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.
Your privacy is very important to us. We designed ourPrivacy
Policyto 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.
Sharing Your Content and Information
You own all of the content and information you post on FrackTrack, In
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.
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
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).
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).
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:
You will not send or
otherwise post unauthorized commercial communications (such as spam) on FrackTrack.
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.
You will not engage
in unlawful multi-level marketing, such as a pyramid scheme, on FrackTrack.
You will not upload
viruses or other malicious code.
You will not solicit
login information or access an account belonging to someone else.
You will not bully,
intimidate, or harass any user.
You will not post
content that: is hateful, threatening, or pornographic; incites violence;
or contains nudity or graphic or gratuitous violence.
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 ourguidelines and all
You will not use FrackTrack
to do anything unlawful, misleading, malicious, or discriminatory.
You will not do
anything that could disable, overburden, or impair the proper working of FrackTrack,
such as a denial of service attack.
You will not
facilitate or encourage any violations of this Statement.
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:
You will not provide
any false personal information on FrackTrack, or create an account for
anyone other than yourself without permission.
You will not create
more than one personal profile.
If we disable your
account, you will not create another one without our permission.
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).
You will not use FrackTrack
if you are under 18.
You will keep your
contact information accurate and up-to-date.
You will not share
your password, let anyone else access your account, or do anything else that might
jeopardize the security of your account.
You will not
transfer your account (including any group you administer)
to anyone without first getting our written permission.
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).
Protecting People's Rights
We respect other people's rights, and expect you to do the same.
You will not post
content or take any action on FrackTrack that infringes or violates
someone else's rights or otherwise violates the law.
We can remove any
content or information you post on FrackTrack if we believe that it
violates this Statement.
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.
If you repeatedly
infringe other people's intellectual property rights, we will disable
your account when appropriate.
You will not use our
copyrights or trademarks (including FrackTrack, the FrackTrack and
Logos), or any confusingly similar marks, without our written permission.
You will not post
anyone's identification documents or sensitive financial information on FrackTrack.
Special Provisions Applicable to Groups
If you create or administer a Page on FrackTrack, you agree to ourGroup Terms.
We can make changes
for legal or administrative reasons, or to correct an inaccurate
statement, upon notice without opportunity to comment.
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.
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.
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.
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 §1542,
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.
we mean the features and services we make available, including through
(a) our website atwww.FrackTrack.organd 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.
"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.
"information" we mean facts and other information about you,
including actions you take.
"content" we mean anything you post on FrackTrack that would
not be included in the definition of "information."
we mean content and information that third parties can retrieve from FrackTrack
or provide to FrackTrack through Platform.
we mean post on FrackTrack or otherwise make available to us (such as by
using an application).
we mean use, copy, publicly perform or display, distribute, modify,
translate, and create derivative works of.
registered user" we mean a user who has logged into FrackTrack at least
once in the previous year.
"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.
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
This Statement makes
up the entire agreement between the parties regarding FrackTrack, and
supersedes any prior agreements.
If any portion of
this Statement is found to be unenforceable, the remaining portion will
remain in full force and effect.
If we fail to
enforce any of this Statement, it will not be considered a waiver.
Any amendment to or
waiver of this Statement must be made in writing and signed by us.
You will not
transfer any of your rights or obligations under this Statement to anyone
else without our consent.
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.
Nothing in this
Statement shall prevent us from complying with the law.
This Statement does
not confer any third party beneficiary rights.
You will comply with
all applicable laws when using or accessing FrackTrack.