Your trust in Fracture is very important to us. We want you to know we're doing everything we can to keep your images, private information and experience safe and secure. We're also constantly working to make sure our service and privacy policies are as current and relevant as possible, so you can focus on the good stuff - printing and sharing your favorite images.
CEO, Fracture, Inc.
Fracture's Terms of ServiceLast Updated 12/4/12
Welcome to Fracture, a printing service, online store, and website (the “Site”) (collectively, the “Service”) that is most excellent. We create and produce Fractures from your photos and images – a Fracture is a printed glass photoproduct with frame in a single piece. Fractures can be mounted directly to your wall or stand-mounted for your desk or table top. Fractureme.com is owned, operated ,and provided by Fracture Inc. ("We," "Us," or "Fracture").
We aspire to do the right, ethical and legal thing in bringing you this site, and we ask that you use the same judgment as you read, link to, or use our site and the content hosted on Fracture. Users of the site must act ethically and not engage in any activity that Fracture, in its sole discretion, deems to be gaming or otherwise abusing the site. Fracture reserves the right to terminate the account of any member for any reason whatsoever. You can reach us at support [ at ] FractureMe [ dot ] com
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
If you are an Artist offering your Images through the Fracture Marketplace, you understand that you are bound by these Terms of Service, including any additional obligations or rights as set forth below in the section entitled FRACTURE MARKETPLACE.
2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED
You must be thirteen or older to register as a member of Fracture. Use of the Service is void where prohibited. By using this Site, and/or by creation of a Fracture account, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by these Terms of Service.
3. MODIFICATIONS TO TERMS AND CONDITIONS
Fracture may change the Terms of Service from time to time and at any time, and without actual notice to you. All such changes to these Terms of Service will be posted on the Site and Service. By using the Site or Service after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms of Service or any modifications to these Terms of Service, you must stop using the Site and Service. Continuing use of the Service shall constitute your acceptance of the then current version of these Terms of Service.
As part of the account setup and registration process, you may be asked to select a username/email and password. We may refuse to grant you an account for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us promptly of any unauthorized use or disclosure of your password, username or account.
6. DESCRIPTION OF SERVICE
The primary value of the Service is the ability for users and potential purchasers ("Users") to order the creation of Fractures that display images, photos, graphics or other content (“Images”) they upload [or purchase through the Fracture Marketplace]. The Fracture process is totally digital and completed by means of computer interaction alone between the Users and the Service. You agree that no Fracture employee, employer, officer, owner, agent or authorized representative is responsible for monitoring any Images, whether uploaded by you or any other user of the Service, neither while on the website, nor after purchase and during the production process. You agree that any orders you submit and your Images will not be checked for content, size, orientation, mounting option, border selection, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the editor on the Service. You shall be solely responsible for checking your order and submitted or purchased Images during the purchasing process for layout and content and agree that you have done so.
"Realm of Control" refers to any part of an Image that is editable by the User. Including but not limited to: color, size, border selection, orientation, mounting option, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While Fracture shall have no obligation to review the content of your order or any Image, it reserves the right to do so and you are bound by the restrictions as laid out in these Terms of Service. Should it come to the attention of Fracture that you have violated the Terms of Service, you agree that Fracture may send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned within 90 days of your receipt of notice of cancellation.
7. USER CONDUCT
Content. You are solely responsible for all Images and any other data, text, software, audio, video, files or other materials (“User Content”) which is transmitted, uploaded, posted, or distributed by you through the Service. You warrant and represent that you own all right, title and interest, or have sufficient permissions, to that Image or User Content and any likenesses contained in that Image or User Content. You agree to not post, upload or request Fractures based on any Images to which you do not have the rights or permission. You agree that the Images or User Content that you may provide, upload or post to the Service does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any federal, state or local law, rule or regulation. Our production of a Fracture based on any Image provided by you or any other user, including inclusion of any Image in the Fracture Marketplace, does not indicate that Fracture accepts, approves or endorses the Image or that the Image is in compliance with any applicable laws or these Terms or Service or otherwise absolve you of any liability or harm arising from use of such Image.
