Fragment Terms & Conditions
You may use our Products only if you can form a binding contract with Fragment, and only in compliance with these Terms and all applicable laws. When you create your Fragment account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
Posting Content To Fragment
Fragment allows you to post your content. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Fragment.
Acceptable Use of Fragment Products
You agree not to post User Content that:
- creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- violates, or encourages any conduct that violates laws or regulations;
- contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
- Use, display, mirror or frame the Service, any individual element within the Service, the Fragment name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
- Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any Fragment system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fragment or any of our providers or any other third party (including another user) to protect the Services or Fragment Content;
- Attempt to access or search the Services, User Content or Fragment Content or scrape or download User Content or Fragment Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fragment or other generally available third party web browsers;
- Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Fragment or Fragment trademark, logo, URL, or product name without Fragment's express written consent;
- Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by Fragment or in any manner not permitted by the Terms;
- Use Fragment user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
Fragment reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that Fragment believes violates this Acceptable Use Policy or its Terms of Service. Fragment may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in Fragment's sole determination, a User violates any provision of this Acceptable Use Policy , our Terms of Service, or for no reason.
By using our Products, You grant Fragment a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Fragment solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Fragment may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Following termination or deactivation of your account, or if you remove any User Content from Fragment, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
Fragment provides a creative and positive place for you and other users to display your work. To keep it that way, you must abide by and comply with our policies, including our Acceptable Use Policy. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission. To third parties: Fragment respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to Fragment does not and will not violate any law or infringe the rights of any third party.
We value hearing from our users, and are always interested in learning about ways we can make Fragment better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Fragment does not waive any rights to use similar or related Feedback previously known to Fragment, or developed by its employees, or obtained from sources other than you.
Fragment has adopted and implemented our Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, Fragment cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a company, organization, or other entity, you are responsible for ensuring that only authorized individuals have access to the account.
Fragment may terminate or suspend this license at any time, with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2, 3(b), and 7-13 of these Terms.
You agree to indemnify and hold harmless Fragment and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
FRAGMENT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Fragment takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRAGMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL FRAGMENT'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNTS PAID BY YOU TO FRAGMENT FOR THE PAST THREE MONTHS FOR THE PRODUCTS.
For any dispute you have with Fragment, you agree to first contact us and attempt to resolve the dispute with us informally. If Fragment has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Fragment agree otherwise, the arbitration will be conducted in the county where Fragment resides. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Fragment will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $1,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FRAGMENT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in King County, Washington or the United States District Court for the King County District of California, for any actions not subject to Section 11 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Notification Procedures and changes to these Terms. Fragment reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fragment without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fragment's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.