Factory Records was a Manchester based British independent record label, started in 1978 by Tony Wilson and Alan Erasmus, which featured several prominent musical acts on its roster such as Joy Division, New Order, A Certain Ratio, The Durutti Column, Happy Mondays, Northside, and (briefly) Orchestral Manoeuvres in the Dark and James. Like the label 4AD Records, Factory Records used a creative team (most notably record producer Martin Hannett and graphic designer Peter Saville) which gave the label and the artists recording for it, a particular sound and image. The label employed a unique cataloguing system that gave a number not just to its musical releases, but to artwork and other objects, as well.
REDEVELOPED, RECRAFTED AND ENTIRELY REDESIGNED FOR THE START OF A NEW DECADE, FACTORY RECORDS INFAMOUS CENTRAL MANCHESTER OFFICES REOPENS AS A LIVE VENUE/NIGHTCLUB, FAC251 “THE FACTORY”, MIXING LIVE BANDS, INDIE AND DANCE INFLUENCES ACROSS THREE DIFFERENT FLOORS.
The joint venture between New Order and Joy Division’s Peter Hook and established club operators Tokyo Industries (30+ venues across the UK including the award-winning Digital in Newcastle and Brighton and the Tokyo Mansion party venues), Tokyo Industries managing director Aaron Mellor is a long time Factory Records afficianado.
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Conversations between Aaron and Hooky began years ago about creating a new Manchester live and indie venue with an emphasis on new and creative talent in a site in the city’s Northern Quarter, but licensing difficulties sidelined that project. The recession forced the former Factory Head Office back to the market late 2009, and the idea seemed just too perfect to miss.
Original Factory architect Ben Kelly was also recruited to resurrect and completely recast the building to suit its new purpose as a live, rock ‘n’ roll venue that draws on the legacy of the past but updates the original Factory ethos for contemporary bands, promoters, DJs and of course the people.
The Factory mantra “give something back”, FAC251 takes on these past influences and brings them to a new generation, providing a creative space for Manchester’s latest musical talents in an effort to recreate the music community which surrounded the original Factory project.
Manchester has become a prime destination for bands and musicians from all across the world, FAC251 will showcase the very best local, national and international live talent along with upfront and creative club nights that celebrate the past while embracing the future, as The Factory will become a rite of passage for bands, DJs and Manchester’s creative pulse.
With an open-minded and inclusive attitude to its booking policy, FAC251 will provide a forum for all types of band and club styles, be they traditional indie, electronica, rock, acoustic or anything else besides, and FAC251’s intimacy and top-rate production and sound seem set to put the venue on the map as one of the coolest gig venues in the UK and beyond.
Architect Ben Kelly has revisited his original designs for the building and created three separate club environments, allowing for a variety of music styles on any given evening. The ground floor now forms the main live space of the club, “The Bassment”, forming a gritty and atmospheric space for live band performances. The first floor, “The Loft” the label’s old office space, has become a separate dancefloor, with the feel of a VIP section, and fittings to match. Malta map The DJ is cantilevered and plays from above the venue’s reception area. The second floor, the third FAC251 environment, is “The Boardroom”, unchanged from its original design, an oasis of minimalist design chic at the top of the club.
Saved from oblivion by the new club, the building has been vastly improved as The Factory with Funktion One sound systems in place across all floors whilst the design, furniture and ambiance are all in tune with the quality which is inherent in all Factory projects.
