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Fractograf Terms of Use

Last Updated: May 5, 2014

Fractograf LLC and its related entities (hereinafter, as appropriate, “us,” “we” or “our”) provide an interactive platform that facilitates the storage, editing and sharing of Content (as defined herein) in an innovative, dynamic, social and multi-dimensional manner. As used herein, “Content” means any and all text, files, information, images, graphics, audio and video files, profiles, user names, clips, sounds, music works, works of authorship, applications, links and other materials that is made available for display on any of the mobile applications, websites or other products or services we offer (collectively, the “Services”). As used herein “User Content” means Content that you and/or other authorized users of the Services (collectively, “Users” and individually, a “User”) share via the Services. Each of the Services also contains Content owned or licensed by Fractograf (“Fractograf Content”). A User (as applicable, a “Fractografer”) may use the Services to create, store and share an interactive display of Content (a “Fractograf™”). Each Fractograf consists of a cover image (“Cover”) and a collection of smaller images (“Fraxels™”) provided by the Fractografer and/or other permitted Users. The Fractografer shall establish Permission Rights for each of his or her Fractografs as noted below.

As used herein, “you” means any person who registers to create an account to use any of the Services or creates or shares any Content through the Services. By registering to create an account or using the Services, you agree to be bound by these Terms of Use (“Terms”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND YOU SHOULD NOT PROVIDE ANY CONTENT TO US.

WE MAY CHANGE OR MODIFY THESE TERMS AT ANY TIME AND IN OUR SOLE DISCRETION. UNLESS WE MAKE A CHANGE FOR LEGAL OR ADMINISTRATIVE REASONS, WE WILL PROVIDE NOTICE OF SUCH CHANGES, SUCH AS BY SENDING A NOTIFICATION, POSTING A NOTICE ON OUR WEBSITE OR UPDATING THE “LAST UPDATED” DATE ABOVE. YOUR CONTINUED USE OF ANY OF THE SERVICES WILL CONFIRM YOUR ACCEPTANCE OF THE REVISED TERMS. WE ENCOURAGE YOU TO FREQUENTLY REVIEW THE TERMS TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THE AMENDED TERMS, YOU MUST STOP USING THE SERVICES AND DELETE YOUR FRACTOGRAF ACCOUNT.

Please note: There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms.

General Terms:

In addition to the other responsibilities, rules and provisions outlined in these Terms, you represent and agree, by using any of the Services, that you:

  1. Are at least 13 years old;
  2. Will not post violent, discriminatory, unlawful, infringing, hateful, inappropriate, pornographic, or sexually suggestive Content via any of the Services;
  3. Are solely responsible for your use of the Services, for any Content you post to or via the Services, and for any consequences thereof;
  4. Acknowledge that all Content you submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites;
  5. Agree to post via the Services only Content that you are comfortable sharing with others under these Terms and your privacy settings;
  6. Acknowledge we may remove from the Services any Content for any reason whatsoever;
  7. Have granted to us a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display all Content you post on or through the Service, subject to our Privacy Policy and applicable law;
  8. Understand that you are using the Services at your own risk, and we are not responsible for the Content you share through the Services;
  9. Are and at all times shall remain in full compliance with our Community Guidelines;
  10. Confirm that advertising revenue supports some of the Services and advertisers we select may display messages and promotions in combination with or adjacent to your Content. You also agree we may include advertising and promotions in combination with the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. We may provide you with the ability to remove (or “flick out”) certain advertisements but in such event the removed advertisement will be replaced with another advertisement;
  11. Confirm we are not responsible for, and does not endorse any Content posted within any of the Services. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you shall bear sole legal responsibility for that Content;
  12. Shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices of incorporated in or accompanying any Content you or others post to or through any of the Services;
  13. Except as permitted in these Terms, you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Content posted to or through the Services by us;
  14. Confirm your relationship with us is not of a confidential or fiduciary nature or any other type of special relationship, and your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any Content you provide
  15. Confirm possess all rights and licenses needed to post the Content you provide to or via the Services and that the Content you post on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
  16. Confirm you understand that repeated activities of copyright infringement will result your removal from our network;
  17. You shall pay for all required royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and
  18. You have the legal right and capacity to enter into these Terms in your jurisdiction.

