Terms & Conditions: 20 June 2011
In these terms and conditions, the following are defined terms:
‘Factory Media’ means Factory Media Limited (registered number 05848079) a company incorporated in England and Wales whose registered office is at 1 West Smithfield, London EC1A 9JU.
‘Material’ means submission of, inter alia, any reviews, comparisons, prices, purchase information, text, files, images, written commentary, articles, essays, stories, poems, literature, information, blogs, audio and/or visual data (including video, sounds, musical works, and/or songs, moving imagery, etc), pictorial depictions of any nature, including photographs, pictures, drawings, sketches, etches uploaded onto the Website by any User.
‘Member’ means a person who has registered with one or more of the Websites.
‘Repeat Infringer’ means a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once in any time period.
‘Terms’ means the terms and conditions under this Agreement.
‘Third Party Website’ means any website not owned by Factory Media.
‘User’ means a Visitor.
‘Visitor’ means a person who simply browses our Website.
‘Website’ means any of the Websites.
‘Websites’ means any website owned and/or operated by Factory Media or an associated company from time to time.
References to ‘we’, ‘our’ or ‘us’ means Factory Media and/or an associated company.
References to ‘you’ or ‘your’ means you as a User of our Website.
References to ‘Website’ should be construed as references to ‘Websites’ where appropriate.
1.Your acceptance of these Terms
2. Third Party Websites
2.3. The presence of any links to Third Party Websites does not imply that we are or that the Website is affiliated or associated with any Third Party Websites and you visit them at your own risk.
2.4. We do not endorse and are not responsible or liable for any advertising, products or other materials or services on or available from Third Party Websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with the use of or reliance on any such content, goods or services on or available from Third Party Websites or resources.
2.5. We will not be responsible in any way for any transactions entered into on Third Party Websites. We will not be liable for any losses occurring as a result of any third party’s failure to perform any obligations, nor will we be a party to or in any way responsible for any guarantees or warranties offered by third parties.
3. Access and Use of this Website
3.1. You will make all the arrangements necessary to access this Website. Access to the Website is on a temporary basis and we reserve the right to withdraw access to or change the Website without notice.
3.2. We hereby grant you permission to use the Website in accordance with these Terms, PROVIDED THAT
3.2.1. You use the Website solely for your personal, non-commercial use;
3.2.2. You will not copy or distribute any part of the Website for any purpose without our prior written authorisation;
3.2.3. You will comply with these Terms;
3.2.4. You ensure that all persons who access the Website through your internet connection agree to comply with these Terms; and
3.2.5. You are legally allowed to view the Material in the location where you are accessing the Website from (as the Website may contain content which is age restricted/subject to other restrictions in some locations).
3.3. You should note that prices quoted through the Website may not be accurate as, for example, third party companies may change their prices frequently. We recommend that you conduct an identical search directly on the Third Party Website.
4. Registration and Account Security
4.1. To access some features of the Website, you will need to create an account, registering as a Member. You are prohibited from using another Member’s account.
4.2. When registering your details with us for the creation of an account, you must provide true, accurate, up-to-date and complete information. If we find out subsequent to registration of your account that any of the information you have provided is untrue, inaccurate, out of date, incomplete or false, we are entitled to terminate your account. You must notify us of any change in your information and/or details.
4.3. We retain the right to amend or modify any user name (or to provide you with a user name of our choice) if we are of the opinion that such user name infringes or violates the rights of any person or third party or is defamatory, offensive, obscene or is in any other way improper or inappropriate.
4.4. You are solely responsible and liable for any activity occurring on your account, and you must keep your account password secret. Should you become aware of any suspicious activity occurring on your account, you must notify us immediately. You must inform us immediately of any breach of security or unauthorised use of your account. We will investigate any security breaches and we have the right to suspend or terminate the account immediately. We will not be liable for any losses caused by the unauthorised use of your account, but you may be liable for our or other Users’ losses caused by such unauthorised use.
4.5. We reserve the right, in our unfettered discretion, to terminate your account with us, to delete your profile and/or any content or information that you have posted on the Website.
4.6. If this agreement is terminated as a result of you contravening these Terms, we may enforce any other rights or remedies we may have against you prior to termination.
5. Newsletter Subscription Emails
5.1. Once you register an account with us, you will be asked whether you would like to receive different newsletter email subscriptions. If you do not want to receive such email subscriptions, please do not check any of the boxes.
