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Terms Of Service

1. Your Acceptance

BY USING OR VISITING THIS WEBSITE (together with all Content available through the Fracknaps.com domain name and other sites owned, operated or controlled by Fracknaps.com, the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS OF SERVICE (the "Terms Of Service"), AND (2) FRACKNAPS.COM'S PRIVACY POLICY at www.fracknaps.com/t/privacy/.

These Terms Of Service apply to all users of the Website. If you do not agree to these Terms Of Service, the Privacy Policy, or the Terms Of Service for the Producer Program or the Producer Rewards Program, then please do not use the Website.

2. Links

The Website may contain links to third party websites that are not owned or controlled by Fracknaps.com. Fracknaps.com is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Fracknaps.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Fracknaps.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms of service and privacy policy of each other website that you visit.

3. Website Access

A. Fracknaps.com hereby grants you permission to use the Website, provided that: (i) you agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Fracknaps.com's prior written authorisation; (ii)your use of the Website is solely for your personal, non-commercial use; (iii) you will not copy or modify any part of the Website without Fracknaps.com's prior written authorisation; (iv) you will not send unsolicited or unauthorised advertisements, spam, chain letters, etc., (v) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (vi) you will not disrupt servers or networks connected to the Website; and (vii) you comply with these Terms Of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Fracknaps.com immediately of any breach of security or unauthorised use of your account. You will be liable for any use made of your account or password and the losses of Fracknaps.com or others due to such unauthorised use. Fracknaps.com will not be liable for your losses caused by any unauthorised use of your account.

C. You agree not to alter or modify any part of the Website, including but not limited to Fracknaps.com's Embeddable Viewer or any of its related technologies.

D. You agree not to access User Submissions (defined below) or Fracknaps.com Content through any technology or means other than the Viewer pages of the Website itself, the Fracknaps.com Embeddable Viewer, or other explicitly authorised means Fracknaps.com may designate.

E. You agree not to use the Website, including the Fracknaps.com Embeddable Viewer for any commercial use, without the prior written authorisation of Fracknaps.com. Prohibited commercial uses include any of the following actions taken without Fracknaps.com's express approval:

* sale of access to the Website or its related services (such as the Embeddable Viewer) on another website;

* use of the Website or its related services (such as the Embeddable Viewer), for the primary purpose of gaining advertising or subscription revenue;

* the sale of advertising, on the Fracknaps.com website or any third-party website, targeted to the content of specific User Submissions or Fracknaps.com content;

* and any use of the Website or its related services (such as the Embeddable Viewer) that Fracknaps.com finds, in its sole discretion, to use Fracknaps.com's resources or User Submissions with the effect of competing with or displacing the market for Fracknaps.com, Fracknaps.com content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)

F. Prohibited commercial uses do not include:

* uploading an original article, pictures, photo or similar Content to Fracknaps.com to promote your business or artistic enterprise;

* using the Embeddable Viewer to show Fracknaps.com Content on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Viewer is not to gain advertising revenue or compete with Fracknaps.com;

* any use that Fracknaps.com expressly authorises in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

G. If you use the Fracknaps.com Embeddable Viewer on your website, you must include a prominent link back to the Fracknaps.com website on the pages containing the Embeddable Viewer and you may not modify, build upon, or block any portion of the Embeddable Viewer in any way.

H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Fracknaps.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Fracknaps.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fracknaps.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

I. Fracknaps.com has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

J. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

K. Fracknaps.com reserves the right to discontinue any aspect of the Fracknaps.com Website at any time.

4. Intellectual Property Rights

The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Fracknaps.com. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Fracknaps.com's prior written consent. Fracknaps.com reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Fracknaps.com Website.

A. The content on the Fracknaps.com Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Fracknaps.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Fracknaps.com reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

* for your information and personal use;

* as intended through the normal functionality of the Fracknaps.com Service; and

* for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Fracknaps.com Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited. User Submissions are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Fracknaps.com Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Fracknaps.com Service or otherwise as prohibited under this Agreement.

D. You may access Fracknaps.com Content, User Submissions and other content only as permitted under this Agreement. Fracknaps.com reserves all rights not expressly granted in and to the Fracknaps.com Content and the Fracknaps.com Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Fracknaps.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fracknaps.com Website or the Content therein.

G. You understand that when using the Fracknaps.com Website, you will be exposed to User Submissions from a variety of sources, and that Fracknaps.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Fracknaps.com with respect thereto, and agree to indemnify and hold Fracknaps.com, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21)

6. Your User Submissions and Conduct

A. As a Fracknaps.com account holder you may submit content ("User Content") and textual content ("User Comments"). User Content and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Fracknaps.com does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise Fracknaps.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Fracknaps.com, you hereby grant Fracknaps.com a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Fracknaps.com Website and Fracknaps.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Fracknaps.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Fracknaps.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Fracknaps.com Service. You understand and agree, however, that Fracknaps.com may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Fracknaps.com all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, (i) publish falsehoods or misrepresentations that could damage Fracknaps.com or any third party; (ii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or contrary to applicable local, national, and international laws and regulations.

F. Fracknaps.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fracknaps.com expressly disclaims any and all liability in connection with User Submissions. Fracknaps.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Fracknaps.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Fracknaps.com reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. Fracknaps.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Fracknaps.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Fracknaps.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Copyright and Content Policy

Fracknaps.com respects the intellectual property rights of others, and requests you to do the same. Fracknaps.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Fracknaps.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Fracknaps.com reserves the right to remove Content without prior notice. Fracknaps.com will also terminate a User's access to the Website, if they are determined to be a repeat infringer. Fracknaps.com may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms Of Service at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Fracknaps.com the following information:

A. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright;

B. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

C. a description of where the material that you claim is infringing is located on the Website, including the URL;

D. your address, telephone number, and email address;

E. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and

F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Please submit notice of claims of copyright infringement to Fracknaps.com at copyright@fracknaps.com . We will only entertain notices that are sent from the official email domain address of the owner of the copyright material.

Please also note that under most countries have Copyright Acts that can take action against any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FRACKNAPS.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FRACKNAPS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FRACKNAPS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FRACKNAPS.COM WEBSITE. FRACKNAPS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FRACKNAPS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FRACKNAPS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL FRACKNAPS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FRACKNAPS.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FRACKNAPS.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Fracknaps.com. Fracknaps.com makes no representations that the Fracknaps.com Website is appropriate or available for use in all locations around the world. Those who access or use the Fracknaps.com Website do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless Fracknaps.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Fracknaps.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Fracknaps.com Website.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Fracknaps.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Fracknaps.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fracknaps.com without restriction.

14. General

Fracknaps.com does not make any representation that materials in and/or facilities or services offered through this website are available for use in other locations, or that they comply with any legal or regulatory requirements of such other locations. Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable.

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. If these terms and conditions are not accepted in full, the use of this website by you must be terminated immediately.

Fracknaps.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Fracknaps.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FRACKNAPS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FRACKNAPS.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.