Terms & Conditions

Welcome to FasettoTM. Fasetto is a new program that allows you to share and store images, videos, and other content. These terms of use (“Terms”) govern your (“You” or “Your”) use of this website and the Fasetto program (“Fasetto”). By using Fasetto, You acknowledge Your agreement with the Terms and if You are using Fasetto on behalf of an organization, Your agreement and use of Fasetto on Your organization’s behalf constitutes the organization’s consent and Agreement to the Terms.

Beta Version

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:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. The completed notice must be delivered to:
    Coy Christmas
    1401 Tower Ave.
    Suite 307
    Superior, WI 54880
    info@fasetto.com

Other Content

Fasetto may have links to third-party websites or resources. We do not endorse any third party websites, resources, or products, even if they are linked to our website. It is entirely Your responsibility to ensure that You are comfortable with such third party resources and any associated terms of use. Also, we may provide You with software under the terms of an open source license and the terms of those open source licenses may conflict with these Terms. If this occurs, the terms of the open source software license applies to the provisions set forth herein that they conflict with.

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.

Modifications

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.

Privacy

Your privacy is important to us and governed by our Privacy Policy, which is part of these terms. You can access our Privacy Policy here. To view our Privacy Policy scroll to the top and click the Privacy tab

Other Terms

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.

Privacy Policy

Fasetto, LLC ("Fasetto") is committed to respecting and protecting your privacy and security when you are using the FasettoTM program or one of our mobile applications. Your privacy is important to us and we have prepared our privacy policy ("Privacy Policy") to explain our policy on how we protect your private information.  For your convenience, the terms "Fasetto," "we," "our," "ours," or "us" all refer to Fasetto.  The words "you," "person," "personal," or "yours" refer to you or the organization that you represent. 

Agreement and Modification.

The Privacy Policy is part of our Term of Use (click Terms of Service at the top of this page) and your use of Fasetto constitutes your agreement to abide by this Privacy Policy. Further, we may modify the Privacy Policy at any time and while we may send you an e-mail or other communication to notify you of the update, it is your responsibility to check this section of the Fasetto website or mobile app to confirm whether or not you are comfortable continuing to use Fasetto under the then-current Privacy Policy.  Any use of Fasetto after an update to this Privacy Policy is posted will constitute your acceptance of such an updated Privacy Policy. 

Information we Collect.

In order to enable Fasetto 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").

While we will not publicly reproduce, disclose, sell, or otherwise provide the Content or Personal Information You provide to us to a third party (subject to this Privacy Policy), we will retain the right to view all the Content that you provide to us.  We retain this right to help enable us to improve the Fasetto experience.  By "viewing" Content, we mean that we will use algorithms to ensure that Content is indexed properly and therefore properly searched and found. We will not view your Content for other purposes.

Cookies

We may use "cookies" to improve the Fasetto experience.  A cookie is a data file that is transferred to your computer device.  We may also use a "persistent cookie" which saves your user identification and password for future logins to Fasetto.  Finally, we may also use "session ID cookies" to better understand how you use Fasetto and monitor overall usage Fasetto.  You can disable the use of cookies on your browser by adjusting its settings if you would prefer that cookies not be used.

How we Use Information You Provide us.

Fasetto uses your information to better understand your needs to provide you with the best program we can.  With respect to transactions, Fasetto’s 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.

Fasetto 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.

Children.

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 Fasetto and use of Fasetto 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 Rights

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 info@fasetto.com.  We are not obligated to respond to more than one such request per customer per calendar year.

Questions

Questions regarding this policy should be directed to info@fasetto.com.  You may also contact us by U.S. mail at:

Coy Christmas
Fasetto, LLC
1401 Tower Ave. Suite 307
Superior, WI 54880