The Factionary Terms of Service was updated on Friday, December 20, 2019.
Welcome to Factionary LLC, your use of our services is important to The Factionary so we’ve developed these Terms of Service that governs how both parties (you and The Factionary) would interact mutually.
In addition to this Terms of Service, we provide data and privacy information imbedded in our products connected with our Data & Privacy Icon for certain features that ask to use your personal information.
You can review this information before enabling these features online at factionary.com/terms; Please take a moment to familiarize yourself with our terms practices and contact us if you have any questions.
Table Of Content
- Acceptance Of Terms
- Your Account, Password, And Security
- Use Of The Services
- External Links To Other Websites
- Communications And Interactive Features
- Community Guidelines For Interactive Features
- Violation Of These Terms
- Digital Millennium Copyright Act
- Terms Of Service Modifications
- Contacting The Factionary
Welcome to Factionary LLC, (“The Factionary,” “We,” “Us,” and “Our”). These Terms Of Service (collectively, the “Terms,” or “Agreement”), govern the use of The Factionary website located at factionary.com/, or any subdomains thereof (collectively, the “Website”), Our mobile application (the “Application”), Our website, Our mobile application, and any services offered through the Website, Application, Products, and/or Services, (collectively, the “Products,” or “Services”), by The Factionary, or it’s parent, subsidiaries and affiliates. The Website is the property of Factionary LLC, and it’s licensors.
Acceptance Of Terms
BY USING OR ACCESSING THE FACTIONARY WEBSITE, THE APPLICATION, AND/OR THE SERVICES, YOU AGREE AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE, APPLICATION, AND/OR SERVICES.
The Factionary reserves the right, at it’s sole discretion, to change, modify, add or remove portions of these Terms, or any part thereof, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, The Factionary grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
In addition to these Terms, your use of and access to content provided on the Website or through the Application may be governed by additional terms, policies and/or agreements. The Factionary may also have separate agreements in place with its content providers that may modify or otherwise amend these standard Terms.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to The Factionary, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without The Factionary express prior written consent.
You may use information on The Factionary Products and Services (such as data sheets, knowledge base articles, and similar materials) purposely made available by The Factionary for downloading from the Website, provided that you:
- Not remove any proprietary notice language in all copies of such documents;
- Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
- Make no modifications to any such information; and
- Not make any additional representations or warranties relating to such documents.
License to Content: Unless otherwise agreed, and subject to any other applicable terms relating to the provision of the Content, any content providers or users who submit or otherwise provide materials posted on or through the Website and/or Application, grant The Factionary, and its related companies and any assignees and licensees of The Factionary, a royalty-free, perpetual, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such content (in whole or in part) as long as such use is consistent with the general digital and online purpose of the Website, Application and/or Services.
You warrant that such content is accurate and not misleading, and that use and posting or other transmission of such content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant The Factionary the right to pursue at law any person or entity that violates The Factionary’s rights or a third-party’s rights in the Content by a breach of these Terms.
Third-Party Content: With respect to third-party content available on or through the Website and/or Application, The Factionary distributes content supplied by third-parties and/or users. Any opinions, advice, statements, services, or other information or content expressed or distributed through this Website and/or Application are those of the respective author(s) or publisher(s) and not of The Factionary.
Neither The Factionary nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its fitness for any particular purpose. The Website and/or Application is for informational and educational purposes only, but not limited to. The Factionary may index or otherwise tag, highlight, or excerpt submitted and/or curated content for the purpose of promoting and enhancing Our educational and informational purpose.
However, The Factionary neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website and/or through the Application by any third party. Under no circumstances will The Factionary be liable for any loss or damage caused by your use or reliance on information obtained through the Website and/or Application.
The Factionary is not responsible for any actions or inaction on your part based on the information that is presented on or through the Website and/or Application. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available on or through the Website and/or Application.
Intellectual Property Ownership: The Factionary respects the intellectual property rights of it’s content providers and other third-parties and wants its users to do the same. The Website and/or Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to: video, text, software, photos, and graphics. Most of this content, as well as the selection and arrangement of such content is or may be protected by the copyright laws of the United States and other countries.
The Factionary has rights in the selection, coordination, arrangement and enhancement of such content on its Website and through its Application, as well as in the content presented at the Website and/or within the Application that is original to it. Third-Party videos and curated content presented through the Website and/or Application are and will remain the intellectual property of Our content providers.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. By using the Website, Application and/or Services, you acknowledge that you do not acquire any ownership rights by downloading, displaying, distributing or viewing copyrighted material from the Website and/or within the Application.
