Terms of Service and Acceptable Use

Last Updated September 12, 2019

These Terms of Service and Acceptable Use (the “Terms”) apply to each customer’s use of all Services and Beta Services offered by Fractal Enterprise, LLC or its affiliates (“Fractal Enterprise” , “Fractal”) as defined in the Master License and Services Agreement (“MLSA”) between the entity or organization you are associated with (your “Organization”) and Fractal. By accessing or using any of Fractal’s products or services you agree to these terms and to the MLSA. In these Terms, the word “Sites” refers to any of Fractal’s websites, software, and the Services and Beta Services offered therein. Fractal Enterprise may change these Terms at any time by posting an updated version of the Terms at https://thefractalforge.com/legal/legal-agreements-and-terms/ and such updates will be effective upon posting. While Fractal will make commercially reasonable efforts to notify you of any updates to these terms, by continuing to use or log in to a Site after these Terms have changed, you automatically accept any revised Terms. If you do not agree to the changes, you should stop using or accessing the Sites.

 

1. YOUR USE OF THE SITES 

You must not use the Sites in a way that violates any laws, infringes Fractal’s or any third party’s intellectual property rights, or interferes with the Sites, their functionality, or any features on the Sites (including any attempt to circumvent any technological measures Fractal Enterprise employs to enforce these Terms or protect its intellectual property). You must not attempt to reverse engineer, decompile, disassemble, or otherwise attempt to access, derive, or modify the source code of the Sites. If Fractal Enterprise, in its sole discretion, determines that you have violated these terms or otherwise acted inappropriately, Fractal Enterprise reserves the right to block, disable, or terminate your account, prohibit you from accessing or using the Sites in part or in whole, or otherwise prohibit or restrict your use of the Sites until the violation has been cured to Fractal’s reasonable satisfaction. You must not use any data, materials, or other intellectual property from the Sites without Fractal’s prior written permission. Please note that by submitting Customer Data, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that Fractal Enterprise or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.

2. VIOLATIONS

If Fractal provides customer or any other representative from your Organization with notice of a violation of these Terms, you and your Organization will have thirty (30) days to cure the violation. If the violation has not been cured within thirty (30) days, it will be considered a material breach of the MLSA subject to the termination provisions therein.

3. CONTENT YOU POST

Fractal Enterprise may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Customer Data,” as defined in the MLSA) on the Sites. You can only post Customer Data if you own all the rights to that content or have a license or permission from the owner of such content. Any Customer Data entering our Sites will be required to have “Privacy Settings” designated. Privacy Settings are to be identified as either Company Confidential (or the like), or as being available for widespread public distribution/use (or the like). If Customer Data is marked as Company Confidential, Fractal Enterprise will treat this Customer Data as Confidential Information as outlined in the MLSA. If Customer Data is marked as available for widespread public distribution/use, Fractal Enterprise will treat this Customer Data as public information and this public information may be published publicly. For more information on how we treat Customer Data, please refer to the MLSA. Customers must not, and must not allow any third‐party to use the Sites to display, store, process, transmit, or permit use of the Sites to display, store, process or transmit (collectively, “submit”) any Customer Data that:

  1. Infringes or misappropriates a third party’s intellectual property or proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, privacy rights, and any other third party rights;
  2. Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted as long as it does not otherwise violate any applicable laws or regulations);
  3. Exploits minors under 18 in any way;
  4. Includes any information or data from minors under the age of 13;
  5. Depicts unlawful acts or extreme violence;
  6. Depicts animal cruelty or extreme violence towards animals;
  7. Promotes fraudulent or dubious business schemes;
  8. Is Hate‐related or violent, and/or material advocating discrimination against any individuals or groups;
  9. Obscene, excessively profane material, or otherwise objectionable material;
  10. Material advocating or advancing criminal hacking, cracking, or phishing;
  11. Material related to illegal drugs or paraphernalia;
  12. Malicious material;
  13. Unlawful software;
  14. Malicious code, such as viruses, worms, time bombs, Trojan horses and other harmful or malicious files, scripts, agents or programs; or
  15. Material that violates, encourages, or furthers conduct that would violate any applicable laws, including any criminal laws, or any third‐party rights, including publicity or privacy rights.

 

4. LICENSES TO OTHER USERS

Subject to your privacy choices, you further grant all users of the Sites permission to view your Customer Data subject to your Privacy Settings. Please note that removed public Customer Data may be cached in search engine indices after removal and that Fractal Enterprise has no control over such caching.

5. CONTENT POSTED BY OTHERS

Fractal Enterprise is not responsible for and does not endorse Customer Data posted by any other person or entity. Accordingly, Fractal Enterprise may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Customer Data posted by another member.

