If this is how you define theory, how would you define hypothesis?
As I understand it, a theory is any hypothesis that is believed to hold (at least for now, under the conditions it's thus far tested under, or based on the evidence we already have). In other words, a theory is a hypothesis that is provisionally considered true.
Thus, my hypothesis about your back garden could turn into a general theory of conditions under which gravity turned negative, if observations were made which supported it (which is, admittedly, unlikely!).
I'd agree with the Sacramento example above, i.e. that the only things we can consider facts are things that we've agreed upon/defined. This is a smaller set of things than people normally call facts.