Fracture does not own or control the Images or other User Content posted by Users via the Service, including without limitation, Images offered through the Fracture Marketplace and, does not guarantee the accuracy, integrity or quality of such Images or User Content. You may be exposed to Images or User Content posted by other Users and Artists that may be offensive, indecent or objectionable or otherwise in violation of our Terms of Service. Fracture has no obligation, but reserves the right, to monitor, flag or remove any Images or User Content it believes in violation of the Terms of Service. Under no circumstances will Fracture be liable in any way for any Image or other User Content posted by you or any User or third party, including, but not limited to, liability for any errors or omissions in any Image or User Content or for any loss or damage of any kind incurred as a result of the use of any Image or User Content posted, viewed, emailed or otherwise transmitted by you via the Service. The Service is not intended as a storage depository for your Images or User Content. You are responsible for retaining copies of your Images and User Content.
User Conduct. By using the Service, you agree that you shall not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) upload, download, post or otherwise transmit, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation, or use any User information obtained through the Service in order to do any of the foregoing; (iii) upload, post or otherwise transmit any code, files or programs that contain any software viruses or is designed or intended to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to collect, obtain or store User information or other materials from the Service to which you do not have permission; (iv) transmit or provide any false or misleading information; (v) disrupt or interfere with the security of or otherwise abuse the Site or the Service or any services, system resources, accounts, servers, databases or networks connected to or accessible through the Service; (vi) disrupt or interfere with any other user’s use of the Service, including by overloading, flooding, spamming, or crashing the Site, Service or underlying systems; or (vii) use the Service in any manner that would violate any applicable law or could expose Fracture, other users or any other person to liability.
Color Matching. Fracture sells its products through the Site and the Images and sample products are viewable by users through computers connected to the Internet. These computers may view Fracture products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform, especially with regards to color. What may look one way on one monitor, will look different on another.
You agree that Fracture does not guarantee that the colors as they appear on your Monitor will look the same as the colors as they appear on the purchased product. Fracture works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users. If you are an Artist, you understand that final Fractures made from your Images may not match your original artwork due to such limitations in technical capabilities.
Quality of Images. Fracture permits users to upload Images onto the Service for use in the fulfillment of your order. You agree that Fracture is not responsible for the quality of the Images you or any other User upload.
You agree that you alone are responsible for making sure that the quality of the Image you are uploading is of high enough quality to be satisfactory to you at the size you select on the product that you are purchasing. We cannot guess what you may have wanted when you chose or uploaded your Image and are not responsible for assessing whether your Image is appropriate or capable of being manufactured at the parameters you have chosen. Images are created and stored in a variety of ways and you agree that Fracture is not responsible for ensuring quality images for any image file format available on the Website.
Production Time. Fracture works hard to ensure that orders will be produced and exit the Fracture facility as soon as possible. Anticipated production times are updated frequently, and listed during the ordering process. Special deadlines (eg: Holidays) are published on our website as soon as they are available. However, we make no guarantees as to any delivery times and will have no liability to you for any delay in shipping your product.
You agree that our production time frame may depend on your response time to our inquiries regarding your order, and your selection of shipping options and providers.
Shipment. Title and risk of loss or damage to your purchased goods shall pass to you at the time Fracture deposits such purchased goods with its designated shipper. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Return And Refund Policy.
a. Happiness Guarantee
You have 60 days after purchase of the product to notify us of any immediate issues with the product, should they arise. You agree to send us a photograph of the product, and provide us with information regarding your issues to support [at] FractureMe [dot] com. We reserve the right to request that your return the product to us and at our discretion; offer a reprint; issue store credit for items not including shipping; take no action; or, on the rare occurrence (in that we have exhausted all possible solutions and cannot find a resolution), offer a refund. You also agree that a shipping fee may be applied to any reprinted orders that do not fall into the categories of shipping damages or Lifetime Warranty.
b. Lifetime Warranty
You agree that Fracture does its best to ensure the products it sells are free from manufacturing defects and as such will be good for the lifetime of the product (estimated at 5 years). If the product fails due to a manufacturing defect during that time, you agree to take a photograph of the failed product and send the photograph or, if requested by us, the original failed product to Fracture.
