Fracture Photo End User License Agreement
This End User License Agreement terms and conditions (“Terms”) govern download and use of this mobile application. Please read this End User License
Agreement terms and conditions carefully.
The following paragraphs set forth the terms and conditions (“Terms”) under which Quirky Ideas, LLC d/b/a Fractured Photo (“us,” “we,” “our”) offers you
the right to download and use the Fractured Photo application (“Application”). By downloading or using the Application, you agree to these Terms and
certify that you are at least 13 years old or older. If you do not agree to these Terms, or you are not at least 13 years old, you may not download or use
the Application. These Terms constitute an agreement strictly between us and you, and you acknowledge that you rather than Fractured Photo is
responsible for any claim or liability arising from your use of the Application.
1. Ownership, License and Restrictions
The Application is licensed, not sold, to you. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this
Application belong to Fractured Photo or our licensors.
We grant you a nontransferable, revocable, limited license to use one copy of this Application on a mobile device that you personally own or control. You
may not install or use a copy of the Application on a device you do not own or control. You may not distribute or make the Application available over a
network where it could be used by multiple devices at the same time. The Application is only for your personal use. You may not sell, rent, lend, lease,
redistribute, or sublicense the Application or work around any technical limitations in the Application. You may not copy, reverse engineer, decompile,
disassemble, modify, create derivative works or otherwise attempt to derive the source code of this Application. This Application and its content are
protected by copyright under both United States and foreign laws. Any use of the Application and its content not explicitly permitted by these Terms is a
breach of this agreement and may violate the law. If you violate these Terms, your permission to use this Application automatically terminates and you
must immediately cease using the Application and destroy all copies, full or partial, of the Application.
You shall not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content
on or using the service. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign
your account, followers, username, or any account rights.
You shall not post private or confidential information via the service, including your or any other person's credit card information, social security or identity
numbers, non-public phone numbers or non-public email addresses.
As a condition of your use of the Application as a User or member, you promise you shall not use the Application or its communications services to offer,
sell or distribute any product, good or service.
You shall not use the Application or its services to engage in, or assist others to engage in, any of the following:
• Sublicense to, transfer, network, transmit, distribute, reproduce, republish, modify, create derivative works of, or permit use of the Application by any
• Reverse engineer, decompile, or disassemble any aspect of the Application or set up competing networks such as shadow servers, or pirate
• Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s
privacy, hateful, or racially, ethnically or otherwise objectionable;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other Users;
• Transmit or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Transmit any software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
• Monitor traffic or make search requests in order to accumulate information about individual Users;
• Stalk or otherwise harass another person;
• Modify, delete or damage any information contained on the personal computer of any other User;
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” or any other form of solicitation;
• Promote terrorism, abuse, libel, hate, personal injury, property damage, violence, or intolerance;
• Defame any person;
• Operate a betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance;
• To collect information about others (such as e-mail addresses or other personally identifiable information) without their consent;
• To upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs
that impair the use of any computer software or hardware or telecommunications equipment;
• Send SPAM or use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the
Application in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a
conventional on-line web browser;
• Attempt to interfere with, compromise the system integrity or security of our Application Impersonate another person or otherwise misrepresent your
affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
• Make any false or misleading claim or representation.
USER CONTENT – USERS’ POSTS & COMMUNICATIONS
You are solely responsible for the content you post via the Application including but not limited to photos, text, videos, graphics, and personal information.
You are solely responsible for the content of your communications with other Users. Fractured Photo does not take any responsibility for the accuracy of
any information, ideas or opinions posted by Users. By posting any information or other content on the Application, you have authorized Fractured Photo
to publish such materials in any manner desired without any obligation to compensate you or anyone else. Users use the Application entirely at their own
Fractured Photo does not monitor posts or comments, and we do not investigate, approve, or endorse any healthcare provider, or any posts or comments
by Users. You may be exposed to content that may be inaccurate, offensive, indecent, or objectionable. We are not liable for any damages or losses
resulting from such user content. You will provide us with your email address when you become a registered User. By doing so, you consent to our using
the email address to send you any notices required by law, in lieu of communication by mail, along with other messages.
If you become a registered User, you understand and agree that your use or reliance on any information from other Users on the site is solely at your own
risk. Fractured Photo does not verify, endorse or control any of the information provided by Users.