5.2. If you want to unsubscribe from an email newsletter subscription, please log into your account and change your subscription option, or follow the instructions on the bottom of the newsletter that you have received.
6.1. This site is intended solely for Users who are over the age of thirteen (13) and any registration by or use of or access to the Website by anyone under the age of 13 is unauthorised and in violation of these Terms. You represent and warrant, by using and accessing the Website, that you are over 13 years of age and that you agree to and abide by all the Terms.
6.2. If we believe you are under 13 years of age, we may prevent you from registering or re-registering a new account with us.
7. Your obligations
7.1. You agree not to use the Website for any illegal purposes and agree to use it in accordance with all the relevant laws.
7.2. You agree not to upload, post on or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms or anything else that may interfere with, interrupt or disrupt the normal operating procedures of a computer.
7.3. You will not upload, post, transmit, broadcast or otherwise disseminate on the Website any Material which infringes third party rights or is defamatory, libellous, threatening, offensive, obscene, pornographic, violent, inappropriate, improper, invades privacy or that may cause annoyance, inconvenience or anxiety.
7.4. You agree that you will not publish falsehoods or misrepresentations that could damage us or any third party and that you will not submit Material that is unlawful, harassing, hateful, and/or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
7.5. You affirm, represent, and warrant that:
7.5.1. any Material submitted by you is your own original work and/or that you have all the necessary rights and permissions of the relevant owner to grant the licence set out in these Terms;
7.5.2. any Material submitted by you was not produced by you in the course of your employment for another person, company or organisation;
7.5.3. any Material submitted by you does not violate any law or code, including by the manner in which it was obtained or created, is not defamatory, threatening, obscene, distressing, or is sexist, racist or otherwise offensive, was not taken by any hidden, surreptitious or illegal means, does not violate another person’s privacy or publicity rights or any rights of confidentiality or contain a malicious falsehood, is accurate, genuine and does not depict any event staged for the purpose of making the Material submitted. Where it includes images of children under age 16, the images have been obtained with the consent of the child’s parent or guardian and is not subject to any other contract, agreement or licence.
7.6. You will not use the Website in a manner that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is any way impaired.
7.7. You will not launch any automated system, including but not limited to, ‘robots’, ‘spiders’, and ‘offline readers’ that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser.
7.8. You agree that you will not collect, collate or gather any personally identifiable information from the Website and agree that you will not use the communication systems provided by the Website for any commercial solicitation purposes.
7.9. You will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality rights and privacy rights).
7.10. You agree that in the event that you have any right, claim or action against any User arising out of the User’s use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us. If you notify us of any abuse of the Website which interferes with your rights (for example, you inform us of an offending article which is defamatory of or offensive about you), then we may remove, delete, modify or alter (as appropriate) the Material in question and may terminate the offending User’s account if appropriate. We may also terminate a User’s access to our Website, if the User is deemed to be a Repeat Infringer.
7.11. We do not endorse any Material or any opinion, recommendation or advice that may be expressed in the Material and we expressly disclaim any and all liability in connection with any such Material submitted to the Website. We do not permit infringing activities and any infringement of intellectual property rights or other third party rights on the Website and we will remove any Material if properly notified that such Material infringes another’s intellectual property or other rights (see Clause 10 headed ‘Complaints and Notification of Abuse Procedures’ for more information).
7.12. We may remove Material which is inappropriate/non-compliant with these Terms. We may also terminate a User’s account for contravention of these Terms at any time, without prior notice and at our sole and unfettered discretion.
7.13. It is your responsibility to evaluate (and, where appropriate, take professional advice on) and to ensure that the Material complies with the warranties you have provided, that the publication of the Material would be legal and would not infringe any third party’s rights and that the Material complies with these Terms generally. You agree to defend, indemnify and hold us, our subsidiaries, affiliates, officers, directors, employees, contractors, partners and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal expenses) arising out of or in connection with your Material and/or your activities on the Website, your use of and access to the Website, any breach by you of the Terms and/or your violation of any third party right, including without limitation any copyright, property, or privacy right.
7.14. You agree that your obligation to indemnify us will continue even when this agreement is terminated.
8.1. You agree that your correspondence with or participation in promotions of advertisers or merchants or other third parties found on the Website, including any payment for the delivery of any related goods or services, any dealings between you and such parties are solely between you and the third party and you agree not to hold us liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such third party on the Website. Please note that we may have arrangements in place with some third parties advertising on the Website whereby we receive a commission from sales.
