Project Fractal®
 

(www.projectfractal.com)
 

Terms of Use
 

Your use of our Internet sites or any of the information, links, products or services offered on those sites (collectively, the “Services”) is subject to these Terms of Use (these “Terms”). Project Fractal ® which address is projectfractal.com (“Site”), at its sole discretion, may change the Terms, conditions and operation of this website (the “Site”) at anytime without notice to you. By using this Site and/or any of its Services, you agree to the Terms, including any modifications we make, and further waive any rights or claims you may have against Project Fractal ®, Inc.



1)  Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

2) The content available through the Site is the sole property of Project Fractal ®, Inc or its partners, advertisers, suppliers or licensors. All material published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Project Fractal ®, Inc-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Project Fractal ®, Inc advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the Site to anyone without Project Fractal ®, Inc's express prior written consent.

a) You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.


3) Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

4) By using this Site, you agree under penalty of perjury to make the following statements:

a) I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.

b) Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.

c) I believe I have the unalienable right to read and/or view any type of material I choose.

d) I am aware of the standards of my local community with respect to the materials offered on this Site; I am familiar with the materials offered by this Site; and I represent, warrant and certify that the links, information, and use of materials on this Site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this Site, I agree to no longer access this Site.

e) I recognize that this Site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.


5) By viewing and/or using this Site, you agree that Project Fractal ®, Inc will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this Site and/or Services. You agree to defend, indemnify and hold harmless Project Fractal ®, Inc, its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys’ fees) related to or arising out of your use of the Site and/or Services, including without limitation claims made by third parties related to your use of the Site and/or Services.

6) WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE Project Fractal ®, Inc AND SERVICES ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AVAILABILITY OF THE SITE OR SERVICES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. Project Fractal ®, Inc MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR, BUG OR VIRUS FREE AND SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACESS DELAYS, ANY INTERRUPTION AND/OR DATA DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND OUR REASONABLE CONTROL.

7) WITHOUT LIMITING THE FOREGOING, Project Fractal ®, Inc SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

8) YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE Project Fractal ® AND THAT Project Fractal ®, Inc MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS Project Fractal ®, Inc MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL Project Fractal ®, Inc BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST Project Fractal ®, Inc WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9) Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

10) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11) These Terms shall be construed in accordance with the laws of California, USA, and the parties irrevocably consent to bring any action to enforce these Terms before a court of competent jurisdiction in Los Angeles, California, USA. If you are located outside the United States, please note the information you provide to us will be transferred to the United States. You hereby consent to this transfer.

This Terms of Use was created on November, 2010, and being effective immediately.

 

 

Privacy Policy Statement


We respects your privacy and is committed to protecting it at all times. This Internet Privacy Statement explains how the Project Fractal ® ("Web Site" collects, uses and safeguards information on its Web site. This Internet Privacy Statement applies only to information collected by us through its Web site.

As web site technology and the trend of entertainment industry change from time to time, this Internet Privacy Statement is expected to change as well. We reserve the right to amend the Internet Privacy Statement at any time, for any reason. We will post a notice that this Internet Privacy Statement has been amended by revising the "Last updated" date at the bottom of this page.

Agreement

By accessing Web Site which address is projectfractal.com, you agree this Privacy Policy. And Project Fractal ®, Inc reserve the rights to modify this Privacy Policy Statement.

Definition

The term "We," "Our" represent the organization and people who manage "Project Fractal ®". The term, "the user(s)", "the visitor(s)," or "you" represent anyone who access and/or submit any data to projectfractal.com.

The term "Web Site" represent the information contains under the domain name - projectfractal.com

Contact

If you have questions about this Internet Privacy Statement, please contact us. The contact information is located under "Contact" hyperlink.

Information we collect

When the visitor browse [www.]projectfractal.com and do not interact with the site for any online service or product from us, you browse anonymously. Personally identifiable information -- such as the visitor's name, address, phone number and e-mail address -- is not collected as the visitor browse.

When the visitor become a registered user on our site, or choose to interact with Web Site in other ways, such as subscribing to e-mail newsletter and, purchasing our product or services, participating in online surveys, submitting questions or comments or requesting information or materials, We may collect certain personal information from the visitor. The type of personal information collected will vary but may include name, address, phone number, billing and delivery information, e-mail address, credit card information and other demographic information including user's IP address. We do not collect Social Security numbers via Web Site. The type of product or service that the visit seeks will determine the personal information that is collected. For a listing of the exact type of personal information that will be collected from the visitor, please refer to the appropriate online form.

We may be collecting IP addresses of visitors who have interact with Web Site. This information are only used to block the personnel or computer bot(s) who/which unlawfully try to access Web Site, and/or send spam comments. We will never share your IP address to unauthorized employees or third parties except when the written request from the court or lawful agency is provided legally.