The Friday night opening on February 5 2010 featured a one-off performance by “Peter Hook’s “The Light”, a Manchester supergroup put together specially for the occasion featuring Mani (Stone Roses), Rowetta (Happy Mondays), Howard Marks and other special guests, performing rare Joy Division and New Order tracks, and a hits retrospective from Hookys previous bands Monaco, Revenge, NewOrder, Joy Division and the first ever debut of his new material with FREEBASS.So begins a whole new adventure for Manchester’s bands, promoters and crowd, it couldn’t happen again……could it?
| Day | Open | Close |
|---|---|---|
| Monday | Closed | Closed |
| Tuesday | 10:00 | 23:00 |
| Wednesday | 11:00 | 01:00 |
| Thursday | Closed | Closed |
| Friday | 10:00 | 23:00 |
| Saturday | 10:00 | 23:00 |
| Sunday | 10:00 | 23:00 |
118 Princess St, , Manchester , m1 5du
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Content of the Website
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Breach or cancellation by service provider
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General clauses
These Terms shall be governed in all respects by the laws of England.
Access to the Website from territories or countries where the content of the Website is illegal is prohibited.
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Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
These Terms set forth the entire understanding and agreement between Service Provider and you with respect to the subject matter hereof.
NOTE: These Terms and Conditions may be supplemented by the addition agreed country-specific additional conditions of "Getting Lively" for the country in which the user accesses the services of "Getting Lively".
Getting Lively, (“Getting Lively”, “us” or “we”) respects the privacy of the visitors to its Website located at http://www.gettinglively.com (the “Website”), and users of its Services. This Privacy Policy informs you of our policies and practices regarding the collection, use, storage and disclosure of any Personal Information and Anonymous Information you submit to us through the Website or Services. It also describes your choices regarding use, access and correction of your personal information. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Getting Lively. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms set forth in the Getting Lively Terms and Conditions that you can find at Terms and Conditions and which incorporate this Privacy Policy by reference.
“Personal Information” is any information that allows us (or others) to identify an individual person and would include (for example) your name, address, email address, IP Address or phone number, as well as other non-public information that is associated with or directly linked to such information.
An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP Address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session Cookies to analyze our web page flow and to determine the appropriate language settings for you based on your region if you did not previously indicate. You can find out more about the Cookies and other tracking technologies that we use and the purposes for which we use them in the section below headed ‘Cookies’.
“Anonymous Information” means information or a combination of information that does not relate to or identify individual persons.
We collect and use Personal Information and Anonymous Information as described in this Privacy Policy. We respect your right to privacy and will only process Personal Information (including any sensitive personal data) you provide us in accordance with the UK Data Protection Act 2018 (the “Act”) and any other applicable privacy laws.
USER CONSENT
Please read this Privacy Policy carefully. By accessing and using our Website and Services, you agree to be legally bound by the terms of this Privacy Policy. In addition, for certain activities on the Website, we may further confirm your consent by asking you to expressly consent to the collection, processing, storage and use of your Personal Information according to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please refrain from using our Website or accessing our Services.
INTERNATIONAL TRANSFERS
Your Personal Information will be processed by Getting Lively and other third party data processors for the purposes identified and described in this Privacy Policy only.
By accessing or using our Website or Services or otherwise providing Personal Information to us, you consent to the processing, transfer and storage of your information in and to the designated location assigned by Getting Lively for these purposes only. Please be aware that countries, which are located outside the EEA, may not offer the same level of data protection as countries located in the EEA, although our collection, storage and use of your Personal Information will continue to be governed by this Privacy Policy.
Getting Lively, complies with the General Data Protection Regulation (the “GDPR”). To learn more about GDPR, please visit https://edps.europa.eu/data-protection/data-protection/legislation/history-general-data-protection-regulation_en.
Getting Lively, as a “Data Controller” is responsible for the processing of personal data it receives from users of its websites and services, under the GDPR. Getting Lively may subsequently transfer personal data to third parties acting as an agent on its behalf (“Data Processors”). Getting Lively complies with the GDPR for all onward transfers of personal data from the EU and Swiss individuals, including the onward transfer liability provisions.
With respect to personal data received or transferred Getting Lively may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
You may revoke your consent at any time by contacting Getting Lively (address below) or by deleting the Personal Information you have submitted through our Website or Services.
