Terms of Service

These terms and conditions ("Terms") govern our relationship with you and others who interact with Factsafe and our services (the "Services") including any text or other media uploaded or downloaded from this site (collectively referred to as "Content"). By using Factsafe, you agree to these Terms.

If you cannot form a binding contract or are barred from receiving services under the laws of the United States or other applicable jurisdiction, you may not use Factsafe.

You may use the Services only in compliance with all applicable local, state, national and international laws, regulations and rules.

Children under the age of 18 are not eligible to use the Services and must not attempt to register with Factsafe and/or submit any personal information to us. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child's account.

We reserve the right to add, delete or amend parts of these Terms at our sole discretion and at any time without prior notice to you. We will post any changes on this page and will indicate the effective date at the top of the page. It is important for you to refer to these Terms from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the Services you are agreeing to be bound by the revised Terms.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE FACTSAFE.

• Description
  • Access to Factsafe currently provides users with voting tools, social features and personalized content. The Service allows you upload, share and discover personalized content with all other users on Factsafe. Unless otherwise stated, any new features or tools which are added to the Services are subject to these Terms.
  • We may add, amend or remove any aspect of the Services to you or users generally at any time without prior notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Services or create limits on storage at anytime without notice or liability to you or any third party.
• Availability
  • Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, FACTSAFE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Factsafe will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Factsafe has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Factsafe or through the Services, will create any warranty not expressly made herein.
• User Submissions
  • All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content, including any consequences thereof. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
  • We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Factsafe be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
  • The Services permits the submission and posting or linking of video, audio, images, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by Factsafe. Factsafe makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, Factsafe does not guarantee any confidentiality with respect to any User Submissions.
  • You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Factsafe, you hereby grant Factsafe and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with Factsafe Services, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You hereby grant Factsafe and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Services and these Terms.
  • 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: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Factsafe to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Factsafe and these Terms and to grant the rights and license set forth above, and (ii) your User Submissions, Factsafe's use of such User Submissions pursuant to these Terms , and Factsafe's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
  • In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage Factsafe or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner.
  • In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, Factsafe reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.
• Removal of Content
  • Factsafe, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Services, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
  • Deleted Content is not viewable but may remain in backup copies for a reasonable period of time.
• Copyrights
  • Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services existing now or in the future (including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities -- collectively referred to as the "Content") are the property of Factsafe, its subsidiaries, affiliates and/or licensors.
  • The Content does not include User Submissions (as defined above) or any other content owned by and submitted by users to the Factsafe Services.
  • Unless expressly granted in writing by Factsafe, no rights in or to the Content except those expressly set forth within these Terms are granted to you.
  • The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Services contained in any part of the Website and/or Services. Exploiting any part of the Services for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Factsafe or the applicable intellectual property rights holder as identified on the Website.
  • Factsafe respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you seek legal advice before sending a notice to Factsafe.
  • We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Factsafe will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
    • Factsafe Inc.
      Attn: Copyright Agent
      3501 Mall View Road #115-324
      Bakersfield, CA 93306
• Restrictions
  • Subject to your strict compliance with these Terms, Factsafe grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to participate in Factsafe social features and communicate with other members of Factsafe community.
  • You may not embed or otherwise exploit Factsafe widgets for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains a Factsafe widget). Factsafe alone shall be responsible for determining, in its discretion, whether any use of a Factsafe widget constitutes commercial use in each individual case.
  • We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review Factsafe Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Factsafe, its users and the public.
  • You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Factsafe’s computer systems, or the technical delivery systems of Factsafe’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Factsafe (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Factsafe (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Factsafe is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  • We do our best to keep Factsafe safe, but cannot guarantee it. We need your help to do that, which includes the following commitments:
    • You will not to make unsolicited advertisements, offers, petitions, proposals, or send junk mail or spam to other users of Factsafe.
    • You will not collect users information, activities or other content using automated means (such as robots, scrapers or spiders).
    • You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
    • You will not upload malicious code or viruses.
    • You will not engage in unlawful multi-level marketing or pyramid schemes on the Services
    • You will not access or attempt to access an account belonging to someone else.
    • You will not bully, intimidate, or harass any user.