Tracking activity on Web Site

We track how the Web Site is used by both anonymous visitors and visitors who interact with the site. One way we track is by using "cookies." Cookies are small files stored on the site users’ computers or Web servers and are used to aid Web page navigation. Two types of cookies are used on this Web site. A "session" cookie is a temporary file created whenever this Web site is accessed and is self-terminated based either on an expiration date (e.g., three hours from creation of the cookie) or by closing the Web browser. A "persistent" cookie is a permanent file and must be deleted manually. Cookies referred to hereafter in the context of this Internet Privacy Statement are "persistent" cookies. The cookie function is used on this site to track visitor practices to help determine which site features and services are most important and guide editorial direction. The cookies make it possible for you, the user, to access the site without requiring entry of a user name or password allows you to view different restricted areas of the site without reregistering and allows you to personalize the site for future use. If you do not desire the functionality created by the cookies, you may disable the cookie function at any time by adjusting your browser accordingly.

Cookies are required for the Members-Only and e-commerce sections of the Web site. Cookies are essential for site administration and security.

How we use personal information

Once collected, we may use the visitors' personal information (except for e-mail address, which is outlined below) for the following purposes:

  • Register the visitor for programs and services the visitor have requested

  • Answer the visitor's e-mails or on-line requests

  • Send information the visitor request

  • Ensure Web Site is relevant to your needs

  • Deliver our services such as newsletters, meetings or events

  • Notify you about new products/services special offers, upgrades and other related information from us and other approved third parties

How we use your e-mail address

The following defines how e-mail will be handled -  Web Site users who have supplied their e-mail address to the Web Site.

We do not share, sell, trade, exchange or rent the registered users' e-mail address to vendors for them to market their products or services to the registered users. When we hire vendors to deliver e-mails to the users on our behalf, they are under agreement and limited from using users' e-mail address for any other purpose.

When we send e-mail to its users, we may be able to identify information about user's e-mail address, such as whether the user can view graphic-rich HTML e-mail. If user's e-mail address is HTML-enabled, we may choose to send you graphic-rich HTML e-mail messages.

With whom we may share information

We may disclose the user's personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Web Site; (b) protect and defend our rights or our property; or (c) protect the personal safety, personnel or members of the public in urgent circumstances.

Banner advertisements on Web Site

Online advertisements on Web Site do not collect any personally identifiable information on individual visitors. Web Site does collect aggregate data on visitors such as time of day and Web browser type. Such information may be shared with advertisers to determine their advertising effectiveness. We do not provide advertisers any information about individual information which could identify the visitor.

Children under 13

We do not knowingly solicit data online from or market online to children under the age of 13.

Information security

We implements security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.

No guarantee

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information the visitors transmit to us or to or from our online products or services.

Linking to other Internet sites

The visitors should be aware that other Internet sites that link from Web Site or from our e-mail may contain privacy provisions that differ from the provisions of this Internet Privacy Statement. To ensure your privacy is protected, we recommend that you review the privacy statements of other Internet sites you visit.

This Privacy Policy was created on November, 2010, and being effective immediately.

 

 

DMCA Copyright Notice
 

Project Fractal ®, Inc is committed to complying with U.S. copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Project Fractal ®, Inc that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.

If you believe your copyright material is being used on this website without permission, please notify the designated agent.

Your notice of alleged copyright infringement should include:

1. Please describe how your copyrighted work or other intellectual property has been infringed;
2. Please describe where the infringed material is located on the site
3. Your contact information where we can contact you and, if different, an e-mail address where the alleged infringing party can contact you;
4. Please state that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement, under penalty of perjury, that the information in the notification is correct and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your electronic or physical signature.


If you are sending this notice via email, please make sure to notify us clearly, such as labeling your email message with the subject "DMCA Notice of Infringement." If you are sending us Fax notice, please clearly write down "DMCA Notice of Infringement" on your cover sheet.

Also please be aware that you are responsible of having stable Internet connection for email, securing stable phone line connection for your phone or Fax line, or securing delivery of your notice via snail mail.

if you are calling us and we were not able to answer your call. Please make sure to leave a voice mail to our answering machine and leave your phone number.

We are committed not to infringe anyone else's copyright materials. But if you haven't heard back from us for over a week, you may failed to deliver the notice to us. Please contact us again.

Counter Notification

You may file a counter-notification that contains the following details if your material has been taken down with the following details.

1. The proof of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your contact information
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Project Fractal ®, Inc may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;

If you are sending this notice via email, please make sure to notify us clearly, such as labeling your email message with the subject "DMCA Notice of Infringement." If you are sending us Fax notice, please clearly write down "DMCA Notice of Infringement" on your cover sheet.

Also please be aware that you are responsible of having stable Internet connection for email, securing stable phone line connection for your phone or Fax line, or securing delivery of your notice via snail mail.

if you are calling us and we were not able to answer your call. Please make sure to leave a voice mail to our answering machine and leave your phone number.

We are committed not to infringe anyone else's copyright materials. But if you haven't heard back from us for over a week, you may have failed to deliver the notice to us. Please contact us again.

Please be advised that under the DMCA anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Project Fractal ®, Inc, the alleged infringer and/or the affected copyright owner for any damages incurred in connection with the removal, blocking and/or replacement of allegedly infringing material