COLLECTION OF PERSONAL INFORMATION
The Personal Information we gather from you helps us learn about your visit to the Website or use of the Services. We use this information to provide the Services to you, to better tailor the features, performance and support of our products and services, to answer your requests, questions and concerns, and to offer you additional information and opportunities.
PERSONAL INFORMATION YOU PROVIDE TO US
We collect Personal Information that you submit to us voluntarily through our Website, Applications or Services.
When you register on the Website, we will collect your full name and username, a password, and an email address. We use these data to create your account and to provide the Services to you.
When you use the Service, we collect your user ID, email address and IP address.
We collect this information to better tailor the features, performance and support of our products and services.
When you create your profile on the Website after registering, we will collect on an optional basis other Personal Information, such as information about your hobbies, interests, additional contact information, etc. You do not have to provide this additional information but if you do, we will use this information to better tailor the features, performance and support of our products and services.
When you order products or services on the Website, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
When you subscribe to a Getting Lively newsletter, we will collect your email address to provide you with promotional information about our services where you have agreed to receive such communications. You may unsubscribe from the newsletter service at any time by following the unsubscribe instructions provided in the newsletter you receive or by contacting us.
When you contact us to submit comments, questions or feedback using the forms on the Website or in the Services, we will collect your name, email address and your comment, question or feedback to answer your request, questions or concerns.
When you voluntarily participate in one of our surveys, we may collect additional profile information such as demographic information. We use this information to better tailor the features, performance and support of our products and services.
When you contact us using the request forms on the Website or in the Services, we will collect your name, email address and your comment or question that you enter into the form to answer your request, questions or concerns.
When you post messages on the message boards of the Website or through the Services, the information contained in your posting will be stored on our servers and made public so other users will be able to see it.
When you contact us by sending us an email, we will collect and store your email address and any information contained in the email you send us and any information attached to the email for so long as is necessary. This information is used to answer your email and address any questions and concerns you may have.
We may also collect, from you, the following personal information about your contacts:
Name and address of a gift recipient, in order to fulfill a purchase order
When you provide us with personal information about your contacts we will only use this information for the specific reason for which it is provided.
If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at contact@gettinglively.co.uk.
PERSONAL INFORMATION COLLECTED VIA TRACKING TECHNOLOGY
As you navigate our Website or App, certain information may also be passively collected, including your IP address, browser type, domain names, access times, operating system, mouse clicks, mouse movements, scrolling activity. We also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. This type of information is collected to analyze the use of our Services and solutions and to make them more useful to you. Like other aspects of our Services, we use a third party service provider for some or all of this type of data collection and analysis. These third party service providers may also independently collect information about you as described in “Disclosure of Personal Information” below. For more detailed information about Cookies and other online tracking tools that we use and the purposes for which we use them, please see our section below headed “Cookies”.
PERSONAL INFORMATION WE RECEIVE FROM OTHER SOURCES
We may receive Personal Information about you from other sources like mobile device, telephone or fax or from companies that provide our services by way of a co-branded or private-labeled website (“Partner Companies”), and for some of our Services, this includes location based services applicable for certain features in the Services. If you choose to disable location based services some features of the Services may not work properly. We may add this information to the information we have already collected from you via our Website or Services in order to improve the products and services we provide.
USE OF INFORMATION
In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We may also use your Personal Information to, provide you with the Getting Lively newsletters, surveys, or promotional emails regarding changes and upgrades to our products and services and for other marketing purposes of Getting Lively or our partners, should you request and consent to receive such communications from us. For more information about how to change your preferences and to unsubscribe from promotional communications, please see the section below headed “Your Choices Regarding Your Personal Information”.
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We may use this Anonymous Information to analyze request patterns and usage patterns so that we may enhance our products and services. We may disclose this Anonymous Information to third parties contracted by Getting Lively to provide marketing services designed to promote our products and services. Getting Lively reserves the right to use and disclose Anonymous Information to third parties in its discretion.