    • You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    • You will not use Factsafe to do anything unlawful, misleading, malicious, or discriminatory.
    • You will not do anything that could disable, overburden, or impair the proper working of Factsafe, such as a denial of service attack.
    • You will not facilitate or encourage any violations of these Terms.
    • You will not use the Services for any purpose that is unlawful or prohibited by these Terms.
    • Any use by you of the Services other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Services, use of the Services, access to the Services, or Content obtained or available through the Services, for any purpose other than for your personal, private, non-commercial purposes.
    • You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any user's enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
    • You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, including but not limited to any features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
    • You agree not to attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
    • You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including, without limitation, for the purpose of obtaining unauthorized access to the Services.
    • You agree not to utilize framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Factsafe's name or trademarks without our express written consent.
    • You will promptly remove any links that Factsafe finds objectionable in its sole discretion. You agree not to use any Factsafe logos, graphics, or trademarks as part of the link without our express consent.
    • You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
    • You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    • You agree not to modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
    • You represent, warrant and agree that you will comply with the above acceptable use requirements. Factsafe reserves the right, in its sole discretion, to terminate any user's account or take such other action as Factsafe sees fit in relation to any user who partakes in any of Factsafe's prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, Factsafe reserves the right to take court action and/or report users to the relevant authorities.
• Accounts
  • In order to access some features of the Services, you will have to create an account. You agree that the information you provide to Factsafe upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that Factsafe may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
    • Comply with legal processes
    • Enforce these Terms
    • Respond to a claim that any information submitted by a user violates the rights of third parties
    • Respond to your requests for customer service
    • Protect the rights, property or personal safety of Factsafe, its users and the public
  • When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Factsafe. You may be liable for the losses incurred by Factsafe or others due to any unauthorized use of your account.
  • You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Factsafe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  • We encourage users to actively log in and use Factsafe when they register an account. To keep your account active, be sure to log in and listen or upload a Cloudcast at least every 6 months. Accounts may be permanently disabled due to prolonged inactivity (based on a combination of listening, uploading, logging in, and the date an account was created). Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.
  • Factsafe users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    • You will not provide any false personal information on Factsafe, or create an account for anyone other than yourself without permission.
    • You will not create more than one personal profile.
    • If we disable your account, you will not create another one without our permission.
    • You will not use your personal profile for your own commercial gain (such as selling your content or comments).
    • You will not use Factsafe if you are under 18.
    • You will not use Factsafe if you are a convicted sex offender.
    • You will keep your contact information accurate and up-to-date.
    • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    • You will not transfer your account to anyone without first getting our written permission.
    • We reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
• Your Rights
  • You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license is you authorizing us to make your content on Factsafe available to the rest of the world and to let others do the same.
  • You agree that this license includes the right for Factsafe to make such Content available to other companies, organizations or individuals who partner with Factsafe for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
  • Factsafe has an evolving set of rules for how ecosystem partners can interact with your content. These rules exist to enable an open ecosystem with your rights in mind. But what’s yours is yours -- you own your Content.
  • Such additional uses by Factsafe, or other companies, organizations or individuals who partner with Factsafe, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
  • We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
  • You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Factsafe will not be responsible or liable for any use of your Content by Factsafe in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
  • Factsafe gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Factsafe as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Factsafe, in the manner permitted by these Terms.
• Factsafe's Rights
  • All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Factsafe and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use Factsafe name or any of Factsafe trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Factsafe, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
• Protecting Other People's Rights
  • We respect other people's rights, and expect you to do the same. You will not post content or take any action on Factsafe that infringes or violates someone else's rights or otherwise violates the law.
  • We can remove any content or information you post on Factsafe if we believe that it violates these Terms.
  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
  • You will not post anyone's identification documents or sensitive financial information on Factsafe.
• Links to Third Party Content
  • Factsafe or third parties may provide links on the Services to other sites or content ("Other Sites"). Factsafe has no control over such Other Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Other Sites or content linked to by the Services. The Services provides links to you only as a convenience, and the inclusion of any link on the Services does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of Other Sites, including the information, material, products and services on Other Sites and/or available through Other Sites, is solely at your own risk. When you leave the Services, our Terms no longer govern. You should review applicable Terms, including the privacy and data gathering practices, of any Other Sites.
