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.
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 firstname.lastname@example.org 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.
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.
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.
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.
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.
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.