TERMS OF USE

Effective as of 9 November 2017

1. Preamble

Welcome, and thank you for your interest in Food Factory Project Limited ("Food Factory", "we", "our", or "us"). Unless otherwise noted on a particular site or service, these master terms of use ("Master Terms") apply to your use of all of the websites that Food Factory Project Limited operates. These include https://foodfactoryproject.co.uk, together with all other subdomains thereof (collectively, the "Websites"), as well as the products, information, and services (the "Services") provided through the Websites.

In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service ("Additional Terms"). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Food Factory Project in relation to your use of the Services. Collectively, this legal agreement is referred to below as the "Terms".

2. Your Agreement to the Terms

BY CLICKING "I AGREE" OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking "I AGREE" or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity's behalf to be bound by these Terms, with the terms "you", and "your" applying to you, that entity, and other users accessing the Services on behalf of that entity.

3. Changes to the Terms

From time to time, Food Factory Project may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s). All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

4. Content Available through the Services

Provided as-is: You acknowledge that Food Factory Project does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which you may have access to as part of, or through your use of, the Services. Under no circumstances is Food Factory Project liable in any way for any Content, including, but not limited to: any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

You agree that you are solely responsible for your reuse of Content made available through the Services, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

5. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others:

  • You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;

  • You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;

  • You may not use or attempt to use another's account or personal information without authorization; and

  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

6. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOOD FACTORY PROJECT OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FOOD FACTORY PROJECT DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOOD FACTORY PROJECT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOOD FACTORY PROJECT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF FOOD FACTORY PROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOOD FACTORY PROJECT IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

8. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless Food Factory Project, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms and (b) your use of any of the Services.

9. Privacy Policy

Food Factory Project is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

10. Trademark Policy

The Websites may contain trademarks, service marks, logos and other names that are the property of Food Factory Project or such other party as indicated with respect to that name or icon. The use of current or future Food Factory Project's trademarks requires license agreement, and it is only allowed on the condition that the licensee use the mark solely to point to a Food Factory Project deed on the Food Factory Project website; and provided that, to the extent the licensee is using the mark in an online environment, licensee does not alter any logo(s) or remove the hyperlink(s) embedded in such logo(s) as made available on Food Factory Project website. Food Factory Project retains full, unfettered, and sole discretion to revoke any trademark license for any reason whatsoever or for no specified reason. Food Factory Project is particularly likely to revoke said license if, in its full, unfettered, and sole discretion, it finds that licensee's use of the mark is likely to bring disrepute to licensor or its mark.

11. Termination

By Food Factory Project: Food Factory Project may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Food Factory Project at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, theclimitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

12. Miscellaneous Terms

Choice of law: The Terms are governed by and construed the laws of England and Wales, in the United Kingdom, not including its choice of law rules.

Dispute resolution: The parties agree that any disputes between Food Factory Project and you concerning these Terms, and/or any of the Services may only brought in court of competent jurisdiction sitting in London, United Kingdom, and you hereby consent to the personal jurisdiction and venue of such court.

No waiver: Either party's failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Food Factory Project as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Food Factory Project relating to this subject matter and supersede any and all prior communications and/or agreements between you and Food Factory Project relating to access and use of the Services.