FEEDBACK
If you provide feedback on any of our products and services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Information. Getting Lively will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy.
DISCLOSURE OF PERSONAL INFORMATION
Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties and we will not disclose financial information that is part of your Personal Information unless you ask us to do so.
We may share your Personal Information with third parties to provide you with the products and services that we offer you through the Website or Services for payment processing, shipping and distribution processing, account inquiries, and marketing analytics. These third parties are required not to use your Personal Information other than to provide the products and services requested by Getting Lively and are bound by confidentiality agreements with regard to their use of such information. You expressly consent to the sharing of your Personal Information with our contractors and third-party service providers (“Data Processors”) for the sole purpose of providing products and services to you.
We may enter into co-branding or co-promotional agreements with third parties pursuant to which we may share Personal Information with such third parties. For example, we may enter into agreements with Partner Companies pursuant to which we provide the Partner Companies with a URL and a customer registration page co-branded with, or private labeled by, the Partner Companies, and the Partner Companies distributes and promotes the URL to its customers. A Partner Company may have access to Personal Information that we collect from their customers. As a result, if you register on the Website or use our Services through a Partner Company, we may provide your Personal Information to the Partner Company. Please note, however, that we do not control the privacy practices of these third parties.
If another company acquires our company or our assets, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Getting Lively; (b) to protect and defend the rights or property of Getting Lively or users of our Services; or (c) lawful requests by public authorities, including to meet national security or law enforcement requirements.
YOUR PRIVACY RIGHTS
Upon request Getting Lively will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging in to your account and updating your personal information and confirming it by selecting the ‘Save’ button, contacting us at contact@gettinglively.co.uk.
Getting Lively acknowledges that you have the right to access your personal information. Getting Lively has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to the Getting Lively Client Support at contact@gettinglively.co.uk. If requested to remove data, we will respond within a reasonable timeframe. We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client.
In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.
COOKIES AND TRACKING TECHNOLOGIES
Getting Lively and its partners use cookies or similar technologies to analyze trends, administer the Website, track users’ movements around the Website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Website or service.
We may use Cookies to collect information about you.
WHAT IS A COOKIE?
“Cookies” are small pieces of information that a web site sends to your computer’s hard drive while you are viewing a web site. For example, we may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website or Services. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the Website or Services may not work properly. We encode our Cookies so that only we can interpret the information stored in them. For more information about removing or rejecting Cookies, please see “Your Choices Regarding Your Personal Information” below.
Getting Lively may also collect information via clear gifs or web beacons (also known as “tracking pixels”) that help us better manage content on Website and Services by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages.
HOW DO WE USE COOKIES?
Cookies do lots of different jobs on our Website, such as letting you navigate between pages efficiently, remembering your preferences, remembering your email and password, letting us analyze how well our Website is performing, and improving your experience. They also help ensure that advertisements you see whilst you are on our Website are more relevant to you and your interests
WHAT COOKIES DO WE USE?
Below we have provided a list of the categories of Cookies found on our Website, and a description of what those Cookies do. Some of these Cookies are essential to the operation of our Services. Others are not essential, but help to improve our Website by collecting [anonymous] user information, or try and improve your experience of our Website by remembering your choices. We also use cookies, which collect information about your browsing habits in order to try, and display advertising, which is relevant to you and your interests.
We use the following types of Cookies:
Strictly Necessary Cookies We use a number of Cookies, which are essential to the operation of our Website and Services. For example, these types of Cookies enable you to log into secure areas of the Services, provide the necessary security when you access our Website or Services, and help ensure the content of the pages you request load quickly. Without these cookies, services that you have asked for cannot be provided.
Functional Cookies: Functional Cookies are ones that we set to help the Services work the way you expect them to. Some Cookies are necessary to enable you to move around our Website and/or to use the Services. Without these Cookies, we can’t provide the Services you have asked for, like processing payments made via our online store.
