Terms of Service

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Last updated: February 22, 2015

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://factmint.com website, Factmint Charts or any other software (the “Service”) operated by Factmint Ltd (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

About Factmint

Factmint is a limited company, registered in England and Wales. Our company registration number is 07650428. Factmint’s VAT registration number is 139569469. Factmint’s registered address is 19 Shepherd’s Hill, London, United Kingdom, N6 6QJ.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Factmint Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or for any other reasons determined by Factmint Ltd to be detrimental to it or its business interests. You expressly agree that Factmint Ltd cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences and we shall not be held liable in any way in relation to any mispriced, inaccurately described or unavailable product or service.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Factmint Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Factmint Ltd.

Factmint Charts

There are a number of terms and conditions that you must agree to in order to use the Factmint Charts service.

Through the action of registering a domain, subscribers to Factmint Charts declare that they are either the owner of that domain, or have the domain owner’s permission to register for the service. Factmint will immediately suspend the account of any subscribers who are found to have registered domains to which they are not entitled. If you are concerned that a third party has registered one of your domains, first check with others at your organisation: if no registration is believed to have been undertaken by you or any of your colleagues, please contact Factmint.

Subscribers to Factmint Charts must agree to notify their users in any necessary privacy policies, terms of service, and/or any other agreements that use of their service where Factmint Charts has been implemented may result in a number of small files being downloaded to said users’ web browsers in order to render the data visualization they are attempting to access.

Factmint in no way warrants or guarantees that any files downloaded to a user’s web browser as a result of using this service will function correctly or as expected. Factmint cannot be held liable for any problems, including, but not limited to, personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing as a result of any files originating from Factmint’s servers being downloaded, or not downloaded to a user’s web browser.

Factmint offer no warranty that files dispatched from their servers will reach the web browser that they were intended for. Factmint do not offer any warranty that files sent from their servers will reach their destination intact nor do they offer any warranty that said files will not be intercepted or altered by a third party.

Factmint reserve the right to log messages to the console output in a user’s web browser stating that the rendering of any data visualization has been provided by Factmint.

Factmint cannot be held liable in any way if use of the Factmint Charts service constitutes any breach of any law or protocol in the territory of the subscriber, their users, or the territory or territories in which any services they provide are hosted.

Factmint reserve the right to change the prices charged for any tiers of service that they currently provide, or may provide in future.

If the DNS record of a subscriber’s domain changes at any point, it is the responsibility of the subscriber to update their list of registered domains in their account with Factmint.

For users of the ‘free’ tier of Factmint Charts, every visualization rendered using Factmint’s service must carry the attribution to Factmint that is bundled with each file; this attribution may any form and may contain a link to any domain(s) run by Factmint. Factmint reserves the right to change the design or wording or any attribution and also the destination of any link included in this attribution.

Any attempt to circumvent or bypass Factmint’s limitations of service or payment mechanism for any tiers of service that it offers at present or at any time in the future will result in immediate termination of the subscriber’s account; relevant authorities in the United Kingdom will be notified, as will authorities in the subscriber’s territory and/or any territory or territories that the subscriber’s domains are hosted in.

Refunds for subscriptions to Factmint Charts will be solely at the discretion of Factmint Ltd. Factmint Ltd will not offer any refunds for subscriptions if an account is terminated due to misuse by a subscriber or by any party operating on their behalf.

Certain parts of Factmint’s system used to deliver the Factmint Charts service may rely on caches that are set to reset or rebuild at particular times. These times will be governed by the UTC time zone. By using the Factmint Charts service you recognise and accept that the UTC time zone may be different to the one that you are based in, that your domain is hosted in or that your users may be based in and that this may affect your users who are based in timezones other than UTC. As Factmint may use cached versions of the JavaScript and CSS files to deliver the service to users, any updates or bug fixes to plugin components may not be delivered to user’s browsers until such caches are repopulated with updated files.

Fair Usage Policy & Terms Relating to Commercial and Non-Commercial Use

The Factmint Charts service is provided solely at Factmint’s discretion and may be entirely withdrawn at any time.

The free tier of Factmint Charts will permit subscribers to use the Factmint Charts service to render data visualizations for purely non-commercial purposes.

Commercial domains may be registered for a 30-day free trial, after which provision of the service will be blocked pending purchase of a licence for continued use. Factmint reserve the right to contact the subscribers of commercial domains with regard to discussing a licence for use of the Factmint Charts service.

If you are a heavy user of the free tier of the Factmint Charts service, Factmint reserve the right to contact you to discuss provision of the service.

Factmint reserves the right to ration or suspend provision of the Factmint Charts service to any domain registered by any subscriber for any reason, without prior notice.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Factmint Ltd.

Factmint Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Factmint Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Factmint Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Factmint Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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 we have 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.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Factmint Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Factmint Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Factmint Ltd or any person for whom Factmint Ltd is responsible, and even if Factmint Ltd has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of and before the courts of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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