Fractle

Terms of Use

The terms you agree to by using Fractle


By using or accessing the Fractle website or its associated products or services (collectively, "Fractle" or "Website") which is operated by Rekur Limited ("Rekur Limited,", "Rekur", "we", "us", or "our"), you (the "User"), whether or not you are a registered member of Fractle, are agreeing to be bound by these Terms and Conditions of Use ("Terms of Use" or "Agreement"), the Terms and Conditions of Fractle's Privacy Policy, which is published at https://www.fractle.com/privacy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. We reserve the right to revise these Terms of Use without notice at any time by updating this page. Your use or continued use of the Website after we post any changes to these Terms of Use constitutes your agreement to those changes. If you do not agree with these Terms of Use or any future Terms of Use, you are prohibited from using or accessing the Website or to continue to use or access the Website and you should immediately discontinue all use of the Website. It is your responsibility to check this page regularly to determine if there have been changes to these Terms of Use and to review such changes.


Eligibility

By using or accessing Fractle you affirm that you are 18 years of age or you are at least 13 years of age and are an emancipated minor or possess legal parental or guardian consent, and that you are able to agree to, abide by, and comply with these Terms of Use. If you are under 13 years of age or the aforementioned does not apply to you, please immediately discontinue use of and access to Fractle.


Use License

Permission is granted for you to use Fractle as set forth in this Terms of Use. You may temporarily download one copy of the materials on Fractle for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
  3. use the materials in a way that is likely to cause confusion among consumers
  4. attempt to decompile or reverse engineer any Fractle software
  5. remove any copyright or other proprietary notations from the materials
  6. transfer the materials to another person or "mirror" the materials on any other server
  7. use the materials in a way that hurts or damages the reputation of Fractle
  8. use the materials in a way that infringes on the intellectual property rights of Fractle or the owner of the content
  9. collect or collate personally identifiable information including without limitation user names

With the exception of public search engines who may crawl Fractle for the purpose of including it in publically searchable indexes, but not caches or archives, in no circumstances may you use automated tools or other means, including without limitation robots, spiders, crawlers, offline readers, or prefetching tools to request materials, services, or anything else from Fractle servers at a rate that exceeds what a human could reasonably consume during any given duration using a normal online web browser. Furthermore, we reserve the right to revoke this exception either generally or in specific cases.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fractle at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.


Copyright and Intellectual Property

All content on Fractle, including without limitation, text, software, images, files, music, logos, graphics, artwork, trademarks, service marks, slogans, and their compilation is the property of Fractle and its licensors and is protected in New Zealand, the United States, and Internationally under trademark, copyright, and other intellectual property laws. It is provided "as is" for your information and personal use only and may not be used other than as expressly permitted in these Terms of Use without the prior written consent of the respective owners. Third party content is the property of third parties that market or license that content and is used by Fractle subject to license or subject to fair use provisions.

If you are the original creator, copyright owner, or an agent thereof and believe that content has been included on Fractle as the result of a user's submission or otherwise that is in violation of your rights or where you previously permitted its use and have simply changed your mind, please email us at mandelbot@fractle.com and contact us through our contact form, which is published at https://www.fractle.com/contact. with details sufficient for us to identify the content that infringes your rights, details on how we can contact you, and we will delete it. Please note that we may request evidence that you do indeed possess these rights for the content in question.


User Content

Fractle may allow you and other users to submit user content including without limitation videos, images, music, text, messages, and files. By submitting user content you are solely responsible for that user content and the consequences of posting or publishing it and you agree and understand that any user content or other materials that you submit will not be treated as confidential or proprietary. By submitting user content, you affirm, represent, and/or warrant that the content is not abusive, confidential or information you are obligated to keep private, corrupt, defamatory, explicit, obscene, or otherwise unsuitable for persons under 18, harassing, harmful, hateful, illegal, invasive of another person's privacy, libellous, objectionable, principally, overtly, or intrusively used for commercial purposes including without limitation, advertising, to solicit information, or for any other commercial purpose, racially or ethnically offensive, slanderous, threatening, tortuous, unlawful, and that the content does not cause civil liability, contain false reports or complaints, contain misrepresentations, contain viruses, Trojans, corrupted files, or anything similar, impersonate or attempt to impersonate anyone, interfere or attempt to interfere with normal operation of Fractle in any way including without limitation ways that would compromise privacy, safety, or security, encourage illegal or criminal activity, infringe on any third party's rights including without limitation copyright, patent, trademark, trade secret, or any other proprietary right, or is otherwise inappropriate.