We use other Cookies to help recognize and remember you when you are logged into our Services so we can remember your settings and preferences, such as your language and region or logged in state. These Cookies also may help us provide services you have asked for.
As described below, you may disable any of these functional Cookies; but if you do so, then various functions of the Services may be unavailable to you or may not work the way you want them to.
PERFORMANCE AND ANALYTICAL COOKIES:
Advertising and Web Analytic Tools
As is true of most websites, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
We use third-party advertising and/or web analytics companies to serve ads and/or to provide us web analytics when you visit our Website or Services. These companies may use information about your visits to this and other websites (e.g., through the use of Cookies) in order to provide advertisements about goods and services of interest to you, to provide us analyses of how our Website is used. Although we do not authorize these third parties to collect your Personal Information from our Website or Services, they may associate data collected about your use of our Website or Services with the Personal Information they have collected about you from other websites.
Google Analytics Our Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses Cookies to help the Website analyze how users use the Website and Services. The information generated by the Cookie about your use of the Website and Services will be transmitted to and stored by Google.
In case IP-anonymization is activated on this website, your IP Address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP Address will be first transferred to a Google server in the USA and truncated there. The IP-anonymization is active on this Website.
Google will use this information on behalf of the operator of this Website for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators and providing them other services relating to Website activity and Internet usage.
The IP Address that your Browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en
For further information please visit:
http://www.google.com/analytics/terms/us.html
https://support.google.com/analytics/answer/6004245?hl=en
YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
We offer you the following choices regarding the collection, storage, use, and sharing of your Personal Information:
Promotional Communications: You have the right to ask us not to process Personal Information for marketing or promotional purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the communication you receive or by contacting us directly (please see contact information below). Despite your indicated preferences, we may still send you non-promotional communications regarding the services we provide to you, such as transaction reports, and notices regarding changes to the Website or Services. In any case we may send updates to our Terms of Use, Privacy Policy or other policies.
Cookies: Most web browsers are set to accept Cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser Cookies.
MANAGING COOKIES
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
REGARDING MINORS
If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information and terminate the child’s account from our databases. We do not intentionally gather Personal Information about visitors who are under the age of 13.
OTHER SITES
Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.
MOBILE APPLICATION
When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”).
We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Apps or services.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile app.
SECURITY
Getting Lively is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized or unlawful access, use, or disclosure and against accidental loss or destruction of, or damage to, such Personal Information.
Getting Lively has implemented industry-standard electronic means of protecting your Personal Information. We store Personal Information behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers, and we have implemented technology to detect intrusions. We also require you to enter a password to access your account information. In addition, Getting Lively protects your Personal Information from unauthorized physical access by storing your Personal Information in a controlled facility.
Except as provided elsewhere in this Privacy Policy, Getting Lively limits access to Personal Information in electronic databases to those persons (including employees and contractors) in Getting Lively’s organization who have a business need for such access. Lastly, we conduct periodic internal audits and vulnerability scans to ensure compliance with these security measures and generate security incident logs that track Information useful in screening for attempted abuse of or unauthorized access to your Personal Information.
Even though Getting Lively has taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Getting Lively cannot fully eliminate security risks associated with Personal Information. If you have any questions about the security of your personal information, you can contact us at contact@gettinglively.co.uk.
CONTACT US
Should you have any questions or concerns regarding this Privacy Policy, please contact us through Customer Support or:
contact@gettinglively.co.uk
PRIVACY POLICY UPDATES
This Privacy Statement is a living document. As part of the Getting Lively Terms and Conditions, this Privacy Policy is subject to reasonable amendments, for example to fulfill new and applicable statutory requirements and regulations or in case of new services, in accordance with the terms of the Terms and Conditions. If we make material changes to this Privacy Policy that expand our rights to use your Personal Information, we will notify you to seek your consent either through email, or a prominent posting on our Website, or as otherwise required by law. We encourage you to periodically review this page for the latest information on our privacy practices.
