Focus Imaging Terms of Use
Welcome to the Internet sites of Focus Imaging. "Focus Sites" include Focus-global.com, Focus-vdp.com, Focus-edm.com, Focus-seo.com, Focus-webdesign.com, Focus-hiddenimage.com, and other Internet sites on which these terms of use are posted. Focus Imaging and any and all entities that control, are controlled by, or are affiliated or under common control with, are all collectively referred to herein as "we," "us" or "our".
YOU MUST READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY FOCUS SITES. By using any Focus Sites or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Focus Sites.
Note that special terms apply to some services offered on certain Focus Sites, like subscription-based services, rules for particular contests or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Focus Sites and receipt of data, materials and information available at or through the Focus Sites, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("Content") contained on Focus Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Focus Sites or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any Focus Sites may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Focus Sites, except that where a Focus Sites is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Focus Sites is prohibited.
In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, suggestions, formats, artwork, photographs, drawings, videos, audiovisual works, usernames, profiles, actions, appearances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through a Focus Site.
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Focus Site for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration") (such as prizes or other value in games, video, contests and promotions); and (b) that you Distribute on or through any Focus Sites for which you do not seek Consideration. "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any Focus Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration).
Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.
To the extent that we solicit Submissions through features or activities on or through Focus Sites (including games, videos, contests and promotions) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
Some services on the Focus Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Focus Sites. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your ability to use any Focus Sites or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
You agree to indemnify and hold Focus Imaging and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to Focus Sites (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on Focus Sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on Focus Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
You may find links to other Internet sites or resources on the Focus Sites. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Except as expressly authorized by Focus Imaging, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Focus Imaging discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership
Focus Imaging is committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on Focus Sites, please contact us at info@focus-global.com.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Focus Imaging on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions, you must immediately destroy any downloaded and/or printed Content.
Your use of Focus Sites is at your sole risk unless otherwise explicitly stated. Focus Sites, including the Information, services and Content is provided on an "as is" "as available" and "with all faults" basis. We disclaim all express or implied conditions, representations, and warranties of any kind, including any particular purpose, or non-infringement. We make no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of Focus Sites. We make no warranty or representation that: (a) Focus Sites will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of Focus Sites will be accurate or reliable; (c) the quality of any products, services, Content, Information, or other material purchased or obtained from Focus Sites will meet Your expectations or requirements; or (d) any errors in Focus Sites will be corrected. You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from Focus Sites, including any damages resulting from computer viruses.
To the full extent permitted by law, we are not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of businesses, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with Focus Sites, even if we have previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Focus Sites; (b) the cost of procurement of substitute goods and services resulting from any goods, data, Information or services purchased or obtained, or messages received or transactions entered into, through or from Focus Sites; (c) statements or conduct of any third party on Focus Sites, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) Content or Information You may download, use, modify or distribute.
To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
You consent to the collection, processing and storage by Focus Sites of Your personal information in accordance with the terms of Focus Sites’ Online Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of Focus Sites’ Online Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with Focus Sites.
The Terms constitute the entire agreement between you and Focus Imaging relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Focus Imaging representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use Focus Imaging or third-party products or services.
You agree that any material breach of these terms will result in irreparable harm to Focus Imaging for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Focus Imaging will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Focus Imaging seeks such an injunction.
You and Focus Imaging agree to submit to the personal and exclusive jurisdiction of the courts located with the country of Hong Kong, the People's Republic of China.
Services, Content, and product derived or obtained from Focus Sites may be subject to the Hong Kong export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Hong Kong or your local laws; (b) not use Services, Content, or direct product from Focus Sites to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from Focus Sites to prohibited countries and entities identified in the Hong Kong export regulations.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Update on January 21, 2009