Last Updated 15th May 2020
Welcome to A&R Factory!
A&R Factory values your privacy. This notice describes what information we collect, how we use it, and, if necessary, those with whom we share it.
The personal data of the users that are collected and processed through the website:
Will be under responsibility and in charge of:
(Hereinafter referred to as A&R Factory).
TYPES OF INFORMATION GATHERED
The information we learn from customers helps personalize and continually improve your experience at A&R Factory. Here are the types of information we gather:
Information You Give Us. You provide information when you search, read and watch the content, make a submission, buy a product, service or package and/or communicate with us. As a result of those actions, you might supply us with the following information:
- First and last name
- Email address
- Profile information (Facebook, Spotify, etc.)
- Telephone Number
- IP address
- Payment Information
- Any additional information relating to you that you provide to us directly through our websites or indirectly through our websites or online presence such as ‘cookies’.
A&R Factory will not collect any personally identifiable information about you, unless you provide it.
Payment information: Your credit card information or payment information, will be processed by PayPal and Stripe (payment platforms), which will treat and safeguard your data with total security and with the exclusive purpose of processing the purchase of the products services and packages. A&R Factory reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products, services and packages.
Automatic Information. Like many websites, we use “cookies.” We obtain certain types of anonymous information which is not personally identifiable when your web browser accesses, A&R Factory or third-party content served by or on behalf of A&R Factory on other websites. Some of the information we collect and analyze includes the Internet protocol (IP) address; computer and connection information such as browser type, version, and connection speed; purchase history; and the products you searched for, viewed, and possibly purchased.
HOW LONG WE KEEP YOUR DATA
Personal data will be kept for the time necessary for the provision of the products and services or as long as the interested party does not withdraw their consent.
HOW WE USE YOUR INFORMATION.
In general, we use the information we collect primarily to provide, maintain, protect and improve our current website and products and to develop new products and services. We use personal information collected through our site as described below and described elsewhere in this Policy to:
- Identify you as a user in our system.
- Profile submissions.
- Music submissions.
- Process payments.
- Provide the products (eBooks).
- Provide the services (music entertainment services and consultancy services).
- Improve our products, services, website, and how we operate our business.
- Understand and enhance your experience using our website and products.
- Respond to your comments or questions through our support team.
- Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages.
- Communicate with you about upcoming events, offers and news about products and services offered by A&R Factory’s website and our selected partners.
- Marketing purposes of A&R Factory.
- Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service.
- Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
HOW DO YOU GET MY CONSENT?
By submitting a profile, placing an order for a product or service and provide us with personal information to communicate with you, you agree that we collect and use your information. You can withdraw your consent, contact us through the contact information or the contact page.
On our website you will find links and functions linked to different social networks, in which you can share your information.
- Facebook: https://www.facebook.com/privacy/explanation
- Instagram: http://instagram.com/about/legal/privacy/
- Twitter: https://twitter.com/privacy
- LinkedIn: https://www.linkedin.com/legal/privacy-policy
- Google: https://policies.google.com/privacy
HOW WE SHARE INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
Third-Party Service Providers. We employ other companies and individuals to perform functions on our behalf. Examples include process payments (PayPal and Stripe), sending email, analyzing data, providing marketing assistance, providing search results and links. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Protection of A&R Factory and others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms and conditions and other agreements, or protect the rights, property, or safety of A&R Factory, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent. Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Anonymous Information. A&R Factory uses the anonymous browsing information collected automatically by our servers primarily to help us administer and improve the Website. We may also use aggregated anonymous information to provide information about the Website to potential business partners and other unaffiliated entities. This information is not personally identifiable.
Email Address. The email address that you supply to us for purposes of receiving our email communications will never be rented or sold to a third party.
PROTECTING YOUR INFORMATION
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. If transactions are processed on the Website, transaction information is transmitted to and from the Website in encrypted form using industry-standard SSL connections to help protect such information from interception. We restrict authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information.
A&R Factory follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once A&R Factory receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while A&R Factory strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so.
You have the following rights in relation to your personal data provided to A&R Factory:
- Access your personal data.
- Request the correction of inaccurate data.
- Request its deletion.
- Request limitation of the processing of your data.
- Oppose the treatment of your data.
- Request your portability.
- Not be subject to automated individual decisions.
The Users can exercise all these rights contacting us through the contact information or the contact page and indicating the reason for his request.
Without preconception to any other administrative appeal or legal action, the user shall have the right to submit a claim to a control authority, in particular in the State in which he or she has their habitual residence, place of work or place of the alleged infringement, If you consider that the processing of your personal data is not appropriate to the regulations, as well as in the case of not seeing the exercise of your rights satisfied. The control authority in which the claim was filed will inform the claimant about the course and result of the claim.
EU MEMBERS’ RIGHTS (GDPR COMPLIANT)
If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances.
We describe these rights below:
- Access and Porting: You can access your information at any time.
- Rectify, Restrict, Limit, Delete: You can also rectify, restrict, limit or delete much of your information by contact us.
- Object: Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
- Revoke consent: Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
- Complain: Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Additionally, if you are a European resident, we note that we are processing your information in order to fulfil contracts we might have with you or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.
