“Expect everyday to best day of your life. Booya!”

- A Modern Age Poet, possibly called Carl or Doc Stenson
The Factor168 Pen

The Small Print

TERMS OF SERVICE

Welcome to the FACTOR168 Site, located at http://factor168.com (the “Website”). This Website is owned and operated by FACTOR168 Limited (Hong Kong) and FACTOR168 PTY LTD (ABN 27 414 513 218) as the Trustee for THE FACTOR 168 TRUST, trading as FACTOR168. Your access to the Website is subject to these terms of use, the FACTOR168 Privacy Policy, and disclaimers of specific parts of the Website (“Terms of Service”). Your use of the Website constitutes your agreement to the Terms of Service.

Please read these Terms of Service carefully before registering or using the Website. If you do not accept these Terms of Service, then you may not use the Website. These Terms of Service are subject to change by FACTOR168 at any time, effective when posted on the Website. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Website. You may use the Website solely for personal and non-commercial purposes only and subject to these Terms of Service, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Products and Services Unless otherwise agreed in writing, the products and services mentioned in these web pages are subject to FACTOR168 Terms and Conditions of carriage and may vary depending on location of the country of origin.

Other FACTOR168 Products and Services. The Website is not intended as a substitute for any other agreements you may have with FACTOR168 or any official documentation provided by FACTOR168 to you, unless we expressly state otherwise. You agree to use the information available on the Website with this in mind and to consult official documentation for any substantive issues.

Acceptable Use Policy. The Website provides you with an opportunity to interact with others and share your photos, ideas, and comments. FACTOR168 expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to FACTOR168 at admin {at} factor168 {dot} com 

You are solely responsible for the content, information and other materials, including without limitation, photos, that you post on the Website (“Content”) and agree that you will not hold FACTOR168 responsible or liable for any Content from other users that you access on the Website.
We believe it is our commitment and duty to present respectful, truthful and accurate information. Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

is inaccurate, false or misleading in any way;

is defamatory, abusive, obscene, profane or offensive;

infringes or violates another party’s intellectual property rights (such as uploading materials for which you do not have written authority from the owner of such materials, or any materials depicted therein, to post on the Website);

violates any party’s right of publicity or right of privacy (You should not include any other person’s likeness or personal information in your Content unless you have that person’s written permission);

is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

is illegal or promotes any illegal activities;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You may not post any telephone numbers, street addresses, email addresses, employment information, or any other non-public information of any third party.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website.

Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Website to any third party.

No Content Monitoring. FACTOR168 is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Acceptable Use Policy. FACTOR168 will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that FACTOR168 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Website.

Accuracy of Information
Whilst every effort is made to ensure that this website is free from technical inaccuracies or typographical errors, FACTOR168 accepts no liability for such errors and/or omissions. Inadvertent inaccuracies or typographical errors will be corrected at FACTOR168 discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. FACTOR168 excludes any obligation or responsibility for this content.

FACTOR168 reserves the right to alter any of the information on this website, at any time, without prior notification to any third party.

Your License to FACTOR168. You hereby grant FACTOR168 a perpetual license to use, redact, republish, modify, copy, create derivative works, perform and distribute your content including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. You grant FACTOR168 the right to use your name and likeness, if you have publicly identified yourself with such Content.

Termination of Access. In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Links to and from other sites FACTOR168 is not responsible for the content of any other websites or pages linked to or linking to this Website. FACTOR168 does not endorse or otherwise sponsor such links. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services and such links are provided solely for your convenience and information. Despite any links that might exist on the Website, we do not endorse and are not affiliated with such third parties.

Following links to any other websites or pages shall be at your own risk and FACTOR168 cannot accept responsibility for any other website use and content, which the visitor may access through the FACTOR168 website. FACTOR168 disclaim any responsibility for any views expressed on any website(s) which may be linked to this website.

Our Proprietary Rights. FACTOR168 are the exclusive owners of all copy, software, graphics, designs and all copyrights, brandmarks, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by the FACTOR168 and it’s holdings.

Disclaimer Warranties. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND FACTOR168 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if FACTOR168 is otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed five Australian dollars (AUD $5).

Indemnity. You agree to defend, indemnify and hold harmless FACTOR168, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Service, (ii) your Content, (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by FACTOR168) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the state of Queensland, Commonwealth of Australia, shall govern these Terms of Service. You hereby expressly consent to the exclusive jurisdiction and venue in the courts located in Brisbane, Queensland, for all matters arising in connection with these Terms of Service and/or your access or use of the Website.

Any claims asserted by you in connection with the Website must be asserted in writing to FACTOR168 within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Contact Information and Your Comments.
FACTOR168 wants your feedback and appreciates your ideas and suggestions but is unable to answer every comment individually. FACTOR168 will be free to use and act on any information you submit and reserves the right to moderate as it sees fit.

FACTOR168 endeavours to provide accurate and up-to-date information. If you have any comments or queries, please contact us:

By email: admin {at} factor168 {dot} com 

By mail:
FACTOR168
PO Box 1681
Carindale, Q, 4152 Australia

Terms of Service last updated on: January 1st, 2012