Terms of service
Last Updated: June 26, 2025
Acceptance of Terms
By accessing or using Fackle ("we," "us," or "our") through our website, mobile application, or desktop application located at https://fackle.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.
Description of Service
Fackle is an entertainment platform that provides the following features to users:
- Social networking and user profiles
- Image and video sharing
- Video conferencing
- Email service for user communication
- Internet search engine and webmaster tools
- User-generated content posting and sharing
Eligibility
Our Service is intended for adults aged 18 and older who are residents of the United States (excluding California). By using our Service, you represent and warrant that:
- You are at least 18 years old
- You are a resident of the United States, excluding California
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
User Accounts
To access certain features of our Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your password and account
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
We reserve the right to terminate accounts that violate these Terms or for any other reason at our sole discretion.
User Content and Conduct
Content Ownership: You retain ownership of content you create and post on our Service. By posting content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content as necessary to provide our Service.
Public Nature of Content: You understand and agree that your username, real name, gender, bio text, posts, images, media content, and video/audio from video conference participation will be visible to other users of our Service.
Prohibited Content and Conduct: You agree not to post, upload, or transmit any content that:
- Is illegal
- Infringes any patent, trademark, copyright, or other proprietary rights
- Contains viruses, malware, or other harmful code
- Is spam, unsolicited advertising, or promotional material
- Impersonates any person or entity or misrepresents your affiliation
- Violates any applicable law or regulation
You also agree not to:
- Use automated systems (bots, scrapers, etc.) to access our Service
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt our Service or servers
- Collect or harvest information about other users
- Use our Service for any commercial purpose without our written consent
Video Conferencing
When participating in video conferences on our Service:
- Your video and audio will be transmitted to other conference participants
- You consent to being recorded by other participants
- We do not control what other participants do with your video/audio
- Your participation cannot be deleted after it occurs
- You are responsible for your own conduct during conferences
Email Service
Our integrated email service allows communication between users. You agree that:
- You will not use the email service for spam or unsolicited messages
- You will respect other users' privacy and communication preferences
- We may collect statistical information about email usage but will not read the content of your emails
Search Engine and Webmaster Tools
Our search functionality and webmaster tools are provided as-is for entertainment purposes. We do not guarantee the accuracy, completeness, or reliability of search results or analytics data.
Intellectual Property
The Service, including all content, features, and functionality, is owned by us and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of our Service without our written permission.
Privacy
Your privacy is important to us. You must review our Privacy Policy, which explains how we collect, use, and protect your information. By using our Service, you consent to our privacy practices.
Disclaimers
OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- Our Service will be uninterrupted, secure, or error-free
- The results from using our Service will be accurate or reliable
- Any defects in our Service will be corrected
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE SHALL NOT EXCEED $100.
Indemnification
You agree to indemnify, defend, and hold harmless Fackle and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or relating to:
- Your use of our Service
- Your violation of these Terms
- Your violation of any rights of another party
- Content you post or transmit through our Service
Termination
We may terminate your account and access to our Service for any reason, including if you breach these Terms. We will generally provide a warning by email before terminating your account, except in cases of severe violations.
Upon termination:
- Your right to use our Service will cease immediately
- We may delete your account and content
- Provisions that should survive termination will remain in effect
Modifications
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our Service with a new "Last Updated" date. Your continued use of our Service after changes become effective constitutes acceptance of the updated Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or our Service will be resolved in the courts of Broome County, New York.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our Service and supersede all prior agreements and understandings.
Contact Information
If you have questions about these Terms, please contact us at:
Email:
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.