After submitting user content to Fractle, you retain all ownership rights in such user content and may continue to exercise those rights in your user content subject to these Terms of Use. By submitting, publishing, or otherwise sending us user content you hereby grant Fractle, its parent Rekur Limited, its successors, any subsidiaries, and any products, or services including without limitation websites controlled by the afformentioned entities ("The Group"), a worldwide, non-exclusive, non-revocable, sub-licensable, fully-paid, royalty free, and transferrable license to use, reproduce, publicly perform, publicly display, prepare derivative works, distribute, and modify, in any media format and through any media channel and you also hereby grant each user of The Group a worldwide, non-exclusive, fully-paid, royalty free license to access your user content through The Group and to use, distribute, display, perform, reproduce, and prepare derivative works as permitted through the functionality of The Group and under these Terms of Use. Furthermore, you accept and agree that any designs, ideas, concepts, methods, plans, procedures, techniques, or other materials that you send to Fractle or any other member of The Group by any means may be used by The Group anywhere, at anytime, and for any reason whatsoever without any payment, compensation, consideration, or attribution to you.

By submitting user content, you affirm, represent, and/or warrant that you own or have all necessary licenses, rights, and permissions to use and authorize Fractle and the other members of The Group to use the user content as detailed by these Terms of Use and that you have written consent, release, and/or permission to use the name, image, or likeness of every identifiable individual in your submission and that you agree and understand that you are solely responsible for paying all royalties, fees, and any other payments necessary for any reason in relation to any of your user content that is displayed, published, or submitted by you to Fractle or the other members of The Group.


Third Party Websites and Content

Fractle contains links to third party websites as well as user content, third party content, and other content that includes without limitation text, videos, images, music, messages, and files that belong to or originate from third parties including without limitation other users ("Uncontrolled Content"). You accept and agree that by using Fractle, you will be exposed to this Uncontrolled Content and that it may originate from third party sources and other users and that Fractle is not responsible for, nor does it review, monitor, or investigate, regardless of whether or not it resides within Fractle, the accuracy, appropriateness, completeness, contents, objectivity, offensiveness, safety, reliability, privacy practices, or the intellectual property rights associated with this Uncontrolled Content and that the opinions expressed in Uncontrolled Content may not reflect the opinions of Fractle, that Fractle does not endorse and has no control over Uncontrolled Content, that Fractle does not necessarily review Uncontrolled Content prior to posting or publishing it on Fractle, and Fractle expressly disclaims any and all liability in connection with Uncontrolled Content and that your use of Uncontrolled Content is entirely at your own risk and that by using Fractle you expressly relieve us from any liability arising from your use of any Uncontrolled Content. Furthermore, you accept and acknowledge that by viewing Uncontrolled Content you may be exposed to objectionable, offensive, indecent, or otherwise disturbing material and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fractle with respect to Uncontrolled Content.


Disclaimers

You agree that your use of Fractle shall be at your sole risk. Fractle is provided on an "as is" and "as available" basis and the materials on Fractle could include technical, typographical, or photographic errors, may not be accurate, complete, or current, and we may make changes to the materials at any time without notice. Fractle does not, however, make any commitment to update the materials. Fractle, Rekur Limited, its owners, officers, directors, employees, and agents make no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We do not warrant or make any representations concerning the accuracy, completeness, likely results, or reliability of the use of the materials on Fractle or otherwise relating to such materials. We do not warrant, endorse, guarantee, or resume responsibility for any of the materials on any sites linked to or linked from this site, any of the materials submitted, owned, or originating from third parties including without limitation users of Fractle, or for any product or service advertised or offered by a third party through Fractle or through a banner or other advertising. Additionally, Fractle is not a party to or responsible in any way for any transactions between you and third party providers of products or services.


