SocialEd, Inc. (dba Bonsai), its subsidiaries and affiliates (collectively, the “Company”), provide its content and services (the “Bonsai Platform”) subject to the following terms of use (the “Terms of Use”). The Company may periodically change the Terms of Use without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Bonsai Platform shall be subject to these Terms of Use.
By accessing and using the Bonsai Platform, you agree to these Terms of Use. If you seek content and engagement with artists on the Bonsai Platform, you are a user (a “User”). If you provide engagement and content on the Bonsai Platform, you are an artist (a “Artist”). Both Users and Artists agree to these Terms of Use.
1. Description of Service
The Company provides a platform that allows Users to engage (the “Services”) with Artist, including for purposes of requesting and facilitating the creation of collectable audio and digital artwork (a “Bonsai”). A Bonsai may include Artist responses to User requests and questions, or other similar dialog. A Bonsai may be in any medium, including digital audio recordings with customized digital displays. The Services and a Bonsai may be transmitted and utilized on social media platforms (the “Social Media Platforms”), including Instagram, Discord, Reddit, YouTube, Snapchat, Facebook and other similar platforms.
The Services will allow: (i) a User to make a request of an Artist over a Social Media Platform, (ii) the Artist to create a Bonsai in response to such request, (iii) the Artist to transfer the Bonsai to the User, and (iv) the User and the Company to broadly share the Bonsai on the Social Media Platforms, including public postings and similar.
2. User Payments
Users agree to pay the fee, if any, (the “User Fee”) established on the Bonsai Platform upon completion and transmittal of a Bonsai. The User Fee may be zero. Users also agree to pay any applicable service, transaction, or processing fees. Transactions are settled in U.S. dollars (“USD”). Users will be responsible for payment of any fees or expenses imposed by a payment card provider or the payment processor to settle the transaction in USD.
Users requesting a Bonsai may be required to use a valid payment card through a third-party payment provider. Users must provide the third-party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). Users acknowledge and agree that the Company does not operate, own, or control the payment provider and the use of a payment card is governed by the applicable terms of use and privacy policy of the payment provider, not these Terms of Use.
Users may not return or exchange a Bonsai, no refunds will be issued, and all sales are final. The Company retains the sole discretion to determine how billing disputes are resolved.
3. Artist Payments
Artists may receive an agreed upon portion of the User Fee, if any, as provided on the Bonsai Platform.
If requested by the Company, Artists agree to register with a third party payment provider selected by the Company, which the Company may change in its sole discretion. Artists may not use a payment provider other than the one selected by the Company. Artists will provide the payment provider any information required in order to receive payments via the payment provider. Any payments due to Artists from the Company will be made via the payment provider in a commercially reasonable manner.
Artists acknowledge and agree that the Company does not operate, own, or control the payment provider. Artists use of any payment provider is subject to the terms of use and privacy policy of that payment provider, not these Terms of Use. Artists agree that the Company is not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or Artist’s failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment.
Sales tax, if any, that the Company collects will be remitted to the applicable tax authority.
The Company retains the sole discretion to determine how billing disputes are resolved.
4. Intellectual Property Licensing
No ownership of any intellectual property is transferred on the Bonsai Platform. When an Artist creates a Bonsai for a User, Artist grants User and the Company a perpetual, fully paid, royalty-free, non-exclusive worldwide license (the “License”) to use and commercialize the Bonsai in any way, including posting the Bonsai on Social Media Platforms and using the Bosai to promote the Company. If an Artist creates a Bonsai that contains any third party intellectual property, it represents that it has the rights to use the intellectual property in the Bonsai and grants User and the Company a perpetual, fully paid, royalty-free, non-exclusive worldwide sub-license (the “Sub-License”) to use and commercialize the Bonsai in any way. The License and the Sub-License shall collectively be known as the “Bonsai License.”