Privacy/Security:

  1. You understand the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  2. You agree to let us collect information about your usage of any and all of the Services. For more information about information we collect from you and your device and our privacy and information sharing practices, please review our Privacy Policy.
  3. Except as otherwise described in our Privacy Policy any User Content you submit to any of the Services and all communications between you and us will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of the same.

Account Security:

  1. Except for persons duly authorized to create accounts on behalf of their employers and/or clients, you agree you will not sell, transfer, license or assign or allow others to use your account user name, password, list of followers or any other account registration information or account rights.
  2. All account registration information you provide to us must at all times be true, accurate, current and complete. You agree to update your information as and when necessary for all of your account registration information to be true, accurate, current and complete.
  3. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account. You agree to be held responsible by us and others if you fail to maintain the security of your account.

Fractograf Content:

  1. Fractograf Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Fractograf, Fractograf owns and retains all rights in the Fractograf Content and the Services.
  2. The FRACTOGRAF™ name and logo and related additional marks we own and use in connection with the Services (including, without limitation, FRAXEL™ , FRACTOMANIA™, A FRACTOGRAF IS WORTH A THOUSAND PICTURES™, ORGANIZED CHAOS™, COVER™, A SOCIAL STREAM OF CONSCIOUSNESS™, SWIRL™, SPLASH™, TWINKLE™ AND BEACON™) are exclusively our proprietary marks. They may not be copied, imitated or used, in whole or in part, without our prior written permission, except in accordance with our Brand Guidelines. In addition, all custom graphics, button icons, page headers, and scripts are our exclusive service marks, trademarks and/or trade dress, and such items may not be copied, imitated or used, in whole or in part, without our prior written permission.
  3. You are hereby granted a limited, nonexclusive, non-sub licensable license to access and use the Services and Fractograf Content solely as needed to use the Services in strict accordance with these Terms. This license is revocable at any time for any reason whatsoever. Except as otherwise specifically provided in these Terms, this license does not include any right to:
    1. Distribute, publicly perform or display any Fractograf Content;
    2. Modify or otherwise make any derivative uses of the Services or Fractograf Content, or any portion thereof;
    3. Use any scraping, data mining, robots, or similar data gathering or extraction methods;
    4. Downloading (other than page caching) any portion of the Services, Fractograf Content or any information contained therein;
    5. Accessing the Fractograf API with an unauthorized or third-party account; and
    6. Using any of the Services or Fractograf Content other than for their intended purposes as expressly stated in these Terms.

API:

  1. You must not access our private API by means other than those permitted by Fractograf. Use of Fractograf’s API is subject to our API Terms of Use.

Permissions:

Users will have one of the following sets of permissions relative to any Fractograf:

Permission LevelPermissions
None

Users with this level of permissions may:

  • View the Cover

Users with the level of permissions cannot:

  • Open the Fractograf; or
  • View User Content shared within the Fractograf
View or Viewer

Users with this level of permissions may:

  • Do everything Users with ‘None’ Permissions can do;
  • Open the Fractograf;
  • View Content shared within the Fractograf; and
  • Add the Fractograf to another Fractograf to which the Viewer has at least Add permissions.
Add

Users with this level of permissions may:

  • Do everything Users with ’Viewer’ Permissions can do;
  • Add or remove User Content (Fraxels) from a Fractograf; and
  • Add or edit Fraxel details to Fraxels s/he contributes
Fractografer

Users with this level of permissions may:

  • Do everything Users with ’Add’ Permissions can do;
  • Grant or rescind permissions to Users for ’View’ or ’Add’ permissions; and
  • Modify overall Fractograf details such as title, description, Beacon™, Swirl™, etc.

To support the Fractografer in managing permission rights for each Fractograf, the Services offer the following group designations:

Group Name Description
Just Me
  • This is just the Fractografer
  • The Cover is visible to all Users
Followers
  • Users who have selected to Follow the Fractografer and their Content
  • This group is dynamic and reflects the current state of a User’s Followers
Everyone
  • This group represents every User using our Services

Permissions are set at the Fractograf level. Users who are your Followers have no permissions (neither View nor Add) for your Fractografs unless you specifically grant the Follower group permissions for a specific Fractograf in your role as the Fractografer. As the Fractografer, you may elect to grant permissions to any of the above groups at your discretion. Alternatively, you may elect to grant permissions to individual Users at your discretion by selecting a subset of your Followers. Note that by granting any permission to Everyone, all Users on our Services will have View permission to your Fractograf.