  • In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Services. Your correspondence and business dealings with others found on or through the Services and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. Factsafe will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on or through the Services. Descriptions of, or references to, products, services or publications on the Services do not imply endorsement of that product, service or publication.
  • The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Factsafe of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
• Linking to Factsafe
  • You may include links to the Website or include widgets in any website under the following criteria:
    • You may link to, but not replicate, the Content.
    • You must not imply that Factsafe or the Services are endorsing or sponsoring your website or its products, unless Factsafe has given its prior written consent.
    • You must not present false information about Factsafe or its products or services.
    • You must not use any Factsafe Content or Services except as expressly permitted in these Terms or without prior permission from Factsafe.
    • The website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial.
    • The website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.
    • By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion.
    • Factsafe widgets are designed to enable our users to share Factsafe with their friends. You are strictly prohibited from using any of Factsafe widgets for any form of commercial use, unless with prior written consent from Factsafe. If you are the operator of a commercial website and would like to include Factsafe widgets in your website, or if you would like to use the widgets for commercial purposes, please contact us.
    • Factsafe reserves the right to remove links or to block Factsafe widgets at any time and for any reason in its absolute discretion.
• Disclaimers
  • THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FACTSAFE AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICES; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SERVICES; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SERVICES; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE SERVICES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE SERVICES; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. FACTSAFE DOES NOT WARRANT THAT THE SERVICES, ANY OF THE SERVICES'S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • FACTSAFE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SERVICES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, FACTSAFE SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, FACTSAFE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
  • FACTSAFE, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "FACTSAFE ENTITIES AND INDIVIDUALS") SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE SERVICES OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
• Limitation of Liability
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACTSAFE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FACTSAFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  • WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS, YOU UNDERSTAND AND AGREE THAT FACTSAFE FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL FACTSAFE, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "HOLONET ENTITIES AND INDIVIDUALS") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICES, THE CONTENT, OR YOUR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES OR ANY OF THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FACTSAFE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE SERVICES'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF FACTSAFE ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). NOTHING IN THESE TERMS LIMITS OR EXCLUDES FACTSAFE'S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
  • IF ANY OF THESE TERMS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
  • FACTSAFE ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF FACTSAFE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY FACTSAFE AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY HOLONET WEB SITE, SERVICES, PRODUCT, PROGRAM, MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
• Indemnity
  • You agree to indemnify, hold harmless, and keep Factsafe, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms, including, without limitation: (a) your use of the Services; (b) your violation of these Terms or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Services. You will cooperate as fully and reasonably as required by Factsafe in the defense of any claim. Notwithstanding the foregoing, Factsafe retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Factsafe herein under the provisions of these Terms and in no event shall you settle any such claim without Factsafe's prior written approval.
• Termination
  • If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Factsafe to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
  • You understand and agree that Factsafe will determine your compliance with these Terms in its sole discretion. Factsafe reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Factsafe maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights and/or any other breaches of any of these Terms. Any violation of these Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Factsafe, you must destroy all materials obtained from the Services and all related documentation.
• Jurisdiction
  • These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
• Exclusions
  • Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
• Waiver and Severability
  • The failure of Factsafe to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
• Miscellaneous
  • Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms.
  • You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Services and the Content, including, without limitation, those governing your transmission or use of any software or data.
  • These Terms and any applicable end user licence or similar agreements contain the sole and entire agreement between Factsafe and its users with respect to the Services, the Content and User Submissions and supersedes any and all other prior written or oral agreements between Factsafe and its users.
  • These Terms, Factsafe Rules and our Privacy Policy are the entire and exclusive agreement between Factsafe and you regarding the Services (excluding any services for which you have a separate agreement with Factsafe that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Factsafe and you regarding the Services. Other than members of the group of companies of which Factsafe is the parent, no other person or company will be third party beneficiaries to the Terms.
  • We may revise these Terms from time to time, the most current version will always be at https://factsafe.com/terms_of_service. If the revision, in our sole discretion, is material we will notify you via an e-mail to the address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Civican Inc., 3501 Mall View Road #115-324, Bakersfield, CA 93306. If you have any questions about our Privacy Policy or Terms of Service, please contact us.

Effective October 28, 2023