Fasetto, Inc. ("Fasetto," "We," or "Us") is a corporation formed under the laws of Delaware. Our address is 4110 N. Scottsdale Rd., Suite 315, Scottsdale, Arizona, 85251. The Terms are a legally binding contract between Us and You ("You"). If you are under 18 years old, we ask that You do not proceed to use the Software as we cannot offer it to you.
You are agreeing to the Terms by clicking on the "Agree and Accept" button and accessing the Software.
2. Features and Functions
The Flysview™ application enables you to experience a multi-view viewing experience of an event with numerous other devices that have the application.
We gather the following information through your use of the Software
- Personal information when You register with Us or use the Software. This information is typically limited to your email address, username, password, credit card, banking details, and any information You store in the Software which resides on our servers.
- We may automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages You request.
- We use information for the following general purposes: products and services provision, identification and authentication, services improvement, support, contact, research, and anonymous reporting.
Information We Use, Share, and Disclose
- We do not share personal information We learn about You from your use of the Software, products and services with others except as described in the Terms.
- We may provide advertisers aggregated non-personal information such as the number of times one of their ads in the Software was clicked.
- From time to time, We may sponsor a promotion, sweepstake or contest. You may be asked to provide personal information including your name, email address or address or to answer questions in order to participate. Unless otherwise indicated in the promotion’s rules, this information will be used strictly for the purpose of notifying and arranging delivery of promotional items to the person selected.
- When You access the Software, We collect user-submitted account information such as your username and email address to identify users and send notifications related to the use of the Software.
- When You store information in the Software, You have the ability to post content which may include personally identifiable information about yourself. While We will make every attempt to keep such information secure, we cannot assume liability in the event of a data breach or other unauthorized disclosure. As such, You acknowledge that any information You input into the Software may be disclosed and that We are not liable for such a disclosure.
We may share personally identifiable information about You under
the following circumstances:
- We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or, defend against legal claims and if in our judgment in such circumstances disclosure is required or appropriate including (but not limited to), instances of breach of these Terms, or intellectual property infringement claims.
- We may share your personal information if We believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms, or as otherwise required by law.
- As We continue to develop our business, We may also buy or sell all or part of our business. In such transactions, personally identifiable information You have shared with Us is generally one of the business assets that will be transferred.
Information for Users in Europe
If You reside in the European Union or United Kingdom, You have the "right to be forgotten." This means that if You contact us as indicated below in these Terms, We will delete all of your non-public information that we have upon your request. Please contact us if You reside in the European Union or United Kingdom and desire to enforce your "right to be forgotten."
License to You. We are granting You a royalty bearing, non-commercial, limited, non-exclusive, non-sub-licensable and non-transferable limited license to use, and run the copy or copies of Software that you purchased in Your subscription during the Term of this Agreement. This license specifically excludes the right to make copies of the Software, distribute the Software to others, or make any derivative works of the Software. All ownership of the Software remains with Us. Further, since this is a non-commercial license, any use of the Software for commercial purposes is prohibited under this license and can result in the immediate termination of this license.
Term & Pricing. The term, number of users, and pricing of the various subscriptions to access the Software are set forth in our current pricing model which can be accessed here [insert link to pricing model]. We reserve the right to update the pricing model for subscriptions at any time without notice to You. Further agree that your access to the Software is dependent upon successful payment under the subscription that you purchased and that We will disable your access to the Software at any time if a payment is rejected or not able to be made.
The term of this Agreement is dependent on the type of subscription that you purchased and its length and will terminate when you stop paying subscription fees or when We otherwise terminate your access to the Software pursuant to this Agreement. The total length of time that you have lawful access to the Software is the "Term."
License to Us. All of the information that You input into the Software ("Your Content") remains your property and is owned by You. However, by using the Software You are giving us a perpetual, irrevocable, and royalty free license to use, copy, modify, and created derivative works of Your Content. This allows us to use Your Content in advertising and to study the use of the Software and improve the Software as we see fit.
Restrictions. The rights granted to You are listed above and no other rights or uses of the Software are allowed. For instance, You may not copy any of the screens or interfaces and provide those copies to others or use Our Software to help create a competing application or product. You may not reverse engineer, decompile, disassemble, decrypt, modify, or attempt to create derivative works of the Software and You expressly acknowledge that portions of the Software are trade secrets that We own. As such, You may not make any copies of data or graphics that We have compiled that are in the Software for any purpose whatsoever. Your use of the Software must only be to use the Software for its intended purpose of data and presentation sharing and You may not use the Software in any manner that would result in You competing with Us directly or assisting any third party in competing with Us.
Automatic Updates. You expressly acknowledge that Fasetto may automatically update the Software without your knowledge and your license to the Software is contingent upon your agreement to receive such updates.