Users only receive information about Fractografs for which they have permissions. Following a User does not in itself grant any particular permissions to a user’s Fractograf. Followers may send messages to people that they follow. A User may send messages to their Followers. At this time, a User cannot prevent any other User from becoming his Follower.

Additionally, the following permission details also apply:

  1. By registering for or using the Services either as a Fractografer and/or contributing content when you have Add permissions, you grant us a royalty-free, perpetual, sub-licensable, irrevocable, and worldwide license to translate, modify, reproduce and publish and otherwise use your shared User Content in connection with the provision of the Services.
  2. You understand that when you share User Content for a Fractograf, you are giving us the license to share such Content as part of the Fractograf with as wide or as narrow of an audience as the Fractografer chooses.
  3. The Fractografer can at any time grant or rescind View or Add permission(s) to or from any other User. No other User can do so.
  4. Fractograf permissions are managed at the individual Fractograf level and neither cascade up or down. A User’s permissions relative to a given Fractograf remain constant no matter where the User encounters the Fractograf.
  5. All Covers are publicly viewable to all Users and all Fraxels shared within a Fractograf are potentially publically viewable.
  6. We reserve the right to add or remove Content from any Fractograf. This license is required for us to provide you with our Services.
  7. When you delete your account, to the extent possible we will stop making your Fractografs available. The User Content you have shared may remain in other Fractografs to which you have contributed. Covers you have created as a Fractografer will remain public. It is not possible to completely delete User Content from our records.

Our Rights and Policies:

We reserve the right to:

  1. Modify or terminate your account and/or your access to the Services for any reason, without notice, at any time, and without liability to you. You do have the ability to terminate your account at any time. If we terminate your access to the Services or you deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Services (e.g. Covers, which are always public, or any of your Content which has been re-shared by others). Upon account termination (either by us or you), all licenses and other rights granted to you in these Terms will immediately cease;
  2. Modify or discontinue, temporarily, or permanently, the Services or any features or portions thereof without prior notice. We will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof. Although it is our intention for the Services to be available as much as possible, there will be occasions when some or all of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment;
  3. Force forfeiture of any user name for any reason;
  4. Remove, edit, block, and/or monitor Content within our discretion. We may continue to store Content that we remove from the Services for reasons including, without limitation, to comply with certain legal obligations;
  5. Integrate paid services, sponsored content, and/or commercial communications as part of the Services; and
  6. Post, disclose or otherwise use feedback, suggestions, ideas or other information or materials regarding us or the Services that you provide, whether by email or otherwise. Any such feedback shall be treated as non-confidential and shall become our sole property. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive any rights you may have to the Feedback (including any copyrights or moral rights). Please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

Your Responsibilities:

In addition to the other responsibilities outlined in these Terms, you are solely responsible for:

  1. Your interaction with other users of the Services, whether online or offline.
  2. All data charges you incur through the use of the Services.
  3. All activities conducted via the Services by a person acting under your user name and password.
  4. Keeping a backup of all your Content. We are not a backup or storage service. We will not be liable to you for any modifications, suspension, or discontinuation of the Services, or the loss of any Content.

External/Third-Party Links:

  1. Throughout your use of the Services, you may encounter links that direct you from the Services, whether they are communications you receive the Services or on the Services themselves. These links may direct you to third party websites or features in images or comments within the Services.
  2. The Services also includes third party Content that we do not control, maintain or endorse. Functionality of the Services may permit interactions with a third party website or features, including applications that connect one of the Services or your profile with a third party web site or feature. For example, you may be provided the ability to share your Content with a third party, which may be publicly posted on the third party’s service or application. Using this functionality usually requires you to login to your account on the third party service and you do so at your own risk.
  3. We do not control any Content on these third party websites or the web sites themselves.
  4. By using the Services, you acknowledge and agree we are in no way responsible or liable for any such third party services or features.
  5. Your correspondence and business dealings with third parties found through the Services are solely between you and the third party.
  6. If you choose to use applications to connect your profile or one of the Services with a third party service (called “Applications”), you are doing so at your sole discretion and risk. These Applications may interact with, connect to or gather and/or pull information from and to your profile. By using such Applications, you acknowledge and agree to the following:
    1. If you use an Application to share information, you are consenting to information about your profile being shared;
    2. Your use of the Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and
    3. Your use of an Application is at your own risk and option, and you will hold us harmless for activity related to the Application.

