Welcome to Factly.com!

Factly.com, including all of its features and content (collectively, the “Website”) is made available by Factly Inc. (“Factly”) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Website (collectively, the “Content”) may be accessed and/or used solely under the following legally binding terms and conditions of use (“Terms of Use”). Your use of the Website constitutes your acceptance of these Terms of Use, as amended from time to time. If Factly makes a material change or amendment to these Terms of Use, it will notify you by posting a notice on the Website, which amendment will be effective automatically upon the posting of such notice. You are responsible for regularly reviewing these Terms of Use. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE.

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract with Factly.

These Terms of Use are between you and Factly only, and not with any such platform, device provider, wireless carrier, venue or any other third party used by you to access the Website. You will use the Website in compliance with any applicable laws, rules and regulations.

Please note that these Terms of Use do not govern Factly’s data analytics platform (the “Platform”), the use of which is governed by separate terms of service available on the Website or negotiated between the parties

1.  Website Limited License

1.1 The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of Canada, the U.S. and other countries. You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use. Factly may terminate this license, or change, suspend or discontinue any aspect of the Website at any time for any reason. In addition, Factly makes no representation or warranty that particular Content will be available (or will continue to be available) any particular time to access the Website, and Factly is under no obligation to undergo an update of the Website to the extent any material, content and/or features contained therein or related thereto is out of date. This license terminates automatically upon any unauthorized use.

1.2 Access to the Website does not give or imply access to the Platform.  You will not have access to the Platform unless you are granted such access by Factly, in its discretion, and comply with the terms of service for the Platform.

2. Limitations on Use

The Content on this Website is for your personal use only and not for commercial exploitation. You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use. You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. Except as permitted by these Terms of Use, you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-commercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of Factly. You may not use or otherwise export or re-export this Website, any portion thereof, or the Content in violation of the export control laws and regulations of Canada or the United States of America. Any unauthorized use of this Website or its Content is prohibited.

3. Intellectual Property Rights

You acknowledge and agree that Factly and/or its licensors and other partners retain all right, title and interest in and to the Website, including all Content therein and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Factly IP”). You agree not to use any Factly IP in any way other than within the terms of the license granted herein. Factly reserves all ownership and other rights in the Website and the Content not specifically licensed under these Terms of Use.

4. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement

Factly has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Factly reserves the right to remove any Content that allegedly infringes another person’s copyright. Notices to Factly regarding any alleged copyright infringement should be directed to Factly via email at: DMCA@Factly.ai.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where on the Website the material that you claim is infringing may be found, sufficient for Factly to locate the material (e.g., the URL);
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • Your electronic or physical signature.

5. Linking to this Website

You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Factly and (c) acknowledge that Factly may deactivate any link(s) at its sole discretion.

6. Errors and Corrections

Factly does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Factly does not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, or otherwise reliable. Factly may make improvements and/or changes to its features, functionality, or Content at any time.

7. Assumption of Risk

Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your engagement with the features of this Website.

8. DISCLAIMER

TO THE EXTENT NOT PROHIBITED BY LAW, THE WEBSITE, AND THE CONTENT, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND FACTLY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, FACTLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, AND THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THE UNAVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, OR (C) YOUR USE OF THE WEBSITE AND THE CONTENT.

9. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, FACTLY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, OR THE CONTENT. TO THE EXTENT NOT PROHIBITED BY LAW, FACTLY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, OR THE CONTENT. TO THE EXTENT NOT PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, FACTLY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

10.  Indemnification

You agree to indemnify, defend and hold harmless Factly, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from any false, infringing or misleading information that you submit to Factly. Notwithstanding the foregoing, you shall not be obligated to indemnify Factly for any act or omission of Factly that constitutes negligence or breach of a duty imposed on Factly by applicable law.

11. Third Party Rights

The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability) and 10 (Indemnification) are for the benefit of Factly and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

12. Remedies for Violations

Factly reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website

13. Governing Law and Jurisdiction

Unless otherwise required by applicable mandatory local law, these Terms of Use are governed as follows: (i) for users of the Website domiciled in any country other than the United States of America, these Terms of Use are governed by and construed in accordance with the internal law of the Province of Nova Scotia, Canada without reference to its principles of conflicts of laws, and any action arising out of or relating to these Terms of Use shall be filed only in the courts located in Halifax, Nova Scotia; and (ii) for users of the Website domiciled in the United States of America, these Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws, and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in New York County, New York. You hereby consent and submit to the exclusive personal jurisdiction of the applicable courts set forth above for the purpose of litigating any such action.

14. Privacy

Your use of the Website is subject to Factly’s Privacy Notice, which is available at  http://www.Factly.ai/privacy-policy/

15. Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Notice and constitute the entire agreement with respect to access to and use of the Website and the Content. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

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