This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: April 30, 2011.

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with FrackTrack. By using or accessing FrackTrack, you agree to this Statement.

  1. Privacy

    Your privacy is very important to us. We designed our     Privacy Policy to make important disclosures about how you can use FrackTrack to share with others and how we collect and can use your content and information. Any information you provide will not be shared, sold or transfered to anyone. We're building geo-social policy tools for Pennsylvania. The only way to do this is by verifying that our users are from within the Commonwealth so our site is comprised of legitmate Pennsylvanian users.
  2. Sharing Your Content and Information

    You own all of the content and information you post on FrackTrack, In addition:
    1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with FrackTrack ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you publish content or information it means that you are allowing everyone on FrackTrack, to access and use that information, and to associate it with you (i.e. your username in messages or event posts).
    4. We always appreciate your feedback or other suggestions about FrackTrack, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  3. Safety

    We do our best to keep FrackTrack safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
    1. You will not send or otherwise post unauthorized commercial communications (such as spam) on FrackTrack.
    2. You will not collect users' content or information, or otherwise access FrackTrack, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on FrackTrack.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on FrackTrack without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our guidelines and all applicable laws.
    9. You will not use FrackTrack to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working of FrackTrack, such as a denial of service attack.
    11. You will not facilitate or encourage any violations of this Statement.
  4. Registration and Account Security

    FrackTrack users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on FrackTrack, or create an account for anyone other than yourself without permission.
    2. You will not create more than one personal profile.
    3. If we disable your account, you will not create another one without our permission.
    4. You will not use your personal profile for your own commercial gain (such as selling your account to an advertiser, corporation or other legal entity).
    5. You will not use FrackTrack if you are under 18.
    6. You will keep your contact information accurate and up-to-date.
    7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    8. You will not transfer your account (including any group you administer) to anyone without first getting our written permission.
    9. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  5. Protecting People's Rights

    We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on FrackTrack that infringes or violates someone else's rights or otherwise violates the law.
    2. We can remove any content or information you post on FrackTrack if we believe that it violates this Statement.
    3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    5. You will not use our copyrights or trademarks (including FrackTrack, the FrackTrack and Logos), or any confusingly similar marks, without our written permission.
    6. You will not post anyone's identification documents or sensitive financial information on FrackTrack.
  6. Special Provisions Applicable to Groups
    If you create or administer a Page on FrackTrack, you agree to our     Group Terms.
  7. Amendments
    1. We can change this Statement by posting the change on the FrackTrack Terms Page.  To get notice of any future changes to this Statement, visit our FrackTrack Terms Page .
    2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
  8. Termination

    If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of FrackTrack to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5 and 8-11.
  9. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or FrackTrack exclusively in a state or federal court located in Luzerne County. The laws of the Commonwealth of Pennsylvania will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Luzerne County, Pennsylvania for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions, content or information on FrackTrack, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP FRACKTRACK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FRACKTRACK "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FRACKTRACK WILL BE SAFE OR SECURE. FRACKTRACK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A PENNSYLVANIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ยง1542, OR ANY OTHER SIMILAR LAWS THAT ARE APPLICABLE TO YOUR AREA OF RESIDENCE, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR FRACKTRACK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR FRACKTRACK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FRACKTRACK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  10. Definitions
    1. By "FrackTrack" we mean the features and services we make available, including through (a) our website at www.FrackTrack.org and any other FrackTrack branded or co-branded websites (including sub-domains, international and mobile versions); (b) our Platform; (c) plugins and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
    2. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from FrackTrack or provide data to us.
    3. By "information" we mean facts and other information about you, including actions you take.
    4. By "content" we mean anything you post on FrackTrack that would not be included in the definition of "information."
    5. By "data" we mean content and information that third parties can retrieve from FrackTrack or provide to FrackTrack through Platform.
    6. By "post" we mean post on FrackTrack or otherwise make available to us (such as by using an application).
    7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
    8. By "active registered user" we mean a user who has logged into FrackTrack at least once in the previous year.
    9. By "application" we mean any application or website that uses or accesses our platform, as well as anything else that receives or has received data from us.  If you no longer access our platform but have not deleted all data from us, the term application will apply until you delete the data.
  11. Other
    1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and FrackTrack.org  References to "us," "we," and "our" mean FrackTrack and FrackTrack.org as appropriate.
    2. This Statement makes up the entire agreement between the parties regarding FrackTrack, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. You will comply with all applicable laws when using or accessing FrackTrack.