Fractured Photo and third parties acting on our behalf may send you e-mail notifications to provide important information. You may opt out from receiving
e-mails by selecting the “opt out” feature in each e-mail. However, even if you opt out you agree that you will still be held responsible for the information
contained in these e-mails.
The Application may change, or information or services available on the site may be discontinued, at any time, and without notice. Information on the
Application may be out of date, and Fractured Photo makes no commitment to update this information.
Fractured Photo may, but is not obligated to, delete any content that we, in our sole discretion, believe violates the terms of the these Terms or which may
be illegal or offensive, or which poses a threat to the rights or safety of other Users. Prohibited content and communications includes anything that:
• Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
• Interferes with another user’s rights to privacy;
• Displays sexually explicit material of any kind;
• Encourages criminal conduct, gives rise to civil liability or violates any law or regulation;
• Contains any personally identifiable information about another use without that person’s express consent;
• Uses false or misleading e-mail addresses or impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or
• Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
• Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
• Advertises or sells any goods or services not authorized by the Application.
Fractured Photo has the right, but not the obligation, to monitor User content on the Application to determine compliance with these Terms. Fractured
Photo shall have the right in its sole discretion to edit, refuse to post or remove any User content. Fractured Photo shall not be liable for any loss or
damage of any kind caused by reliance on information obtained through the Application. We reserve the right at all times to disclose any information we
believe necessary to satisfy any law, regulation or governmental request.
Fractured Photo is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves
its rights to not be treated as the publisher or speaker of any information provided by another information content provider on the Application.
Each User represents and warrants that (1) the User is the owner of (or has all the necessary rights and permissions required to use) all intellectual
property in the content you post or upload and have the written consent of each and every identifiable natural person in the content to use such person's
name or likeness in the manner contemplated., and (2) the User content, and use of the User content on the Application will not infringe any intellectual
property rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate these Terms.
may be amended from time to time without notice to you.
4. Export Restrictions
The Application may be subject to United States export laws and regulations. You will not use or otherwise export the Application except as authorized by
United States law and the laws of the jurisdiction in which the Application was obtained.
5. Disclaimer of Warranty
Any use of the Application for its intended purpose shall be at your sole risk. This Application and the information you access through the Application is
provided on an “AS IS", "WITH ALL FAULTS" and “AS AVAILABLE" basis and without warranty, express or implied to the fullest extent permissible
pursuant to applicable law.
Fractured Photo and wireless carriers over whose network the Application is distributed and each of our respective affiliates and suppliers ("Distributors")
give no express warranties, guarantees, or conditions under or in relation to the Application. Distributors disclaim all express or implied warranties related
to the Application including, but not limited to, implied warranties for or punitive damages whatsoever, including, without limitation, loss of profits, loss of
data, business interruption or any other personal injury or commercial damages or losses arising out of or that result from the use of, or the inability to
use, the Application, regardless of the theory of liability (contract, tort, strict liability, negligence, guarantee or condition, or otherwise) even if advised of
the possibility of such damages or repair or replacement of the Application does not fully compensate you for any losses.
6. Maintenance and Support Services
Any maintenance and support services made available by Fractured Photo are at the discretion of Fractured Photo which may initiate or cease providing
maintenance and support services at any time without notice to you. You acknowledge that Apple and your wireless carrier are not responsible for
providing maintenance and support services for the Application.
7. Location Data
Fractured Photo, Distributors or other providers or their partners may collect, maintain, process, and use your location data, including the real-time
geographic location of your mobile device as necessary to provide the Application's full functionality. By using or activating any location-based services
on your mobile device, you agree and consent to Fractured Photo's, and such parties' collection, maintenance, publishing, processing and use of your
location data to provide you with such services. Fractured Photo does not collect location data in a form that personally identifies you. You may withdraw
this consent at any time by turning off the location based feature on your mobile device or by not using any location-based features. Location data may
not be accurate. Neither Fractured Photo, nor such parties guaranty the availability, accuracy, completeness, reliability or timeliness of information or
location displayed by the Application.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof, and believe that any User content hosted on this Application infringes your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.
C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by a single
notification, a representative list of such works from the Application;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the Application to locate the material;
4. Information reasonably sufficient to permit the Application to contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
7. Fractured Photo’s registered copyright agent to receive notifications of claimed infringement is:
Quirky Ideas, LLC
If you fail to comply with all of the requirements of this section your DMCA notice may not be valid.
