Welcome to FractalEcho.comFractalEcho License Agreement (Terms of Use)
FractalEcho App and Website (FE) End User License Agreement. This End User License Agreement (“Agreement”) is between you and FE and governs use of this app made available through the Apple App Store, and for the use of the FractalEcho website (FractalEcho.com). By installing the FE App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the FE App.
In order to ensure FE provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.
Parties.
This Agreement is between you and FE only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. FE, not Apple, is solely responsible for the FE App and its content.
Privacy.
FE may collect and use information about your usage of the FE App, including certain types of information from and about your device. FE may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the FE App.
Before continuing using the FE app and website, we advise you to read our privacy policy at ourPrivacyPolicy. It will help you understand our practices regarding privacy and data collection.
Limited License.
FE grants you a limited, non-exclusive, non-transferable, revocable license to use the FE App for your personal, non-commercial purposes. You may only use the FE App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
Age Restrictions.
By using the FE App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the FE App does not violate any applicable law or regulation. Your access to the FE App may be terminated without warning if FE believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the FE App, you agree to be bound by this Agreement in respect to your child's use of the FE App.
Objectionable Content Policy.
Content may not be submitted to FE, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to. (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Warranty.
FE disclaims all warranties about the FE App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, FE, not Apple, shall be solely responsible for such warranty.
Maintenance and Support.
FE does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, FE, not Apple, shall be obligated to furnish any such maintenance or support.
Product Claims.
FE, not Apple, is responsible for addressing any claims by you relating to the FE App or use of it, including, but not limited to. (i) any product liability claim; (ii) any claim that the FE App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
Third Party Intellectual Property Claims.
FE shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the FE App. To the extent FE is required to provide indemnification by applicable law, FE, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the FE App or your use of it infringes any third party intellectual property right.
Applicable law.
By using the FE services, you agree that the laws of the state of California, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between FE and you, or its business partners and associates.
Disputes.
Any dispute related in any way to your use of FE services or purchases shall be arbitrated by state or federal court of California and you consent to exclusive jurisdiction and venue of such courts.
Indemnification.
You agree to indemnify FE and its affiliates and hold FE harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on liability.
FE is not liable for any damages that may occur to you as a result of your misuse of our services. You understand and expressly agree that, to the extent permitted under applicable law, in no event will FE. or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the FE app or service.
Email Communications.
By giving your email address to FE you agree to receive administrative, announcements, newsletters, sales, and marketing emails from FE. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
No Resale Of FE App or Services.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the FE app or website.
FE Reserved Rights.
FE reserves the right to edit, modify, and change this Agreement at any time. This Agreement is an understanding between FE and the user, and this supersedes and replaces all prior agreements regarding the use of FE services.