9. Proprietary and Intellectual Property Rights in the Material
9.1. The Website permits the hosting, sharing, and/or publishing of Material. You agree that whether or not such Material are published, we do not guarantee any confidentiality with respect to any submissions.
9.2. We do not claim any proprietary rights in the Material. You agree that you shall be solely responsible for the Material and the consequences of posting or publishing such Material.
9.3.1. You retain all your ownership, copyright and other interests and rights in the Material. By posting any Material on our Website, you grant us an irrevocable perpetual licence to use, modify, alter, edit, publicly perform, display, copy, reproduce, prepare derivative works of, display, exploit, monetise, make compilations of and/or distribute such Material in any media. Such licence is non-exclusive, fully-paid and royalty free and is sub-licensable, transferable and is on a worldwide basis without restriction. You understand and agree that we may retain server copies of Material that has been removed or deleted by you.
9.3.2. You hereby grant us and each User of the Website the non-exclusive licence to access your Materials through the Website, and to use, reproduce, distribute, display and perform the Materials as permitted in accordance with the relevant licence granted through the functionality of the Website and under these Terms.
9.3.3. You grant us the right to grant further licences in perpetuity in respect of your Materials. You understand and agree that Users who have obtained a licence to use your Material may continue to store and/or provide access to the public to their publications (whether printed and/or on-line publications) which feature your Material even after you have withdrawn the Material from the Website.
9.3.4. If you do not want to grant the permissions set out in these Terms then please do not submit your Material to the Website.
9.4. You affirm, represent, and warrant that:
9.4.1. you own or have the necessary licences, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all the Material to enable inclusion and use of the Material in the manner contemplated by the Website and these Terms; and
9.4.2. you have the written consent, release, and/or permission of each and every identifiable individual person in the Material to use the image, name and other details, or likeness of each and every such identifiable individual person to enable inclusion and use of the Material in the manner contemplated by the Website and these Terms.
9.5. You agree that you will not copy, modify, alter, edit, translate, publish, broadcast, transmit, distribute, publicly perform, display, sell or prepare derivative works of any Material on the Website other than Material that you have posted.
9.6. We expressly reserve all rights in and to the www.factorymedia.com domain name and all related domains and sub-domains, the name “Factory Media”, our logo, and trading names and/or trade marks.
10. Complaints and Notification of Abuse Procedures
10.1. Any formal complaints must be made in writing and sent to Factory Media Ltd, 1 West Smithfield, London, EC1A 9JU.
10.2. We have in place a procedure by which Users may notify us of any alleged abuse and non-compliance with the Terms; for example, if you see any Material posted on the Website that you think is defamatory, offensive, obscene, racist, harmful, deceptive, unlawful, improper or inappropriate or infringes another’s copyright or any other rights, you should be able to notify us of this either by sending an email to us at firstname.lastname@example.org or by clicking on the ‘Report This Content’ icon/button that should automatically appear next to Material posted by a User. Alternatively, you can write to us at the address mentioned in Clause 10.1. Please note that proof of sending does not guarantee our receipt of your letter and you must ensure that you receive and retain an acknowledgement of receipt from us which will be sent within 5 working days of us receiving any correspondence from you.
10.3. We will endeavour to remove or delete promptly any offensive, defamatory, infringing, obscene, inappropriate or improper content and take any further action as we deem necessary, proportionate and appropriate.
11. Acknowledgement by Users
11.1. You understand that when using the Website, you will be exposed to Material from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Material or any other content on the Website. Some of the acts depicted in the Material may be dangerous and you should not copy or in any way seek to imitate any such acts. The Materials or other content on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information.
11.2. Any comparisons, reviews and price information on the Website is provided by Users and/or by other third parties. This information may be inaccurate and we do not guarantee the accuracy of such information. We are not responsible for and do not guarantee the availability of any products and/or services from third parties and nothing on the Website should be considered an offer to sell goods and/or services. Reviews and comparisons posted may be highly subjective and no reliance should be placed on them as they have not been independently verified and may be inaccurate.
11.3. Prices, validity of promotions and other special offers which relate to any price comparison may only be valid for a specified period of time. To ascertain the length of the promotion/offer please visit the Third Party Website.