6. PROHIBITED ACTIONS

Customers may not use a Service or Beta Service, nor allow its users or any third‐party to use a Service or Beta Service to:

  1. Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes, but is not limited to:
    1. Sending communications or email in violation of the CAN‐SPAM Act or any other applicable anti-spam law or regulation;
    2. Creating false accounts for the purpose of sending spam;
    3. Data mining or harvesting any web property (including any External‐Facing Service) to find email addresses or other user account information; 
    4. Sending unauthorized mail via open, third‐party servers;
    5. Sending email to users who have requested to be removed from a mailing list;
    6. Selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or
    7. Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
  2. Send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;
  3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  4. Conduct or forward multi‐level marketing, such as pyramid schemes and the like;
  5. Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of the Telephone Consumer Protection Act, the Do‐Not‐Call Implementation Act, or any other applicable law including anti‐spam, telemarketing or telephone consumer protection laws or regulations;
  6. Use the Services and Beta Services in any manner that violates any applicable industry standards, third party policies or requirements that Fractal Enterprise may communicate to its users, including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, the Self‐Regulatory Principles as directed by the Digital Advertising Alliance and the Network Advertising Initiative or any other generally accepted industry associations, carrier guidelines or other industry standards;
  7. Transmit material that may be harmful to minors;
  8. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  9. Impersonate another person, entity or Fractal Enterprise (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any email;
  10. Violate the rights (such as rights of privacy or publicity) of others;
  11. Promote, facilitate or encourage illegal activity;
  12. Interfere with other users’ enjoyment of a service;
  13. Engage in activity in connection with illegal peer‐to‐peer file sharing;
  14. Engage in or promote gambling, or run a gambling operation, outside of what is legally permissible by state or federal law;
  15. “Mine” bitcoins and other cryptocurrencies;
  16. Sell, distribute or export illegal or prescription drugs or other controlled substances or paraphernalia outside of what is legally permissible by state or federal law;
  17. Access (including through any interfaces provided with a service), any Fractal Enterprise Services, Beta Service, or other service or website, in a manner that violates the terms for use of or access to such service or website;
  18. Operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any end-user or third party‐supplied Internet host;
  19. Perform significant load or security testing without first obtaining Fractal’s written consent;
  20. Remove any copyright, trademark or other proprietary rights notices contained in or on the service or reformat or frame any portion of the web pages that are part of the service’s administration display;
  21. Access a third party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User-Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl‐delay directive;
  22. Access or use the Sites in any way that diminishes the functionality or otherwise interferes with any other user’s use of the Sites; 
  23. Use a service in any manner that would disparage Fractal Enterprise; or
  24. Use the Services and Beta Services to communicate with any third party without clearly communicating what the individual is speaking about with the User.

 

7. INTELLECTUAL PROPERTY

If you believe any Customer Data on the Services and Beta Services infringes your copyrights, you may request that you remove the Customer Data from the Services and Beta Services (or disable access to that Customer Data) by following the instructions on this page. You can find our Trademark and Copyright Usage Guidelines on this page and our Permission to Use Trademark and/or Copyrighted Work Form on this page.

8. U.S. DIGITAL MILLENNIUM COPYRIGHT ACT OR SIMILAR STATUTORY OBLIGATIONS

To the extent a customer uses the Services and Beta Services for hosting, advertising, sending electronic messages or for the creation and hosting of, or for posting material on, websites, each customer must (i) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”), (ii) set up a process to expeditiously respond to notices of alleged infringement that comply with the DMCA and to implement a DMCA‐compliant repeat infringers policy, (iii) publicly display a description of its notice and takedown process under the DMCA on its instance of the Services and Beta Services, and (iv) comply with such processes, policy(ies), and description. It is Fractal’s policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. In appropriate circumstances, Fractal Enterprise will terminate the accounts of customers who Fractal Enterprise suspects to be repeatedly or blatantly infringing copyrights. If Fractal Enterprise receives a notice alleging that material on a customer’s instance of a service infringes another party’s intellectual property, Fractal Enterprise may disable or suspend that customer’s instance of the service or remove the allegedly infringing material.

9. SOCIAL NETWORKS

The Services or Beta Services may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites and the services provided through the Services and Beta Services are governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

10. GENERAL

The Sites may contain links to third-party websites. Fractal Enterprise does not control or endorse those websites or any goods or services sold on those websites. Fractal is not responsible for, and shall not be held liable to you, your Organization, or any third party for claims arising out of your use or access of any third-party websites or services. 

Failure to enforce any provision of these Terms shall not constitute a waiver of any of Fractal’s rights under these Terms, the MLSA, or any other rights of Fractal, including but not limited to Fractal’s intellectual property rights. 

These Terms are in addition to the provisions set forth in the MLSA. In the event of a conflict between these terms and the MLSA, the MLSA shall take precedence.