ALPHA PROGRAM TERMS AND CONDITIONS
(Version 1.1, Revised March 31, 2009)
BEFORE USING THE FACTERY WEB SITE OR SERVICES, PLEASE READ THESE PROGRAM TERMS AND CONDITIONS. By accessing or using FACTERY's Web site or services (collectively 'Services') in any manner, you ('Tester') thereby acknowledge that you have read, understood, and agree to be bound by the terms and conditions described herein.
Modification of Terms.
FACTERY reserves the right to change or modify these terms or its Alpha Program (the 'Program') at any time for any reason at its sole discretion. Your use of FACTERY's Services after any such change or modification is posted to these terms and constitutes your acceptance of the new terms. It is your responsibility to regularly check for changes to these terms and to review such changes.
License.
FACTERY grants to Tester a non-exclusive, non-transferable, terminable license to use the Services solely for the purpose of this Program subject to the term and conditions below. Tester agrees to notify FACTERY of problems, suggestions, ideas for enhancements or other similar feedback that come to Tester's attention during the period of this Program, and hereby assigns to FACTERY all rights, title and interest to any such feedback and all property rights therein. All feedback shall be the property of FACTERY and may be used or not used at its discretion.
Non-commercial Use.
FACTERY Services are provided for your personal, non-commercial use and may not be used in connection with any commercial activities without the approval of FACTERY.
Program Changes and Termination.
FACTERY reserves the right, in its sole discretion, with or without prior notice and without liability, to discontinue any aspect of the Program or Services and/or to suspend or terminate access to any or all parts of this Web site at any time, for any or no reason. Tester may stop using the Services at any time. FACTERY may suspend, limit or prohibit Tester's use of the Services at any time for any reason. FACTERY may terminate this agreement upon notice to Tester who shall immediately cease to use FACTERY's Services. If not earlier terminated, this agreement shall expire at the end of the Program.
Registration.
If you register for certain Services, you agree to provide and maintain accurate, up-to-date information and further authorize FACTERY to use the information you submit to provide the Services that you request.
Your Information.
In order to provide the Services, we collect certain information about you. We use and protect that information as described FACTERY's Privacy Statement. FACTERY may access or disclose information about you, including the content of your communications and search queries, to (i) comply with the law or respond to lawful requests or legal process; (ii) protect the rights or property of FACTERY or other third parties; or (iii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of FACTERY employees, customers or the public. We may collect certain information about the performance and your use of the Services. We may automatically collect this information from the computer or mobile device that you use to access the Services. This collected data may personally identify you, or may be combined with other information that may personally identify you. For more detail, please read FACTERY's Privacy Statement at
Your License to FACTERY.
You hereby grant to FACTERY a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, perform and display, in whole or in part, any content or other information submitted by you, including personal information as specifically set forth in FACTERY's Privacy Statement and/or to incorporate it in other works in any form, media or technology now known or later developed.
Misuse.
You will not use the Services for any inappropriate, improper or illegal purpose. You may not distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information made available to you through the Services in violation of applicable law or without obtaining prior written consent of the owners of such proprietary rights. You will obey the law and any rules or codes of conduct or other notices FACTERY provides with respect to the Services. You shall not (i) engage in, facilitate or further unlawful conduct; (ii)use the service in a way that harms FACTERY or any third party; (iii) use any automated process or service to access and/or use the Services; (iv) circumvent, damage, disable, overburden, modify, reroute, impair or interfere with the Services or attempt to do so; (v) interfere or interrupt anyone's use and enjoyment of the Services; or (vi) resell or redistribute any part of the Services without authorization.
Disclaimers and Limitations.
FACTERY's Web site and Services have not been completely tested and will contain defects or deficiencies which may not be corrected. FACTERY's Web site and Services may not operate correctly and may be substantially modified prior to release.
EXCEPT AS SET FORTH BELOW WITH RESPECT TO INDEMNIFICATION, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THIS PROGRAM EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Representations and Warranties.
Tester represents and warrants that Tester is 13 years of age or older, wishes to participate in the Program, and will comply with all applicable law in connection with Tester's use of FACTERY's Services.
FACTERY'S WEB SITE AND SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE'. NEITHER PARTY MAKES ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THIS PROGRAM AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH PARTY'S SOLE LIABILITY FOR BREACH OF THE REPRESENTATION AND WARRANTY ABOVE, AND THE OTHER PARTY'S SOLE REMEDY, SHALL BE THAT THE BREACHING PARTY SHALL INDEMNIFY AND HOLD THE OTHER PARTY HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF THE REPRESENTATION AND WARRANTY, INCLUDING REASONABLE ATTORNEYS' FEES.
Miscellaneous.
Each party is acting as an independent contractor. This agreement shall not be assigned by Tester. This is the entire agreement between the parties with respect to its subject matter, superseding all prior related understandings and agreements, and may only be modified by mutual written agreement of the parties. If a provision is found invalid or unenforceable, all remaining terms shall continue and any failure to enforce a right shall not constitute a waiver. The provisions of this agreement which by their nature would apply after the termination or expiration shall survive termination or expiration of this agreement. This Agreement shall be governed by the substantive law of the State of California, without regard to the conflicts of laws of any jurisdiction.
Notices.
All notices, including notifications of claimed copyright infringement, may be sent by email to or
Acceptance.
If you do not agree to be bound by the terms and conditions of this agreement, do not use or continue to use FACTERY's Services.