Upon receipt of the product or the photograph, Fracture, at its sole option, will send a replacement of the product or will issue Fracture credit for the original purchase price paid for the failed or broken product(s). Fracture store credit can be used on the Service or Site for any purchase. Fracture will have no liability for any products which have been misused, mishandled, stored or used in extreme environmental conditions, installed, handled, displayed, or used other than in accordance with instructions provided by Fracture, or intentionally or recklessly damaged by you or any third party.
Fracture does not guarantee or warrant that its products will work for any unintended purpose or in any set of conditions; this also includes coverage of our “transparent” and “no mount” prints as they are technically incomplete products and cannot be used with our approved mounting hardware. You agree that the determination of whether a product(s) failure or breakage is due to a manufacturing defect is within the sole discretion of Fracture.
You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Fracture as to the cause of the failure or breakage.
Please note that Fracture is unable to issue a refund after 90 days of purchase.
Acceptance; Availability of Products; Promotions. All orders are subject to our acceptance. We may refuse to accept any order or any portion of an order in our sole discretion. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service or availability of Images available through the Fracture Marketplace; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Referral codes can only be used by individuals who have not purchased a Fracture before, and is limited to one code per household. Fracture retains the right to deny or refuse any credits redeemed through the use of the referral program, especially in cases where a code has been posted publicly, used unfairly, or is tied to suspicious activity. You agree that Fracture is the sole party responsible in determining the fair use of a referral code, and that you will only use the referral program in the way it was intended to be used.
Not For Resale. The products are provided for your personal, noncommercial use and not for resale without Fracture’s prior written consent.
Changes To Your Order. Fracture provides many opportunities to review, revise and cancel the order process before actually placing your order. Fracture is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products. You agree that Fracture is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A Fracture employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
9. GIFT CERTIFICATES
- Must be used towards eligible products on FractureMe.com.
- Purchases are deducted from Gift Certificate balance. Any unused balance will be place in recipient's gift Certificate account upon redemption.
- If an order exceeds the amount of the Gift Certificate, the remaining balance must be paid with a credit card or other available payment method.
- Fracture may provide Gift Certificate purchases with information about the redemption status of Gift Certificates that they purchase.
- Cannot be used to purchase other Gift Certificates
- Cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account after activation.
- Discounts, special offers, and other codes cannot be applied toward the purchase of a Gift Certificate, unless specifically stated.
c. Risk of Loss:
Risk of Loss and title pass to purchaser upon electronic transmission to purchaser, recipient, or delivery to the carrier, whichever is applicable. Not responsible for certificates that are lost, stolen, destroyed, or used without your permission.
Fracture will have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases on FractureMe.com.
10. INTELLECTUAL PROPERTY RIGHTS
Fracture Intellectual Property. Excluding user-generated Images and User Content, all rights in and to our Fracture products and the Site and Service, including all content, graphics, audio, video, photos, trademarks, service marks, logos and other material on the Site and Service and its underlying software and technology and processes for the creation of Fractures (collectively, “Fracture IP”), are the property of Fracture, and subject to all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets and other intellectual property rights therein. Fracture retains all rights, titles, and interests in and to the Fracture IP. The Fracture trademark and logo is the property of Fracture.
Unless expressly permitted by Fracture, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any part of the Fracture IP, this Service or any Image or User Content which does not belong to you or to which you do not have rights. You may not alter, modify, create derivative works of or attempt to reverse engineer the Service or any of our products. We are concerned about the integrity of our Site and Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or trademark, that has not been expressly authorized by us.
User Images and Content; Limited Licensed to Fracture. Fracture does not claim any permanent ownership of your Images or any other User Content you submit or make available for inclusion on the Service. However, by providing and uploading any Images or other User Content you grant to Fracture a royalty-free, worldwide, transferable limited license to: (i) host, display and organize the Images and User Content for operation and display of the Service; (ii) use, modify, reproduce and distribute your Images as necessary for fulfillment of your order and creation of Fractures based on your Image; and (iii) to reproduce and distribute your Images or images of the final product created from an Image for promotional and marketing purposes of Fracture, including inclusion in Fracture’s portfolio and product gallery. This license includes the Service, Fracture Site and any other sites owned, operated or affiliated with Fracture. Unless you have registered with Fracture to sell your Images on Fractures through the Service as an Artist, we will not resell or license your Images or User Content to any third party for commercial purposes without your consent.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of Your Images and User Content. You acknowledge and agree that the display or inclusion of Your Image or User Content shall be in the sole discretion of Fracture and Your Image or User Content may or may not be included on the Fracture website for any reason or no reason at all.
