These Terms and Conditions of Use are dated 1st December 2010
Welcome to the Factory Jackson Website, factoryjackson.com. Factory Jackson is a sports related publications and media website.
Your acceptance for use of the Factory Jackson website
A. By using and/or visiting the Factory Jackson website, including all content and functionality contained within factoryjackson.com you signify your agreement to
The following are Defined Terms:
‘Material’ means inter alia any 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 posted on the Website by any User
‘Member’ means a person who has registered with the Factory Jackson website.
‘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.
‘Terms’ means the terms and conditions under this Agreement
‘User’ means a Visitor or a Member
‘Visitor’ means a person who simply browses our Website
Website’ means ‘Factory Jackson website
References to ‘we’, ‘our’ or ‘us’ means Factory Jackson
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
D. Warranty and Disclaimer
By using the Factory Jackson website, you agree that it will be at your sole risk. To the full extent permitted by law, Factory Jackson, its officers, directors, employees and agents disclaim all warranties, expressed or implied in connection with the website and your use thereof. Factory Jackson makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any site linked to this site and assumes no liability or responsibility for any (1) errors, mistakes or inaccuracies of content,
(2) Personal injury or property damage of any nature, resulting for your access and usage of the site,
(3) Any unauthorised access to or use of our secure servers and/or any and all personal information and/or and all personal information and/or financial information stored within,
(4) Any interruption or cessation of transmission to or from our website,
(5) Any bugs, viruses, Trojan horses or similar which may be transmitted to or through our website by any third party and/or
(6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e mailed, transmitted, or otherwise made available via the Factory Jackson website, whether based upon warranty, contract, tort or any other legal agreement, and whether or not the company is advised of the possibility of such damages.
You acknowledge that Factory Jackson shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that any risk of harm or damage from the foregoing rests entirely with you.
Factory Jackson does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Factory Jackson website or any hyperlinked website or featured in any banner or other advertising, and Factory Jackson will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers or products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
The website is controlled and offered by Factory Jackson from its facilities in the United Kingdom. Factory Jackson makes no representations that Factory Jackson website is appropriate or available for use in other locations. Those who access or use the Factory Jackson website form other jurisdictions are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Factory Jackson, it’s officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from (i) your use and access to the Factory Jackson website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your User Submissions caused any damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Factory Jackson Website.
G. User obligations
1. You agree not to use the Website for any illegal purposes and agree to use it in accordance with all relevant laws.
2. You agree not to use the Website in a manner that may cause the Website to be interrupted, damaged, or its efficiency or effectiveness to be impaired.
3. You agree not to upload, post on or transmit through the Website
any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
4. You agree 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 conventional on-line web browser.
5. You agree not to upload, post, transmit, broadcast or otherwise disseminate on the Website any Material which is defamatory, libellous, threatening, offensive, obscene, pornographic, excessively violent, inappropriate, improper or that may cause offence or annoyance.
6. 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. 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).
8. 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, except that if you notify us of any abuse of the Website which results in your right, claim or action (for example, you inform us of an offending article which is defamatory of or offensive about you), then we shall remove, delete, modify or alter (as appropriate) the Material in question and may terminate the offending User’s account if appropriate.
H. Third Party Links
We may provide links to third party websites or resources on our Website. You hereby agree that we are not responsible or liable for the availability of such external websites or resources that we do not endorse and are not responsible or liable for their practices and contents (including defamatory, libellous and infringing content).
You agree that your any and all communications and/or transactions with advertisers or merchants found on the Website, including any payment for the delivery of any related goods or services and any other dealings will be at your own liability. You agree not to hold us liable for any loss or damage of any sort incurred as the result of any such dealings.
Member registration and account security
1. To access some features of the Website, you will need to create an account and registering as a Member. You are prohibited from using another Member’s account unless you have permission from the other Member to do so.
2. When registering your details with us for the creation of an account, you must provide true, accurate, up-to-date and complete information. You must notify us of any change in your personal information and/or details. If we find out subsequent to registration of your account that any of the information you have provided is false, inaccurate or misleading, we are entitled to terminate your account.
3. 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.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.
K. Abuse Procedures
You should notify us of any User Submission or Material posted on the Website that is offensive, defamatory, obscene, improper, inappropriate, or breaches copyright. We will endeavour to remove or delete such material promptly and take any further action as we deem necessary, proportionate and appropriate.
L. User Submissions and Material Disclaimer
1. We do not endorse any User Submission or Material or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions and Materials posted by Users on the Website. Neither do we permit copyright, infringing activities, and infringement of intellectual property rights on our Website, and we will remove all User Submissions and Materials if we are notified.
2. We reserve the right to remove User Submissions or Material without prior notice. We will also terminate a User’s access to our Website, if the User is deemed to be a Repeat Infringer.
M. Data Protection
We aim to comply at all times with the applicable and current Data Protection legislation. We will only disclose 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 a legitimate request by a third party (for example, the police) in investigating illegal activities to provide information concerning your activities on the Website.
However, we reserve the right to notify or provide information to a relevant authority if we believe that you have carried out or are in the process of carrying out any illegal activity.
If you agree through activities on the Website to receive information/offers, etc from other third party companies, we may pass your personal information and/or your activities on the Website to other companies.
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 obligations under law and those established by agreement to these Terms.
We may terminate your registration and account with us immediately and without notice (without prejudice to our other rights and remedies) and we may delete your Material and any User Submission and any other data stored on the Website if we believe that you have breached any of the Terms.
O. Law and Jurisdiction
These Terms (as amended from time to time) are exclusively governed by and are construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute or proceedings arising out of or in connection with these Terms. We reserve the right to commence and pursue proceedings in alternative jurisdictions.
Factory Jackson does not collect information from not logged in visitors interacting with the site. A cookie and ip address may be tracked to allow technology to better the visitor experience during a session. Session data is cleared when a browser is closed.
Visitors may receive third party advertising.
Factory Jackson offers the ability to register as a member of the website to enable use of specific functions. Members use their e mail address and other personal information in the process. Your e mail address is never shown to visitors or other members of the community. Age gender and ip information may be used as an identifier during third party advertising.
Factory Jackson never shares your e mail address with any third party.
3. Third Party Advertisers, Links to Other sites
Factory Jackson allows other third party companies to serve advertisements within the Factory Jackson website who use technology to send the advertisements and links that appear on the Factory Jackson website directly to your browser. They automatically receive your ip address when this happens. They may also use other technologies (such as cookies, Java Script or Web Beacons) to measure the effectiveness of their advertisements and to personalise the advertising content you see.
Factory Jackson does not provide any personal identifiable information to these Third-Party ad servers or ad networks without your consent or acceptance as part of a specific programme or feature for which you will have the ability to opt in or opt out. However, please note that if an advertiser asks Factory Jackson to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the factory Jackson website, such as the number of times you viewed an ad (but not personally identifiable information), to determine which ads to deliver to you.