Availability. We will make every effort to make the Software available to Your during the entire Term without interruption. However, We may need to have certain scheduled and unscheduled "downtime" to update the Software, fix the Software, address network outages, or otherwise not have the Software available. Accordingly, You agree that these interruptions in access to the Software are not violation of Fasetto’s obligations to You and You expressly agree that the Software will not be available one hundred percent of the time.
5. Registration & Cancellation
In order to use the Software, You may be asked to register with Us by providing your name, address, phone number, e-mail address, and to create a username and password. You agree that all this information You provide at registration is correct and accurate. We will ask for your credit card or other payment process (such as PayPal®) if your subscription fees have not been paid and You agree that any information about your credit cards that You provide to us is accurate.
You agree not to share your username or password with any other person during the Term. Further, You agree that You will not save your password or username on any computer to which others have access to during the Term of this Agreement.
We reserve the right to terminate your access to the Software at any time for any reason in our sole discretion. Should we exercise this right, your license to the Software terminates and You agree to delete the Software from your computers, tablets, and phones immediately. All licenses granted to Us by You specifically survive termination of this Agreement and your use of the Software.
6. Content and Conduct Rules and Obligations
You understand that You are solely responsible for Your Content and You agree that You will not:
- upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inappropriate, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racial, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Fasetto service official, forum leader, other user, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- disguise the origin of any content transmitted through the Software;
- upload, post or otherwise transmit any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Software or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Software;
- intentionally or unintentionally violate any applicable local, state, national or international law
- stalk, bully or otherwise harass another user and/or any third-party;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- provide access to the Software to any third party;
- exceed the access to the Software providing to You under the particular subscription plan that You purchased;
- make any automated use of the system;
- send unsolicited communications, including spam; or
- misrepresent your identify in any way.
We charge certain fees for the Software under the subscription plan that You are part of. Failure to timely pay these fees for any reason, including invalid credit card information, expired credit card information, or any credit card or payment system that will not accept payment will result in termination of your use of the Software without notice to You. Further, You agree that You will provide us with updated credit card or other payment information upon our request so that we can provide uninterrupted access to the Software if fees are charged on an ongoing basis. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment of all such taxes, levies, or duties.
8. Copyright and Notices of Infringement
We respect the intellectual property rights of others and We prohibit users from uploading, posting or otherwise transmitting on the Software any materials that violate another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement as described herein, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If You believe that any material transmitted through the Software infringes upon any copyright which You own or control, You may send a written notification of such infringement to our designated agent identified below.
If You believe that your own copyrighted work is accessible on the our website or Service in violation of your copyrights, You may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material.
- Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes your copyright described in Item 1 above.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
You may send your Notification of Alleged Copyright Infringement to our designated agent by mail or E-Mail as set forth below:
4110 N. Scottsdale Rd. Suite 315
Scottsdale, AZ 85251
The Software is subject to patent, copyright, and various other intellectual property rights. We also own or have the rights to use various trademarks including, but not limited to: Flysview™, FASETTOTM, and various logos. You agree to not use these trademarks or any mark which is confusingly similar to our trademarks provide any goods or services. Further, should You use these trademarks to describe our goods and services, You must use them as shown above or on the Software and properly denote them as trademarks with a "TM" or ® symbol and indication that the trademarks are owned by Fasetto, Inc.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, INCLUDING AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SOFTWARE AND ACCESS TO THE SOFTWARE. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION, OR REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, LACK OF ACCESS TO THE SOFTWARE, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SOFTWARE, OR OTHER INTERACTION WITH THE SOFTWARE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SOFTWARE. WE DO NOT WARRANT THAT (i) THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT FASETTO, INC. SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO FASETTO, INC. IN THE PRIOR SIX MONTHS TO WHEN THE EVENT THAT LEAD TO THE CLAIM OCCURRED.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. GOVERNING LAW; VENUE AND JURISDICTION
By visiting or using the Software, You agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Fasetto, Inc. or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Phoenix, Arizona, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in Phoenix, Arizona.
YOU AND FASETTO, INC. AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SOFTWARE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SOFTWARE, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or You have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions You enter into with a third party may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Phoenix, Arizona. If such costs are determined to be excessive in a consumer dispute, You will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SOFTWARE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. FURTHER, ALL ARBITRATIONS MUST BE CONDUCTED IN ACCORDANCE WITH APPLICABLE LAW AND THE ARBITRATOR SHALL FOLLOW THE LAW AND LEGAL PRECEDENT. In no event shall any claim, action or proceeding by You related in any way to the Software (including your use of the Software) be instituted more than one (1) year after the cause of action arose.
We can send You notices through email, regular mail or our internal notification mechanism. The Software may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Software. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitutes the entire agreement between You and Us and govern your use of the Software, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms). We can amend these Terms by posting amendments to our website in which case the amendments are effective on the date they are posted or that they are noted in the amendments to be effective. We can also amend these terms by a signed amendment between You and Us. You also may be subject to additional Terms and conditions that may apply when You use other services or mobile applications provided by Us, third-party content or third-party software. If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Software or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.