This End User License Agreement (“EULA”) is a binding contract between Getting Lively (“Getting Lively”) and you (“You”), as a user of the Getting Lively Applications (the “Licensed Applications”) downloaded from the Google Play, Amazon, Apple App store or any applicable marketplace. The Licensed Applications is licensed, not sold, to You for use only under the terms of this EULA. This EULA is between You and Getting Lively, and Getting Lively is solely responsible for the Licensed Applications and the content thereof. Getting Lively reserves all rights not expressly granted to You.
a. Scope of License: Getting Lively grants to You a non-transferable, non-exclusive, revocable license to use the Licensed Applications on the mobile device that You own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service (the “Usage Rules”). This license does not allow You to use the Licensed Applications on any mobile device that You do not own or control, and You may not distribute or make the Licensed Applications available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Applications. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Applications, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Applications). Any attempt to do so is a violation of the rights of Getting Lively. If You breach this restriction, You may be subject to prosecution and damages. The terms of this EULA will govern any upgrades provided by Getting Lively that replace or supplement the original Licensed Applications, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
b. Consent to Use of Content: You agree that Getting Lively may collect and use technical data and related information, including but not limited to technical information about Your device, system and Applications software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Applications (collectively, “Data”). You may also voluntarily provide information, feedback, images, and other content in connection with your use of the Licensed Applications (together with the Data, collectively, “Content”). You agree that Getting Lively may use the Content to improve its products and services or to provide products and services to You, and You hereby grant Getting Lively a nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sublicensable license in and to the Content, including all intellectual property rights therein, for Getting Lively to use, modify and create derivative works of the same in connection with or related to any business purposes. You represent and warrant to Getting Lively that (i) you have the necessary rights to grant the licenses and rights in and to the Content, and (ii) the Content and Getting Lively’s use thereof as permitted in this EULA will not infringe, violate or misappropriate any third party right. Your personal information will be collected and processed in accordance with the terms of Getting Lively’s Privacy Policy, available at www.gettinglively.com\privacy.
c. Termination: The EULA is effective until terminated by You or Getting Lively. Your rights under this EULA will terminate automatically without notice from Getting Lively if You fail to comply with any term of this EULA. Upon termination of this EULA, You shall cease all use of the Licensed Applications, and destroy all copies, full or partial, of the Licensed Applications.
d. Services; Third Party Materials. The Licensed Applications may enable access to Getting Lively’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. The information provided by the Licensed Applications is provided to You for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through the Licensed Applications, Getting Lively shall not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through the Licensed Applications.
Certain Services may display, include or make available content, data, information, Applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Getting Lively is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Getting Lively does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third party Services or Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither Getting Lively, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any Services. You should exercise judgment in your use of any Services.
You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Getting Lively is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, Services that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. Getting Lively makes no representation that Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Getting Lively and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Getting Lively be liable for the removal of or disabling of access to any such Services. Getting Lively may also impose limits on the use of or access to certain Services without notice or liability. Google or Amazon or any third party has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Applications.
e. No Warranty: USE OF THE LICENSED APPLICATIONS IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GETTING LIVELY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GETTING LIVELY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATIONS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GETTING LIVELY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATIONS OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GETTING LIVELY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GETTING LIVELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Getting Lively’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. Export. You may not use or otherwise export or re-export the Licensed Applications except as authorized by English law and the laws of the jurisdiction in which the Licensed Applications was obtained. In particular, but without limitation, the Licensed Applications may not be exported or re-exported (a) into any U.K. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Applications, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by English law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. Government Users. The Licensed Applications and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Governing Law. The laws of England, excluding its conflicts of law rules, govern this license and Your use of the Licensed Applications. Your use of the Licensed Applications may also be subject to other local, state, national, or international laws.
j. Contact Information. Your questions, complaints or claims with respect to the Licensed Applications should be directed to:
Getting Lively.
Email: contact@gettinglively.co.uk