You can see more about these rights at:
CHILDREN’S ONLINE PRIVACY PROTECTION
We are in compliance with the requirements of the Data Protection Act 2018 (UK regulation) and the GDPR (General Data Protection Regulation – European regulation) regarding the protection of the personal data of minors. We do not collect any information from anyone under 13 years of age. Our website and products are all directed to people who are at least 18 years old or older.
EDITING AND DELETING INFORMATION
If you believe that any information, we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. You can change, modify, rectify and delete your Information at any time, please contact us through the contact information.
To opt-out of A&R Factory email, follow the instructions included in the email. Your request should be processed within 48 hours.
SUPPLIERS AND OTHER THIRD PARTIES
(Hereinafter referred to as “A&R Factory”).
The information collected through cookies will be under responsibility and in charge of:
WHAT ARE COOKIES?
“Cookies” are small text files that are stored on your computer or mobile device when you visit a website.
They allow the website to recognize your device and remember if you have been to the website before.
Cookies are used to measure which parts of the website people visit and to customize your experience. Cookies also provide information that helps us monitor and improve the website’s performance.
If you do not want Cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject the setting of all or some Cookies and to alert you when a Cookie is placed on your device. For further information about how to do so, please refer to your browser ‘help’, ‘tool’, or ‘edit’ section. Please note that if you use your browser settings to block all Cookies, including strictly necessary Cookies, you may not be able to access or use all or parts of the functionalities of A&R Factory website.
If you want to remove previously-stored Cookies, you can manually delete the Cookies at any time. However, this will not prevent A&R Factory website from placing further Cookies on your device unless and until you adjust your Internet browser setting as described above.
We provide the links for the management and blocking of cookies depending on the browser you use:
- Internet Explorer: http://windows.microsoft.com/es-xl/internet-explorer/delete-manage-cookies#ie=ie-10
- Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
- Chrome: https://support.google.com/chrome/answer/95647?hl=en
- Safari: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
Cookies help us to collect information on how people use our website and which pages they visit. They enable us to monitor the number of visitors and to analyze website usage patterns and trends.
We collect this information anonymously, so it does not identify anyone as an individual and no personal information is stored in our Cookies. We always use Cookie data in a responsible way.
Our aim is to continually improve A&R Factory online experience. Cookies help to make our website work better and more efficiently. However, you can stop Cookies from being downloaded to your device from A&R Factory at any time by selecting the appropriate settings in your browser. Most browsers will tell you how to change your browser settings to notify you when a Cookie is being set or updated, or to restrict or block certain types or all Cookies.
Third-party cookies may come from partners that provide functional web tools for our site, other website where we advertise and from social networks.
A&R Factory may contract with third-party service providers to send e-mails to users who have provided us with their contact information. To help measure and improve the effectiveness of our e-mail communications, and/or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users.
Session Cookies are temporary and deleted from your machine when your web browser closes. We use session Cookies to help us track internet usage for improvement of our website.
The data collected by A&R Factory website and/or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes mentioned above.
USES OF COOKIES
Our Cookies are used for the following purposes:
Strictly Necessary: These Cookies are essential for A&R Factory website to perform its basic functions.
Security: We use these Cookies to help identify and prevent potential security risks.
Analytics and Performance: Performance Cookies collect information on how users interact with our website, including what pages are visited most, as well as other analytical data. We use these details to improve how our website function and to understand how users interact with them.
Advertising: These Cookies are used to display relevant advertising to visitors who use our services or visit website we host or provide, as well as to understand and report on the efficacy of ads served on our website. They track details such as the number of unique visitors, the number of times particular ads have been displayed, and the number of clicks the ads have received. They are also used to build user profiles, including showing you ads based on products you’ve viewed on our website. These are set by A&R Factory and trusted third party networks and are generally persistent in nature.
TERMS AND CONDITIONS
These are the terms and conditions for:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of A&R Factory. By using A&R Factory, you agree to be bound by this agreement. If you do not accept the terms of this Agreement, you should leave A&R Factory websites and discontinue use of the platform immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on A&R Factory. You agree to be bound by any modification to this agreement when you use A&R Factory after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Company may, in its sole discretion, refuse to offer the platform to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the platform and services only if you can form a binding contract with A&R Factory, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website and platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
A&R Factory offers through this web site the following products and services:
- Music Reviews,
- Consultancy services
- Music promotion packages
- Music entertainment services
For more information about our services and products, please contact us, through our contact page, our support team will be attentive and available to answer your questions and concerns.
When you place an order for a music package, you are offering to buy the package for the advertised price declared on the website, in accordance with the features offered on A&R Factory website. Please check the price and characteristics of the music package, before placing an order. When a website user with the intent to purchase a music package on the website, places an order, A&R Factory will send that user an email to confirm that the order has been received. This email confirmation will be produced automatically so that the user has confirmation of their order details. A&R Factory may cancel any sale and not supply services if it is reasonable to do so and may change or discontinue the availability of the packages at any time at its sole discretion. This does not affect your Statutory Rights.
