Terms of Use
By using our software, subscription service and/or our website, you agree to comply with our Terms of Service, as stated herein. Any new features or tools which are added to the current service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time in our knowledge base . Botsko.net, LLC reserves the right to update and change the Terms of Service by posting updates and changes to our web site. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
ACCOUNT TERMS
All users must be 13 years or older to use this service. Accounts and user logins may not be registered via automated methods. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person - a single login shared by multiple people is not permitted. You are responsible for keeping your password secure. Trellis Development cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You are responsible for your account. You must not transmit any worms or viruses or any code of a destructive nature. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). A breach or violation of any of the Account Terms as determined in the sole discretion of Botsko.net, LLC will result in an immediate termination of your services.
FREE ACCOUNTS
All accounts begin as free accounts with support for one private project and unlimited public projects and the ability to collaborate with anyone (collaborators are limited). You are not required to upgrade your account at any time to continue using the free project. You may cancel anytime.
PAYING ACCOUNTS, BILLING AND CANCELLATION
A valid credit card is required for all accounts (except the single free account, or accounts given away by Snowy Evening staff) in order to continue using Snowy Evening. We will bill you for this service in advance on a monthly basis. There will be no refunds or credits allowed, including upgrade or downgrade refunds or pro-rated months (i.e., credits for partial service months). Anytime you cancel, the service will be terminated within forty-eight hours.. Our monthly fees are exclusive of taxes or levies imposed by taxing authorities. You are responsible for payment of all such taxes or levies imposed on you as an account holder. We will charge your credit card for any upgrade or downgrade in plan level at the new rate upon your activation of the new plan type. If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity. We will delete all of your content upon cancellation and we will not be able to recover this information once deleted. We are not liable for any loss resulting from cancellation.
MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to modify or discontinue the service (or any part thereof) with or without notice to you. Prices of all services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice will be posted to our website or the service. We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
OWNERSHIP RIGHTS
Your profile and the content you provide to the service remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content. We do not pre-screen content but we have the right to refuse or remove any content that is available via this service. The look and feel or this service is Copyright © Botsko.net, LLC. All right reserved. You may not duplicate, copy, modify, or reuse any portion of the HTML/CSS or visual design elements without our prior, express written permission.
OTHER CONDITIONS
Your use of this service is at your sole risk. The service is provided on an "as is" and "as available" basis. Technical support is provided via email, twitter, or forums to all account holders. You understand that we use third party vendors to help provide the service to you. You must not modify the service or another website to falsely imply association with the service, our company or any other service we provide. You agree not to violate our copyright and not to reproduce, duplicate, copy, sell, resell, modify or exploit any portion of the service or access to this service without our prior, express written permission. You must not store or post pornographic, obscene, defamatory, threatening or otherwise objectionable content, or content that violates any person's intellectual property or links to such content, through the Service. You must not transmit any malicious programs such as viruses, worms and other code or programs intended to inflict harm.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ASSISTANCE, WHETHER WRITTEN OR ORAL, PROVIDED BY US OR ANY THIRD PARTY TO YOU SHALL CREATE OR EXTEND ANY WARRANTY. WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS AND WE DO NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH THIS SERVICE OR THE INTERNET. WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FAILURE TO PERFORM, INTERRUPTIONS OR DISRUPTIONS IN THE SOFTWARE OR SERVICES CAUSED BY OR RESULTING FROM FORCE MAJEURE EVENTS, ACTS OF THIRD PARTIES, OMISSIONS OR CONDITIONS BEYOND OUR REASONABLE AND FORSEEABLE CONTROL.
LIMITATION OF LIABILITY
We shall have no liability, whether under any legal theory of warranty, contract, tort (including our negligence or the negligence of any third party), strict liability, or otherwise, regarding the Service or other actions performed by us and relating in any way to this Terms of Service. In no event shall we or any third parties be liable for any special, indirect, incidental, or consequential damage or loss of any nature (such as damages for delay, damage to property, lost profits, death or injury to person, or any claims of those not a party to this Agreement) which may arise in connection with the Service or other acts performed under or relating to this Terms of Service.
SUSPENSION OF SERVICE OR CANCELLATION
We reserve the right to suspend or cancel your account access if in our reasonable judgment, your account is the source or target of a violation of any of these terms, or for any other situation we deem reasonably necessary.
SEVERABILITY
If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
ENTIRE AGREEMENT
Our current Terms of Service and our current Privacy Policy are our entire agreement with you and supersede any prior agreements or prior terms of service or policies.
APPLICABLE LAW AND JURISDICTION
Our Terms of Service are subject to the governing laws of the State of Oregon. Only courts of competent jurisdiction in Oregon shall have original jurisdiction over any disputes arising hereunder or relating to the Software or Services.