Trademark: The Factionary, it’s parent, subsidiaries and affiliates, owns or licenses all rights in and to the trademarks and logos used in connection with the Website and/or Application. All other logos and trademarks appearing on the Website and/or Application, or within the Content posted on the Website and/or accessible through the Application are the property of their respective owners.
To obtain access to certain services on The Factionary Websites, you may be given an opportunity to register with the Website. As part of any such registration process, you may select a username and a password. You agree that the information you supply during that registration process will be accurate and complete. You also agree not to:
- select, register, or attempt to register, or use a username of another person with the intention of impersonating that person;
- use a username of anyone else without authorization;
- use a username in violation of the intellectual property rights of any person; and
- use a username that The Factionary considers to be offensive.
The Factionary reserves the right to reject or terminate any username or password that, in its judgment, it deems offensive. You may also choose to register for our Website and/or access our Application using your Facebook, Twitter or Google account. If you choose to do so, you may allow content from your Factionary account to be shared through your Facebook or Twitter account. Any such content you share through Facebook, Twitter or Google account will be governed by their respective terms and privacy policies.
You will be responsible for preserving the confidentiality of your account details and will notify The Factionary of any known or suspected unauthorized use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorization, you should notify The Factionary immediately.
Your Accounts, Passwords, And Security
Certain features or services offered on or through the Website and/or Application may require you to open an account (including setting up a The Factionary account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify The Factionary immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by The Factionary or any other user of or visitor to the Website due to someone else using your account, password or account as a result of your failing to keep your account information secure and confidential.
Use Of The Services
By using the Website, Application, and/or Services you agree not to:
- interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users or posting private information about a third-party;
- upload, post or otherwise transmit to The Factionary any content, including any software or other materials which contain a virus or other harmful or disruptive component;
- interfere with or disrupt the Website and/or the Application or the servers or networks connected to the Website and/or Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Application;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website and/or Application.
Any conduct that, in The Factionary’s sole discretion, restricts or inhibits anyone else from using or enjoying the Website, Application and/or Services will not be permitted. The Factionary reserves the right in its sole discretion to remove content and/or to terminate access to the Website, Application and/or Services for any reason.
External Links To Other Websites
The Factionary Website and/or Application may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Our visitors. Such Linked Sites are not under The Factionary’s control, and The Factionary is not responsible for and does not endorse or make any representations or warranties concerning, and will not in any way be liable for, any content products, services, software, or other materials available on such Linked Sites, even if one or more pages of the Linked Sites are framed within a page of this Website, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Communications And Interactive Features
Occasionally, users may wish to communicate with The Factionary and/or send information users think is useful to The Factionary’s mission. In addition, The Factionary may provide comments sections, discussion forums, bulletin boards, communications tools, or other interactive features (collectively, ”Interactive Areas”) in which visitors may post or upload comments or user-generated content relevant to the Website and/or Application (collectively all such submissions, including information users may send in hard copy or by email, shall be referred to as “User Content”).
By submitting User Content you represent that such User Content complies with these Terms and that either (i) you are over the age of majority in your country or state of residence, or (ii) if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate on the Website and/or use the Application, and fulfill the obligations set forth in these Terms, which forms a binding contract between you and The Factionary.
Community Guidelines For Interactive Features
The Factionary reserves the right in it’s sole discretion to remove or edit User Content authored by you and to terminate your access to Our Website for any reason. The Factionary is not responsible for User Content submitted to the Website and/or Application or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of the Website and/or Application.
If you submit any User Content or participate in any Interactive Areas within or in connection with the Website and/or Application, you agree not to upload, post or otherwise transmit any User Content that:
- Violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- Is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
- Contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene;
- Advocates or provides instruction on illegal activity;
- Contains advertising or any solicitation with respect to products or services;
- Tends to indicate that you are impersonating another person or entity, or misrepresent that you are affiliated with another person or entity that you do not legitimately represent, including, but not limited to, any Factionary employee;
- Is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right.
The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by The Factionary, in it’s sole discretion, to have violated the intellectual property or other rights of others may be barred from submitting or posting any further material on the Website and/or through the Application.