Prohibited Activities:

In addition to the other restrictions outlined in these Terms, you agree that you will not:

  1. Create an account for anyone other than yourself or a business that has expressly authorized you in writing to create an account on its behalf;
  2. Solicit, collect or use the login credentials of other users of the Services;
  3. Engage in harassing, intimidating/threatening, predatory, abusive or stalking conduct;
  4. Impersonate another person, user or entity;
  5. Post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security information or alternate national identity numbers, non-public phone numbers or non-public email addresses;
  6. Use any of the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your Content, including but not limited to, copyright laws, patent laws, trademark laws, trade secrets and all applicable intellectual property rights of third parties;
  7. Change modify, adapt or alter any of the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or us;
  8. Send, create or submit unwanted emails, comments, likes or other forms of commercial or harassing communications (known as “spam”) to any users of the Services;
  9. Use domain names or web URLs in your username without prior written consent from us;
  10. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  11. Interfere or disrupt the Services or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. Specifically, you shall not inject content or code or otherwise alter or interfere with the way any page on our website is rendered or displayed in a user’s browser or device;
  12. Access the Services, create accounts or extract data using unauthorized means, including by not limited to, by using a robot, spider, crawler, scraper or other automated means or interface not provided by us;
  13. Use the Services in any manner that attempts to restrict another user from using or enjoying the Services or otherwise encourage or facilitate violations of these Terms or any other applicable terms of use we adopt;
  14. Compromise the security of the Services or user information;
  15. Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
  16. Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
  17. Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any product, services, brand or entity without our express written consent to do so; or
  18. Develop any third-party applications that interact with Content or the Services without our prior written consent.

DISCLAIMERS; LIABILITY LIMITS:

NO WARRANTIES: YOU AGREE YOUR USE OF AND ACCESS TO ALL OR ANY PART OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTWITHSTANDING ANYTHING CONTRARY HEREIN, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR USE OF THE SERVICES OR THAT YOUR USE WILL BE ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY ASPECT AND/OR USE OF THE SERVICES. WE ARE NOT LIABLE IF IT IS UNABLE TO PROVIDE THE SERVICES (OR ANY PART THEREOF), INCLUDING WITHOUT LIMITATION DUE TO, DIRECTLY OR INDIRECTLY: (a) THE FAILURE OF ANY MERCHANT TO SATISFY ANY COMPLAINTS, AGREE TO ACCEPT RETURN OF ANY GOODS, REFUND ANY AMOUNTS PAID OR OTHERWISE COMPLY WITH THESE TERMS, (b) THE FAILURE OF ANY PART OF THE SERVICES, ANY WIRELESS CARRIER, TELECOMMUNICATIONS OR ELECTRICAL FAILURE, (c) ANY INDUSTRIAL OR LABOR DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND FRACTOGRAF’S REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS REGARDING THE PERIOD OF TIME WITHIN WHICH WE WILL BE ABLE TO PRESERVE YOUR CONTENT.

IN NO EVENT SHALL ANY OF THE FRACTOGRAF PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OR GOODWILL OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET FORTH IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, DAMAGES FOR, ARISING OUT, OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, ANY BREACH OF THESE TERMS OR ANY CLAIM BY YOU OR ANY THIRD PARTY. IN ANY CASE, OUR SOLE LIABILITY TO YOU IS LIMITED TO THE LESSER OF ANY FEES ACTUALLY RECEIVED FROM YOU BY US DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR $5.00. THE PROVISIONS HEREOF ALLOCATE THE RISKS BETWEEN US AND YOU. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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/DISCLAIMERS MAY NOT APPLY TO YOU.