9. Choice of Laws, Jurisdiction, Dispute Resolution and Entire Agreement
By downloading or using the Application, you expressly agree that these Terms shall be governed by and construed in accordance with the laws of the
State of Colorado, without giving effect to its conflict of laws provisions or your actual state or country of residence. You further expressly agree that
exclusive jurisdiction for any dispute with Fractured Photo in any way relating to your use of this Application is in the federal or district courts of the State
of Colorado, Denver County, and you agree and expressly consent to the exercise of personal jurisdiction in state or federal court in the State of
Colorado, Denver County in connection with any such dispute including any claim involving Fractured Photo or its affiliates or content providers.
Any and all disputes, controversies, claims and conflicts arising out of or in connection with these Terms or its performance, including disputes on its
validity, conclusion, binding effect, breach, nature, amendment, expiration and termination, or use or performance of the Application shall be resolved
incorporated into these Terms and available at the Fractured Photo website.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the
subject matter herein. As a user of the Application, you agree to contact us prior to seeking legal recourse for any harm you believe you have suffered
from your use of the Application. In the event that you believe our Application has harmed you, you agree to inform us and to give us thirty (30) days to
cure the harm before initiating any action. You also agree that you must initiate any cause of action within one (1) year after the claim has arisen, or you
will be barred from pursuing any cause of action.
(a) Any and all disputes, controversies, claims and conflicts arising out of or in connection with these Terms or its performance, including disputes on
its validity, conclusion, binding effect, breach, nature, amendment, expiration and termination, shall be resolved through binding arbitration conducted
under the Colorado Uniform Arbitration Act, C.R.S. § 13-22-201, et seq. with a single arbiter, and administered by Judicial Arbitrator Group, Inc., 1601
Blake St, Suite 400, Denver, CO 80202, Tel 303-572-1919, Fax 303-571-1115 (“JAG”) in Denver, Colorado. If JAG is no longer in existence, then ADX
shall nominate a replacement arbitrator group located in Denver, Colorado. The arbitrator shall use his reasonable efforts to schedule and complete the
arbitration within 90 days after the arbitrator is selected, and may participate in any depositions.
(b) The arbitrator shall be selected from JAG’s panel of arbitrators, shall be impartial and independent, and shall be knowledgeable and experienced
in the subject matter of the arbitration. The arbitral proceeding shall accord to each of the parties the right of cross-examination of witnesses, the right to
provide witnesses including expert witnesses, and the right to make both written and oral submissions.
(c) The Users are bound, each to each other, by this arbitration clause. Each User agrees that he or she may be joined as an additional party to an
arbitration involving any other party or parties under these Terms. If more than one arbitration is begun under these Terms and any party thereto
contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator(s) selected in the
first-filed of such proceedings shall determine whether, in the interests justice and efficiency, the proceedings should be consolidate before that
(d) All costs of arbitration shall, unless the arbitral award provides otherwise, be shared equally by the parties. The arbitrator will have no authority to
award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute; provided, however, that
the arbitrator may award attorneys’ fees and costs.
(e) No party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute arising from or in relation to these
Terms except in connection with the recognition or enforcement of an arbitral award granted pursuant to this clause.
(f) Any arbitration proceeding under these Terms must be commenced no later than one year after the controversy or claim arises. Failure timely to
commence an arbitration proceeding is both an absolute bar to the commencement of arbitration proceedings with respect to the controversy or claim and
a waiver of the controversy or claim.
(g) Relief. Any party is entitled to apply to the arbitrator seeking interim or provisional relief until the arbitration award is rendered or the controversy
is otherwise resolved. The arbitrator has the authority to issue orders granting interim or provisional relief.
You will defend, indemnify and hold Fractured Photo, its officers, directors, employees, agents, licensors, and vendors, harmless from and against any
claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to
result from, your violation of these Terms, whether by act, omission or negligence, including but not limited to any claims involving intellectual property,
marks or copyrights.
We have the right, at any time and without prior written notice, to add to or modify these Terms, by amending the Terms available within the home page or
by requiring you to accept an updated Terms agreement upon accessing the Application. Your access or use of the Application after the date of such
amended Terms constitutes acceptance of such amended Terms.
12. Contact us
For technical questions, call: 720-708-7680 (8:00 AM - 5:00 PM MTN time Monday-Friday)