11.4. You further understand and acknowledge that you may be exposed to Materials or other content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You agree to indemnify and hold us, our affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
12. Disclaimer and Limitation of Liability
12.1. Although we have established rules on what Users cannot post on the Website, we do not control and are not responsible for anything Users put on the Website. To the fullest extent permissible under the law, we, our officers, directors, employees, and agents disclaim all warranties and/or representations, express or implied, in connection with the Website and your use thereof. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions.
12.2. We assume no liability to the extent permitted by law for any errors or omissions in any content or for any loss or damage or injury of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website.
12.3. Although we do take necessary precautions to prevent the spread of viruses on our Website, we do not represent or warrant that content on the Website is virus free. We assume no responsibility for any viruses or Trojan horses, or the like, which may be transmitted to or through the Website by a third party. You should exercise caution when accessing, using or downloading any content from the Website and we recommend that you use industry recognised anti-virus software to assist in detecting viruses.
12.4. Whereas we will take reasonable measures to ensure the security of our Website and of any personal and financial information you provide us with, we will not be liable to you for any direct, indirect, incidental, consequential or other damages whatsoever resulting from any unauthorised access to or use of our secure servers and all personal information and/or financial information stored therein.
12.5. You specifically acknowledge that we shall not be liable for the illegal conduct of any User or third party and that the risk of harm or damage from such acts rests entirely with you. The Material may contain inaccuracies and typographical errors.
12.6. The Website may be temporarily unavailable during site maintenance or for other reasons. We assume no liability for any interruption or cessation of transmission to or from our Website.
12.7. We do not warrant that any information transmitted via the Website will be transmitted accurately, reliably, or in a timely manner.
12.8. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our directors, officers, employees, or agents or any other liability which may not be limited or excluded under applicable law.
12.9. We cannot accept any liability for inaccurate descriptions, prices or technical specifications.
12.10. In particular, we do not guarantee the following:
12.10.1.That the prices included in any price comparison are necessarily the cheapest available;
12.10.2. That the goods or services are available at all; and
12.10.3. That the products reviewed are identical to any retailers’ products.
12.11. Our liability for losses is only for losses that are foreseeable as a result of our breach of contract and is limited to those losses which were within our reasonable contemplation when we entered into this contract.
12.12. We cannot be held liable for any losses or damage which is not within our/your reasonable contemplation at the time we entered into this contract.
12.13. We cannot, under any circumstances, be held for losses resulting from event(s) which are outside of our control.
12.14. Where you purchase a product/service from a Third Party Website, any complaints in relation to that purchase should be made directly with that third party. We do not accept liability for errors made by third parties, and we cannot deal with complaints against them.
12.15. We will not be held liable for any losses which result as a consequence of you submitting inaccurate/incomplete information at the time of making your search.
12.16. We will not be held liable for any losses which occur as a result of the inadequate functioning of a Third Party Website.
12.17. We will not be held liable for any losses which occur as a result of your reliance on any review/commentary/other submissions posted on the Website.
12.18. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Terms for:
12.18.1. any loss of goodwill or reputation, or
12.18.2. any special or indirect or consequential losses.
13. Data Protection
13.1. We aim to comply with the applicable Data Protection legislation from time to time in place.
13.2. We will disclose your personal data if we are requested to do so by law or by any regulatory or governmental authority, or upon receipt of a court order or summons or a legitimate request by a third party (for example, the police) in investigating illegal activities to provide information concerning your activities on the Website.
13.3. We reserve the right to notify or provide information to the relevant authority if we believe that you have carried out or are in the process of carrying out any illegal activity.
13.4. If you agree (during the registration process or when entering competitions and other activities) to receive information/offers, etc from other companies (for example marketing and advertising companies), then we may pass your personal information and/or your activities on the Website to other companies.
13.5.We reserve the right to store and use your personal data solely for our own internal purposes and we reserve the right to access, monitor and retrieve password protected information in order to fulfil our obligations, both legal and as established under these Terms.
14.1. You may terminate your account with us at any time by emailing email@example.com.
15. Severance of Terms
15.1. If the whole or part of any term or provision in these Terms is to any extent held to be void, invalid illegal or unenforceable under any enactment or rule of law, that term or provision or part of it shall to that extent be deemed not to form part of this agreement, and the validity and enforceability of the remainder of these Terms shall not be affected.
16. Law and Jurisdiction