This version of Bonsai 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 Bonsai 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 store or transmit through Bonsai could be lost. Moreover, we may need access to your Content and by using Bonsai during the beta test; You are authorizing us to access Your Content at any time for any reason.
Bonsai uses software that may include software that is downloaded to your computer or mobile device ("Software"). We hereby grant 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 Bonsai for commercial purposes is prohibited under this license and can result in immediate termination of this license.
In order to maintain the quality of the experience on Bonsai, You agree that Your use of Bonsai and the Content does not:
We are granting You a license to use Bonsai. We reserve the right to terminate that license and suspend Your use of Bonsai 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 Bonsai, any Content that has been submitted to us or 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.
We respect the copyrights and other intellectual property owned by third parties and will take reasonable steps to remove infringing content from Bonsai. 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:
By using Bonsai, You are granting us a limited license to view, use, and transfer the Content in order to enable Bonsai to work. This license is only for the duration of Your use of Bonsai. You are not granting us any ownership of the Content because such ownership is retained by You or the third parties that you obtained the Content from.
We may require that you maintain a username and password to access Bonsai 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 we 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 Bonsai does not occur because of loss, theft, or misuse of your username and password.
Bonsai 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 BONSAI AT YOUR OWN RISK AND THAT YOU UNDERSTAND THAT THERE ARE NO WARRANTIES OR GUARANTEES REGARDING YOUR USE OF BONSAI OR YOUR CONTENT THAT YOU USE WITH BONSAI. AS SUCH, YOU ARE ENTIRELY RESPONSIBLE FOR ANY LOSSES THAT YOU ENCOUNTER DUE TO YOUR USE OF BONSAI AND THESE LOSSES INCLUDE LOST BUSINESS OPPORTUNITIES AND OTHER LOSSES YOU INCUR THAT MAY BE RELATED TO BONSAI 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 WE ARE LIABLE TO YOU, THAT OUR LIABILITY WILL BE CAPPED AT THE AMOUNT OF LICENSE ROYALTIES YOU PAID BONSAI 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 BONSAI.
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 us and supersede and replace any other agreements, terms or conditions applicable to Bonsai and You. Our 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 our company 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 us, You first agree to mediate such a dispute in good faith with us. With respect to such mediation, You agree that You will select a mediator with us who is familiar with software and jointly share the costs of the mediation with us. You also agree that such mediation will be held in Phoenix, Arizona.
In order to enable PA to achieve certain functionality, you may need to submit certain files, images, videos, and other materials ("Content") to the program that may be stored on our servers. Further, we may also collect certain personally identifiable information, including name, title, physical or e-mail address, credit card information, phone numbers, date of birth, and certain other information that is unique to you ("Personal Information"). Further, we may store on our servers indefinitely any information that you transmit through the PA and we cannot guarantee and expressly disclaim any warranty as to the ability to keep such information secure. Please understand that we may not encrypt data that is transmitted through the PA and cannot guarantee any level of security.
PA uses your information to better understand your needs to provide you with the best program we can. With respect to transactions, our goal in collecting Personal Information is to facilitate the purchase of our program and to enable us to contact you if a problem arises or to see how we can serve you better.
We may disclose Personal Information in special cases when we have a good faith reason to believe that disclosing this information is necessary (in our sole opinion) to ensure that laws are not broken or stop the commission of a future or ongoing crime. Further, while we will make every effort to ensure that our systems are secure, we do not guarantee that a third party will never be able to hack into our servers and obtain Personal Information or Content and we specifically disclaim any liability that results from a third party illegally accessing our system.
We take special care to protect the privacy needs of children under the age of 13 and Fasetto does not seek to collect information about children under the age of 13. Children 13 and younger should not use PA and use of PA by a child 13 or younger will result in immediate termination of that child’s account. If a child under the age of 13 submits personal information to us, we delete the information as soon as we discover the source of the submission and do not use it for any other purpose.
California law requires that certain disclosures be made available to California residents who provide information over the Internet that is used for direct marketing purposes. Specifically, any business that discloses a customer's personally identifiable information to a third party for direct marketing purposes is required to provide a method for the customer to obtain the names, addresses, and certain other information for such third parties. If you are a California resident you may request this information from Fasetto by writing to Fasetto, LLC, 1401 Tower Ave. Suite 307, Superior, WI, 54880, Attn: Coy Christmas or by sending an e-mail to firstname.lastname@example.org. We are not obligated to respond to more than one such request per customer per calendar year.
Questions regarding this policy should be directed to email@example.com. You may also contact us by U.S. mail at:
1401 Tower Ave. Suite 307
Superior, WI 54880
© Fasetto LLC 2014