FracTracker Terms of Service
Last updated: 4/28/17
The FracTracker Alliance (“FracTracker,” “we,” “us”) operates an interactive online service encompassing a website at FracTracker.org (the “Site”) and a FracTracker mobile application (the “App”), including the features and services available from the Site and the App, such as maps, articles, and statistical reports. The Site and App host maps, data, analyses and user-generated reports about the locations and impacts of gas and oil operations in the United States.
While we offer many of our services for free, please be aware that, particularly in the case of our mobile offerings, rates and fees charged by your carrier, such as data charges, still apply.
Community Guidelines and User Content
Age Restrictions and Interactive Areas. The Site and App are intended only for individuals 13 years of age or older. If you are under 13, you are strictly prohibited from using the Site.
The Site and App may contain comments sections, discussion forums, public user profiles and activity feeds, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as photos, messages, and other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.
By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate on the Site and/or App, and fulfill the obligations set forth in these Terms, which forms a binding contract between you and FracTracker.
Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with the Site and/or App you agree to abide by the following rules of conduct:
- You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- You agree not to upload, post, or otherwise transmit any User Content that you know to be inaccurate or irrelevant to the area in which you are posting;
- You agree not to upload, post or transmit any User Content that violates any law or engage in activity on the Site or App that would constitute a criminal offense or give rise to civil liability;
- You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site;
- You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
- Any additional conduct that in FracTracker’s sole discretion restricts or inhibits anyone else from using or enjoying FracTracker.org will not be permitted.
Any person determined by FracTracker, in its sole discretion, to have violated these Terms (including without limitation, infringing on third parties’ intellectual property or other rights) may be barred from using or submitting or posting any further material on the Site or App.
Any additional conduct that in FracTracker’s sole discretion restricts or inhibits anyone else from using or enjoying FracTracker.org will not be permitted. FracTracker has the right and discretion to screen, edit, refuse to post, or delete any content based on violations of these Community Guidelines or for any other reason.
Location-Based Services. The Site and App may offer features based on the location of users and/or be equipped to report the current locations of users (“Location Based Services”). Use of such Location Based Services is solely at the individual discretion of the individual user either by reporting your location through an interactive feature on our website or enabling Location Based Services to be shared by your cell phone or other portable device. Some services or portions of our services may not be available without authorizing Location Based Services to be shared with the Site or App, and you agree that you have no access to such services without Location Based Services sharing enabled.
By using the Location Based Services and features, you consent to both the collection and transmission of your location information through the site to other users. The Site is not liable for any claim of harm or damages resulting from use of the Location Based Services, used alone or in combination with other personal information, gleaned from your User Content or other sources.
Monitoring. FracTracker is not responsible for User Content submitted to the Site or App or posted in comments sections or on other Interactive Areas by users. FracTracker has the right, but not the obligation, to monitor User Content posted or uploaded to the Site or App to determine compliance with these Terms and any operating rules established by FracTracker and to satisfy any law, regulation, or authorized government request. FracTracker may provide users with social reporting tools on the Site or App in order to facilitate its monitoring of User Content.
Right to Manage User Content. Although FracTracker has no obligation to monitor, screen, edit, or remove any of the User Content posted or uploaded to the Site or App, FracTracker reserves the right to, at our sole discretion, screen, edit, refuse to post, or remove without notice any User Content posted or submitted to the Site or App at any time and for any reason. You are solely responsible for creating backup copies of any User Content posted to the Site or App at your sole cost and expense.
Right to Terminate or Deny Service. You understand that we, at our sole discretion, at any time, and with or without reason, may deny or block access to the Site or App for any user.
Right to Change Site. You understand and agree that we may, at our sole discretion, alter, change, modify, suspend, or cease, in whole or in part, temporarily or permanently, any feature, function, or aspect of the Site and App without notice to you, including, but not limited to, changes to access and usage procedures.
Disclosure by Law. You understand that we have the right to disclose information you provide the Site if required by law, at the request of a third party, or if we, at our sole discretion, believe that disclosure is the appropriate method of dealing with any issue that arises. Such issues may include, but are not limited to, law enforcement requests, court orders, protection of our, or a third party’s, property or rights, or protection of an individual’s health or safety.
Personal Safety. Your safety and security are extremely important to us. The Site and App, through their normal use, promote the exchange of personal information between users. You must always remain aware that some portions of this information are viewable by the public, and as such may be indexed by Internet search engines and used for purposes beyond the knowledge and control of the Site and App. We advise you in the strongest terms to use caution and carefully consider sharing any personally identifiable information with other users.
We cannot and do not assure the safety of contacts made with other users. We do however, encourage you, if you feel at any time that another user is harassing or threatening you, to contact your local authorities and us at firstname.lastname@example.org so we can take the appropriate action to block access to the Site for any user violating our Terms. We reserve the right to release information pertaining to any user or incident to law enforcement for their investigative purposes.
Use of Others’ Information. Just as your safety and enjoyment of the Site and App is critical to us, so is the safety and enjoyment of the other users. So, by agreeing to these Terms, you agree to use any and all information gained through the Site in a lawful and responsible manner. You further agree not to use any information gained about other users, including from their public user profiles or activity feeds, for any reason without the prior express consent of that user(s).
Parental Controls. Pursuant to 47 U.S.C. Section 230 (d) as amended, FracTracker hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the internet (e.g. https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers).
