THESE LIMITATIONS OF LIABILITY ARE NOT PERMITTED AND IN WHICH CASE THEY DO NOT APPLY. IN ANY EVENT, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT TO THE EXTENT FASETTO IS LIABLE TO YOU, THAT OUR LIABILITY WILL BE CAPPED AT THE AMOUNT OF LICENSE ROYALTIES YOU PAID FASETTO IN THE PAST YEAR BEFORE THE EVENT OCCURRED THAT GAVE RISE TO THE LIABILITY. FINALLY, YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE A BASIS OF THE BARGAIN THAT ALLOWED US TO OFFER YOU RIGHTS TO FASETTO.
We reserve the right to modify and amend these Terms at any time. While we may e-mail or otherwise contact You to notify You that these Terms have been updated, it is Your responsibility to verify that You are complying with the most up-to-date Terms. You should check back to this portion of our website to verify whether or not these Terms have changed.
These Terms form the entire Agreement between You and Fasetto and supersede and replace any other agreements, terms or conditions applicable to Fasetto and You. Fasetto’s failure to enforce any particular provision shall not constitute a waiver of any such provision and we expressly reserve the right to enforce such a provision at a later date. Should any provision or section of these Terms be found invalid or unenforceable, such provision shall be stricken from these Terms and the remaining terms shall be valid. Further, You expressly agree that You and Fasetto are not partners or agents. Any dispute related to these Terms will be governed by Arizona law and you agree to the exclusive jurisdiction of the courts located in Maricopa County, Arizona. Should any dispute arise between You and Fasetto, You first agree to mediate such a dispute in good faith with Fasetto. With respect to such mediation, You agree that You will select a mediator with Fasetto who is familiar with software and jointly share the costs of the mediation with Fasetto. You also agree that such mediation will be held in Phoenix, Arizona.