ALL CONTENT POSTED ON ANY OF THE SERVICES IS PROTECTED BY COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY LAWS. YOU MUST ABIDE BY ALL COPYRIGHT NOTICES, TRADEMARK RULES, INFORMATION, AND RESTRICTIONS CONTAINED IN ANY CONTENT YOU ACCESS THROUGH THE SERVICES. ANY USER CONTENT POSTED OR TRANSMITTED THROUGH THE SERVICES IS THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. YOU ACCESS ALL SUCH CONTENT AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THAT INFORMATION OR CONTENT OR FOR ANY DAMAGES OR LOSS YOU MIGHT SUFFER IN CONNECTION WITH IT. WE CANNOT CONTROL AND HAVE NO DUTY TO TAKE ANY ACTION REGARDING HOW YOU MAY INTERPRET AND USE THE CONTENT OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT, AND YOU HEREBY RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE CAN’T GUARANTEE THE IDENTITY OF ANY USERS WITH WHOM YOU INTERACT IN USING THE SERVICES AND ARE NOT RESPONSIBLE FOR WHICH USERS GAIN ACCESS TO THE SERVICES. YOU ARE RESPONSIBLE FOR ALL CONTENT YOU CONTRIBUTE, IN ANY MANNER, TO THE SERVICES, AND YOU REPRESENT AND WARRANT YOU HAVE ALL RIGHTS NECESSARY TO DO SO, IN THE MANNER IN WHICH YOU CONTRIBUTE IT. IF THERE IS A DISPUTE BETWEEN ANY USERS REGARDING ANY OF THE SERVICES, OR BETWEEN USERS AND ANY THIRD PARTY, YOU AGREE WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IF YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS, YOU RELEASE US AND OUR OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICES.

Indemnity:

You agree to indemnify us and hold harmless our company and its officers, directors, suppliers, service providers, agents and employees and those of our respective affiliates (collectively, the “Fractograf Parties”) from any loss, liability, damages, fees, costs, claims, penalties or demands including reasonable fees of attorneys and other professionals, and any interest thereon, whether or not brought to suit, due to, arising out of or related to your use of the Services. Your indemnification of Fractograf Parties includes, without limitation, third party claims of any nature or sort, any infringement, injury, damage, loss or harm (whether to you or any third party) arising out of or related to your use of the Services and/or your breach of these Terms.

Dispute Resolution:

Any claim between you and any participating merchant shall be handled directly by the applicable merchant in accordance with its policies. Any claim between you and us arising out of or related to these Terms and/or the Services shall be resolved exclusively within the federal and state courts located in Baltimore, Maryland, U.S.A and you waive any jurisdictional venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek equitable relief in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of its intellectual property rights. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE RELATING TO US, THE SERVICES AND/OR THESE TERMS.

Notices and Procedures for Copyright Infringement Claims:

We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that your work as displayed on the Services has been copied in any way that constitutes copyright infringement, please notify us in writing at the address shown below. Your written notice should include: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable us to locate the material on our website(s); (iv) your name, address, telephone number, email address and all other information reasonably sufficient to enable us to contact you; (v) a statement by you that you have a good faith belief that use of the material as described by you is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of notices complying with the DMCA, we will act to remove or disable access to any infringing material and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. Notices of copyright infringement should be directed to:

By app: Flag the content, report infringement, and complete our webform
By web: https://www.fractograf.com/dmca
By email: legal@fractograf.com
(Please include “Notice of Infringement” in subject line.)
By mail: Fractograf LLC
8161 Maple Lawn Boulevard
Suite 320 Maple Lawn, MD 20759
Attn: Legal Department

Submissions via our app and webform are strongly preferred.

THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Miscellaneous:

You may not assign your rights or obligations hereunder without our prior written consent. These Terms (including all other documents referenced herein) represent the entire agreement between you and us, which may only be amended as described herein. If any part of these Terms are found invalid, the balance of these Terms shall remain enforceable; provided however that the Services shall not be offered where prohibited by law. The provisions addressing our proprietary rights, disclaimers and limitations of liability, indemnity and this Miscellaneous Section shall survive expiration or termination of your Account. The failure to enforce any of these Terms on any occasion shall not prevent enforcement on any other occasion or the enforcement of any other Term hereof. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.

Contact Us:

If you have any questions about us or any of the Services, please email us at either support@fractograf.com (for service-related inquiries) or legal@fractograf.com (for legal or compliance-related inquiries).

Copyright ©2014 Fractograf LLC. All rights reserved