SHOPPING ON THE WEBSITE (eBooks)
When you place an order for an eBook, you are offering to buy the eBook for the price advertised and stated on the website as at the time of purchase.
When a user with the intent to purchase the eBook on the website, places an order online, A&R Factory will send that user an email to confirm that the order has been received. This email confirmation will be produced automatically so that the user has confirmation of their product order details. The product will be available for download immediately the user makes the payment and receives the confirmation.
A&R Factory may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.
A&R Factory reserves the right to determine pricing for packages, products and services. A&R Factory will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. A&R Factory may change the fees for any service, product or package, including additional fees or charges. A&R Factory, at its sole discretion, may make promotional offers with different features and different pricing to any of A&R Factory users.
All payments to A&R Factory are handled securely. services, products or packages will be paid through “Stripe” and “PayPal” (payment platforms available on A&R Factory.
Payment will be debited from your credit card, debit card or PayPal account, immediately on you placing the order. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services, products and packages. A&R Factory reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services, products and packages.
LICENSE TO USE THE PLATFORM
A&R Factory gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by A&R Factory as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by A&R Factory, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The User agrees not to use the platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the A&R Factory website or third parties.
Even though we work very hard to provide you with up-to-date information, we make no representations or warranties of any kind (expressed or implied) about the completeness, accuracy, reliability, suitability or availability of any information, products, services or related images, music reviews, photographs, graphics contained on A&R Factory website for any purpose. Our aim to provide you with accurate information at the time of publishing, but some information will understandably be less accurate as time passes. Should you find any inaccurate information, please do not hesitate to contact me, and we can update said info as soon as possible.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
RESALE OF SERVICES
Users may not resell any portion of the content or the functionality of the platform, to any other party without prior written permission from A&R Factory, which may be granted or withheld in A&R Factory sole discretion.
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of A&R Factory, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of A&R Factory and protected by international copyright laws. All software used on this site is the property of A&R Factory or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
A&R Factory respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the A&R Factory website infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that A&R Factory may find it on the A&R Factory Site. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Certain features of the website may permit users to submit content (profile and music) and to publish user content on the website. You retain any Copyright that you may hold in the user content that you submit to the website. Nevertheless, we need certain permission from you in order to publish the content. By providing user content to or through the service, you grant A&R Factory a worldwide, non-exclusive, royalty-free, fully paid (with right to sublicense) right and license to host, store, transfer, display, perform, and reproduce your user content, in whole or in part, in any media formats and through any media channels now known or later developed, solely for the purpose of fulfilling A&R Factory’s business purposes and for uses authorized by the users.
By submitting their profile, the user authorizes A&R Factory to use photos from Facebook, Spotify, and other networks for the sole purpose of publishing their music profile on the website. A&R Factory does not accept claims from users for the use of photos on their music profile.
USER CONTENT REPRESENTATIONS AND WARRANTIES
A&R Factory disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the Service. By providing user content via the Service, you affirm, represent, and warrant that:
- a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize A&R Factory and users of the Service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by A&R Factory, the Service, and these Terms.
- b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause A&R Factory to violate any law or regulation.
- c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
- d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this website is at your own risk.
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to A&R Factory or licensed to the A&R Factory by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. Additionally, you agree not to:
- Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by A&R Factory;
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of the Services for any purpose without our express written permission;
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by A&R Factory in connection with the services;
- Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- Download any Content unless it’s expressly made available for download by A&R Factory.
DISCLAIMER OF WARRANTIES
A&R Factory will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet A&R Factory provides and maintains The Website on an “as is”, “as available” basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our Website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use The Website in breach of these terms you will be liable to and will reimburse A&R Factory for any loss or damage caused as a result.
A&R Factory will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, A&R Factory excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to A&R Factory and A&R Factory shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on A&R Factory;
- Any interruptions to or delays in updating A&R Factory;
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of The Website or any product or service purchased through the website;
- Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from The Website, or from transmissions via emails or attachments received from A&R Factory.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
A&R FACTORY AND THIRD PARTIES
A&R Factory contains Content of third-party licensors to A&R Factory, which is protected by copyright, trademark, patent, trade secret and other laws. A&R Factory owns and retains all rights, title and interest in the Content. A&R Factory hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through A&R Factory or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing A&R Factory and using the Service.
Any dealings with third parties included within or on A&R Factory involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. A&R Factory is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on A&R Factory does not constitute an endorsement or recommendation of such third party or the product or services of such third party by A&R Factory or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on A&R Factory is provided to you for informational purposes only. A&R Factory encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While A&R Factory works to ensure the information on A&R Factory is current and accurate.
The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by A&R Factory. Unauthorized framing of or linking to any of A&R Factory is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
You understand that A&R Factory and software embodied within A&R Factory may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by A&R Factory and/or content providers who provide content to A&R Factory platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into A&R Factory.
No responsibility will be accepted by A&R Factory for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify A&R Factory from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the A&R Factory website, platform and services.
- The purchase of subscriptions.
CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by A&R Factory without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the A&R Factory website, will be settled by binding arbitration between you and A&R Factory, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and A&R Factory are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and A&R Factory otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of UK and The European Union. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.