Terms of Service ("Terms")
Last updated: February 14, 2018
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://www.fuselyapp.com/ website and the Fusely mobile application (together, or individually, the "App") operated by Yellowstone Technologies, Inc. doing business as Fusely Technologies ("us", "we", or "our").
Your access to and use of the App is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the App.
By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the App.
By creating an Account on our App, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The App is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Fusely Technologies cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Fusely Technologies customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Fusely Technologies with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Fusely Technologies to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Fusely Technologies will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fusely Technologies, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Fusely Technologies will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the App after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the App, including its legality, reliability, and appropriateness.
By posting Content on or through the App, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the App. However, by posting Content using the App you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the App.
Fusely Technologies has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this App are the property of Fusely Technologies or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our App or a third-party App. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property The App and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Fusely Technologies and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or App without the prior written consent of Fusely Technologies.
Links To Other Web Sites
Our App may contain links to third party web sites or Apps that are not owned or controlled by Fusely Technologies.
Fusely Technologies has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Apps. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Fusely Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Apps available on or through any such third party web sites or Apps.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Apps that you visit.
We may terminate or suspend your account and bar access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the App.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have had between us regarding the App.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
If you have any questions about these Terms, please contact us.