Terms and Conditions
We reserve the right to modify this Agreement at any time, and you agree that all such changes shall be effective and binding upon you upon being posted to the Website. You agree to review this Agreement periodically to be aware of any such modifications.
While using the Website is currently free of charge, you acknowledge that we may, in our sole discretion, decide at any time to charge for such access and services.
All text, data, images, graphics, photographs, audio, video, software, information, programs, articles, stories, messages, information and other content contained on the website (collectively, "Content") is the property of FactualMedia or its licensors and is protected by U.S. and/or international copyright laws. The collection, arrangement and assembly of all Content on the Website is the exclusive property of FactualMedia and protected by U.S. and/or international copyright laws. We grant you permission to electronically copy and print copies of portions of the Website for personal use only, except that you may not download any video Content that may be available to you. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website, is strictly prohibited. Any unauthorized use of material appearing on the Website may subject you to liability for infringement, misappropriation or other causes of action to the fullest extent of the law.
All trademarks, logos, service marks and trade names are proprietary to FactualMedia or third parties who have granted FactualMedia the right or license to use such intellectual property. FactualMedia does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo displayed on the Website without the prior written consent of FactualMedia.
3. Commercial Use
You acknowledge and agree that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavor.
4. Links to Other Websites
The Website may provide links to other websites of possible interest to you. Because we have no control over such websites, FactualMedia shall not be responsible for the availability of such websites and shall not be liable, directly or indirectly, for any content including without limitation any advertising, goods or services, or other materials on or available from such websites, or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content. Any such links are provided solely for your convenience, and FactualMedia does not endorse or otherwise recommend such websites or the products or services they offer or make any representation as to the accuracy or nature of the material supplied by such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
5. DISCLAIMER OF WARRANTIES.
5.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. FACTUALMEDIA DOES NOT ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE CONTENT PROVIDED THROUGH THE WEBSITE, AND MAKES NO PROMISES, GUARANTEES, AND PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING ANY SUCH CONTENT. NO CONTENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. FACTUALMEDIA SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE WEBSITE. SPECIFICALLY, FACTUALMEDIA DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE.
5.2 FACTUALMEDIA DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR (I) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF, (II) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED THEREIN, (III) LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT APPEARING ON THE WEBSITE, OR (IV) ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE WEBSITE ARE ACQUIRED BY YOU "AS IS" AND "WHERE IS". NEITHER FACTUALMEDIA NOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT. FURTHERMORE, FACTUALMEDIA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE WEBSITE, AND THE FACT THAT A BUSINESS OR PARTICULAR SERVICE IS OR IS NOT DESCRIBED ON THE WEBSITE IS NOT AN ENDORSEMENT OR LACK OF ENDORSEMENT OF ITS QUALITY OF SERVICE. FACTUALMEDIA ASSUMES NO RESPONSIBILITY FOR ANY RESOURCES LISTED ON THE WEBSITE.
5.3 FACTUALMEDIA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF FACTUALMEDIA. YOU AGREE TO HOLD FACTUALMEDIA HARMLESS FOR ANY COMPUTER VIRUSES OR OTHER HARMFUL SOFTWARE THAT YOU MAY RECEIVE FROM ELECTRONIC MAIL SENT FROM US, AND YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SCAN ANY DOCUMENTS ATTACHED TO SUCH EMAILS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, AS TO THE QUALITY AND PERFORMANCE OF CONTENT CONTAINED THEREON, AS TO THE ACCURACY OR COMPLETENESS OF SUCH CONTENT, AND AS TO ELECTRONIC COMMUNICATION BETWEEN YOU AND FACTUALMEDIA IS ASSUMED SOLELY BY YOU.
6. LIMITATION ON LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL FACTUALMEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF FACTUALMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY FACTUALMEDIA TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).
8. Disputes; Venue.
If there is any dispute about or involving the Website, you agree that the dispute will be governed by the internal laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
Except as otherwise stated, any notice to us shall be given by certified mail to FactualMedia, LLC, 407 Broome Street, #7B, New York, NY 10013, or by e-mail to email@example.com and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
The failure by FactualMedia to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches. Any provision of this Agreement which, by its nature or express terms should survive, will survive the completion, expiration, termination or cancellation of this Agreement. This Agreement contains the entire agreement between you and FactualMedia regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.