Monitoring: The Factionary shall have the right, but not the obligation, to monitor use of it’s Website and/or Application, including, if applicable, any content posted or uploaded to the Website and/or through the Application, to determine compliance with these Terms and any operating rules established by The Factionary and to satisfy any law, regulation or authorized government request. The Factionary reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Website and/or through the Application at any time and for any reason.
Disclaimer, Warranty, And Liability
[A] [THE FACTIONARY] DISCLAIMS ANY AFFILIATION WITH ANY SCHOOL, INCLUDING UNIVERSITIES, COLLEGES OR ANY INSTITUTE OF ACADEMIC LEARNING, TO PROVIDE ACADEMIC INSTRUCTIONS TO THE USERS OF THE WEBSITE, AND/OR APPLICATION. THE FACTIONARY IS AN ONLINE E-LEARNING MEDIA DESIGN TO ASSIST ONLINE USERS TO LEARN ABOUT FACTS AND IDEAS FOR EDUCATIONAL PURPOSE. YOUR USE OF OUR WEBSITE, AND/OR APPLICATION IS AT YOUR SOLE DISCRETION.
[B] [THE FACTIONARY] DOES NOT WARRANT THAT ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE, AND/OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; OR MAKE ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED, THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE PROVIDED THROUGH THE WEBSITE AND/OR APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, AND/OR APPLICATION IS AT YOUR SOLE RISK.
[C] [THE FACTIONARY] IS NOT LIABLE FOR ANY ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE, AND/OR APPLICATION. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST [THE FACTIONARY] FOR DISSATISFACTION WITH ANY CONTENT IS TO STOP USING THE WEBSITE, AND/OR APPLICATION. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
[D] IN NO EVENT WILL [THE FACTIONARY] IT’S PARENT, SUBSIDIARIES, AFFILIATES, ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND/OR APPLICATION BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, AND/OR APPLICATION.
[E] THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY AND/OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
Violation Of These Terms
The Factionary may disclose any information We have about you (including your identity) if We determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website and/or Application, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Factionary’s rights or property, or the rights or property of visitors to or users of the Website and/or Application, including The Factionary’s users.
The Factionary reserves the right at all times to disclose any information that The Factionary deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Factionary also may disclose your information when The Factionary determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that The Factionary may preserve any transmittal or communication by you with The Factionary through the Website and/or Application, or any service offered on or through the Website and/or Application, and may also disclose such data if required to do so by law, or The Factionary determines that such preservation or disclosure is reasonably necessary to:
- comply with legal process,
- enforce these Terms,
- respond to claims that any such data violates the rights of others, or
- protect the rights, property or personal safety of The Factionary, it’s employees, users of or visitors to the Website and/or Application, and the public.
You agree that The Factionary may, in it’s sole discretion and without prior notice, terminate your access to the Website and/or Application, and/or block your future access to the Website and/or Application, if We determine that you have violated these Terms, or other agreements or guidelines which may be associated with your use of the Website and/or Application.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Factionary, for which monetary damages would be inadequate, and you consent to The Factionary obtaining any injunctive or equitable relief that The Factionary deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Factionary may have at law or in equity.
You agree that The Factionary may, in it’s sole discretion and without prior notice, terminate your access to the Website and/or Application, for cause, which includes, but not limited to:
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification of the Website and/or Application, or any service offered on or through the Website and/or Application, or
- unexpected technical issues or problems.
If The Factionary does take any legal action against you as a result of your violation of these Terms, The Factionary will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Factionary. You agree that The Factionary will not be liable to you or to any third-party for termination of your access to the Website and/or Application as a result of any violation of these Terms.
Digital Millennium Copyright Act
The Factionary respects the rights of all copyright holders and in this regard, The Factionary has adopted and implemented a policy that provides for the protection of copyrighted works. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Factionary’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;
- 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;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your Digital Millennium Copyright Act notice to: see address below.
These Terms shall be construed in accordance with the laws of the state of [ . . . ], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Terms Of Service Modifications
The Factionary may modify these Terms at any time, and will post any updates to Our Services. When We change these Terms in a material way, a notice will be posted on Our Website along with the updated Terms. We will also contact you via your contact information on file, for example by email, notification or some other equivalent method. These Terms was last updated as of the “Last Modified” date above. We therefore encourage you to review this page frequently for any changes.
Contacting The Factionary
If you have any questions or comments about these Terms, please contact Us using the information below.
The information contained in this website is subject to change without notice.