Limitations of Liability

In no event, including without limitation negligence, shall Fractle, Rekur Limited, its owners, officers, directors, employees, or agents be liable to you, any third person, or any third party for any damages including without limitation direct, indirect, consequential, exemplary, incidental, special or punitive damages and including without limitation, damages for loss of data or profit, or due to business interruption, resulting from the use or inability to use Fractle or resulting from mistakes, defects, omissions, inaccuracies, file deletions, interruptions, errors, delays or resulting from any personal injury or property damage of any nature whatsoever resulting from your use or inability to use Fractle or resulting from any bugs, viruses, trojan horses, or similar, which may have been received from or through Fractle, whether or not they are caused by events beyond our reasonable control, including without limitation theft, unauthorized access, or acts of god, whether based on warranty, contract, tort, or any other legal theory, and even if Fractle or an authorized representative of Fractle has been notified, orally, in writing, or by any other means, of the possibility of such damage. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use or access to Fractle within the twelve (12) months prior to the accrual of the claim, but in no case will our total liability to you for all damages, losses, and causes of action exceed ten dollars (NZ $10.00). This entire limitation of liability shall apply to the fullest extent permitted by the applicable jurisdiction's law.

Fractle shall use reasonable efforts to protect information submitted by you to Fractle, but you agree that your submission of such information is at your sole risk, and Fractle and Rekur Limited hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

You expressly and specifically acknowledge that Fractle, Rekur Limited, its owners, officers, directors, employees, and agents shall not be liable for any user submissions, user content, or third party content including without limitation text, videos, images, comments, reviews, messages or the defamatory, offensive, or illegal conduct of any third party and that the risk of damage or harm from this rests entirely with you.

If you are located in New Zealand and the Consumer Guarantees Act 1993 applies to your purchase from Fractle, then: (a) if you are acquiring the goods or services for the purposes of a business then you agree that the Consumer Guarantees Act 1993 does not apply; and (b) if you are acquiring the goods or services for non-business purposes then to the extent to which Rekur Limited is entitled to do so, Rekur Limited limits its liability in respect of any claim under the Consumer Guarantees Act 1993 to: in the case of goods, at Rekur Limited's option: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and, in the case of services, at Rekur Limited's option: the supplying of the services again; or the payment of the cost of having the services supplied again. In either case, we do not provide any Express Guarantees as defined in the Act.


Indemnity

You agree to indemnify, defend, and hold harmless Fractle, Rekur Limited, its owners, officers, directors, employees, and agents, from and against any and all losses, liabilities, claims, damages, obligations, costs and expenses, including without limitation attorney's fees, arising from or in connection with your and your dependents use, misuse, or access to Fractle, your and your dependents violation of these Terms of Use, your and your dependents violation of any law or the rights of any third party including without limitation any copyright, property right, or privacy right, or any claim that any of your and your dependents submissions of content or any of your and your dependents actions caused damage to a third party. This obligation of indemnification will survive these Terms of Use and your and your dependents use of Fractle.


Governing Law

You agree and understand that any claim relating to Fractle shall be governed by the laws of New Zealand without regard to its conflict of law provisions and that Fractle shall be deemed solely based in New Zealand and that Fractle shall be deemed a passive website that does not give rise to personal jurisdiction over Fractle, either general or specific, in jurisdictions other than New Zealand.


Other

You understand and agree that you have no ownership rights in any account you may have with Fractle. Fractle may cancel, suspend, or terminate any accounts you have, or restrict access by you to Fractle, and may delete any or all user content associated with your account, at any time, without warning or prior notice, and at our sole discretion, if you are found to be in violation of any of these Terms of Use, the law, or for any other reason whatsoever. Fractle assumes no liability for any content or information that is removed or deleted from Fractle. Additionally, any warning we may give you does not constitute a waiver of our right to suspend, terminate, or otherwise restrict your access, nor does it constitute a waiver of any other rights or provisions under these Terms of Use.

Fractle does not necessarily monitor user actions or any content. If you think that something on Fractle violates these Terms of Use, please contact us through our contact form, which is published at https://www.fractle.com/contact with at least sufficient details to investigate.

If any provision of these Terms of Use is unlawful or unenforceable, that provision is deemed severable from these Terms of Use and the remaining provisions shall remain in full force and effect. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

The waiver of any provision from these Terms of Use shall not be deemed a further or continuing waiver of such provision or any other provision, and Fractle's failure to use any rights or provisions under these Terms of Use does not constitute a waiver of such right or provision.