Intellectual Property Rights and Policies
Ownership. We own and retain all intellectual and proprietary rights to the Site and App. The Site and App contain copyrighted materials, trademarked items, and other proprietary information belonging to us, our licensors, and third parties. Only Site and App content within the Public Domain, or for which express permission has been given to you by us or by the third party rightsholder, can be copied, transmitted, published, distributed, or sold.
Use License. Subject to the Terms of this agreement, we grant you a limited, revocable, and non-exclusive right to access the Site and its content, for the limited and sole purpose of facilitating your use of the Site. Without affecting the foregoing, we further grant you an unlimited, revocable, fee and royalty free, non-exclusive licence to use the oil and gas photographs on the Site or App for any non-commercial purpose. Please cite any photos used under this license in the following format:
(Author if one is listed). (Title). (Date Posted). Provided by The FracTracker Alliance on FracTracker.org.
User Content. You understand and agree that, by using the Site and/or App and contributing content to it, you shall and do grant us the world-wide, non-exclusive, irrevocable, fee and royalty free, sub-licensable, and fully transferrable right to use, modify, copy, distribute, display, derive from, publish, and otherwise utilize all such content, including all related intellectual property rights, in any media format, for any purpose including for the Site, App, and any of FracTracker’s other regular activities, and to allow others to do so. Content posted and subsequently removed by you may still be available to FracTracker and your removal of such content does not terminate this license.
Copyright Policy. If you own a copyright and believe that content on the Site and/or App infringes upon that copyright, please submit to our designated agent a notification per the Digital Millennium Copyright Act, providing us with notice of claim of copyright infringement in writing to email@example.com per 17 U.S.C. 512(c)(3), including: the physical or electronic signature of the person authorized to act on behalf of the copyright owner; identification of the copyrighted work or works allegedly infringed; contact information sufficient to allow us to contact you (e.g. mailing address, email address, and telephone number); a statement of your good faith belief that the use of the content in question was done without the authorization of the copyright owner, their agent, or the law; and a statement that all information contained in your notice is accurate under penalty of perjury, and that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
Disclaimers and Limitations
Disclaimer of Representations and Warranties. Neither we nor any of our employees, agents, third-party content providers, or licensors, makes any warranties or representations as to the accuracy or reliability of information, service or merchandise provided through the Site and/or App; nor do we or they make any warranties or representations as to outcomes that may result from use of any aspect of the Site or App; nor do we or they make any warranties or representations that our services will be uninterrupted or error free. You expressly agree to use the Site and App at your sole risk.
The Site and App, including, without limitation, any downloadable software, are provided on an “as is” basis without warranties or representations of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction or limitation under, the laws applicable to these Terms.
We shall not be liable to you for any direct, indirect, general, special, incidental, punitive, or consequential damages resulting from your use of the Site or App, changes to the Site or App, errors or inaccuracies, any interruption or cessation of service, or for any other reason. Some states may not allow the exclusion or limitation of consequential or incidental damages, thus the previous disclaimer may not apply to you.
No Reliance on User Content. Due to the unverified nature of the communication and information on the Site and App, all opinions, statements, advice, suggestions, offers, or other information and content should not be relied upon. All such information is solely the responsibility of the author or poster. We cannot guarantee the completeness or accuracy, nor can we endorse, adopt, or accept responsibility for any of the information or communications appearing on or being transmitted through the Site or App.
Safeguarding Information. We use industry-standard technologies and techniques to safeguard your information and ours on the Site and App. Internet security cannot be assured and we cannot guarantee or warranty that the private information provided to the site will not become public under any circumstances, though we will actively work against that happening.
Third Party Links or Content. Periodically, you may be provided with links to or be able to view embedded content from other sites, resources, and features through the Site and App. As we have no control over such sites, resources, and features, you acknowledge and agree that we are not responsible for, nor do we endorse, the accuracy, content, products, advertising, or any other materials available from such sites, resources, or features. You also acknowledge that we shall not be liable or responsible, directly or indirectly, for any loss, injury, or damage caused or alleged to be caused by or through the use of or reliance upon any such site, resource, or feature.
Representations, Warranties, and Indemnity by You. You represent, warrant, and covenant not to use the Site or App to violate any laws, including but not limited to infringing copyright or making defamatory statements. You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site and/or App in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. You represent, warrant, and covenant that all User Content uploaded by you to any FracTracker service will be accurate to the best of your knowledge.
Jurisdiction and Choice of Law. If there is any dispute arising out of the Site and/or App or your use thereof, you expressly agree that any such dispute shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Commonwealth of Pennsylvania, for the resolution of any such dispute. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorneys’ fees.
Changes to our Site and App. Our Site and App are under continual development and improvement, and new features and projects may be regularly added and modified.
Compliance with Laws. You acknowledge and agree that you will only use the Site and/or App in a manner consistent with these Terms, as well as any and all applicable local, state, national, and international laws and regulations, including export control laws. You warrant and represent that you are not located in, a citizen of, or acting under the control of any country which the United States has: identified as a Specially Designated Nation; established an embargo upon; or placed onto the Commerce Departments Table of Deny Orders. Use of this Site is void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site, and the Site may not be used anywhere where prohibited by law.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary such that these Terms shall otherwise remain in full force and effect and enforceable.
Survival. Even after your use of the Site and/or App discontinues, these Terms shall remain in effect. In the event these Terms are terminated, all terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with express written notice of such waiver, provided by one of our authorized representatives.
Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries.
Relationship of the Parties. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms between you and FracTracker.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.