Upon a request by Fracture, you agree to defend, indemnify and hold Fracture, its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Images, User Content or other materials by you or Users authorized by you or any violation of these Terms of Service by you (including, but not limited to, any claim that any Image provided by you infringes the rights of any third party). Fracture reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Fracture in asserting any available defense.
12. LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the Fracture Site. Linked Sites are not, however, reviewed, controlled, or examined by Fracture. in any way and Fracture is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Fracture’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Fracture be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed, or products or services purchased,-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Fracture reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
13. DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE WEB SITE AND SERVICE AND ALL FRACTURE PRODUCTS ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, FRACTURE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE. See above for our return policies for defective or damaged products.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL FRACTURE, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE OR SERVICE OR THE PRODUCTS, EVEN IF FRACTURE, OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE FRACTURE FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS FRACTURE, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, SERVICE OR ANY PRODUCTS.
IN NO EVENT WILL FRACTURE OR ITS SUBSIDIARIES, AFFILIATES OR PARTNERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY USER FOR AN AGGREGATE AMOUNT IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE FROM WHICH SUCH LIABLITY AROSE. ANY CLAIM OR CAUSE OF ACTION BY YOU MUST BE BROUGHT WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, FRACTURE, INC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15. NON-PRODUCT SUBMISSIONS
When you submit questions, comments, suggestions, ideas, postings, material submitted via web forms, contest entries, survey responses, communications or any other information ("Submissions"), you grant Fracture permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense such Submissions, and to use the Submissions for its product and service development and improvement, all without compensation or attribution to you. You agree that Fracture will have no obligation to keep any Submissions confidential. You will not bring a claim against Fracture based on "moral rights" or the likes arising from Fracture’s use of a Submission.
16. MODIFICATIONS TO SERVICE
Fracture reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or any products offered by Fracture, with or without notice. You agree that Fracture shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any product.
17. COPYRIGHTS AND COPYRIGHT AGENT
Fracture has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the "DMCA").
The address of Fracture's Designated Agent for copyright takedown notices ("Designated Agent") is
112 SW 6th St
Gainesville, FL 32601
Attn: Designated Agent
Email: support [at] FractureMe [dot] com
If you believe that any Images or other User Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location on the Service, with sufficient detail so that Fracture is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Fracture will respond to valid DMCA requests within 30 days. In all cases, if you do not hear a response from us within 30 days of submitting a complaint, please email us again at support (at) FractureMe (dot) com to confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
In an effort to be transparent in removing or restricting access to user-uploaded content, Fracture may make public any DMCA notice received (with personal contact information removed). This may include posting the notice to a public-facing website, among other methods.
After removing access to the material pursuant to a valid DMCA notice, Fracture will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material.
Fracture reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Fracture by providing the following information to the Designated Agent at the address above:
- The specific URLs of material that Fracture has removed or to which Fracture has disabled access.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Alachua County, Florida if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Upon receipt of a valid counter-notification, Fracture will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Fracture does not receive any such notification within ten (10) days, we may, but shall not be required to, restore the material to the Services.
18. APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of Florida excluding its conflicts-of-law rules, shall govern these Terms of Service and your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute with Fracture or relating in any way to your use of the Site and Service shall be in the federal or state courts located in Alachua County, Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving Fracture, or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
We operate the Site and Service from our offices in Gainesville, Florida in the United States. We do not represent that materials on the site are appropriate or available for use outside of the United States. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms of Service shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms of Service are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Service. Fracture may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, or successor thereof or to any third party, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
Either you or Fracture may terminate your access to the Service and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Service will immediately cease. Upon termination, you will have no further access to any information, files, or materials related to your account, including, without limitation, any User Content or uploaded Images. Upon termination, Fracture may delete all information, files, and materials related to your account, including any User Content or Images, and you agree that Fracture shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files, or materials related to your account. In addition, Fracture shall have no obligation whatsoever to make any such information, files, or materials available to you following a termination of your rights of access to your account.