FocalPower Terms of Service

Definitions

FocalPower.com and related subdomains and websites are operated by FocalPower.

FocalPower and all of its subsidiaries, affiliates, suppliers and operated websites will from here on be referred to collectively as "FocalPower".

FocalPower provides online services for photographers, artists, and businesses which will from here on be referred to as "Services".

The term "You" and "Your" will from here on refer to any visitors or users of the FocalPower Services.

The term "Subscriber" will from here on refer to anyone who is subscribed the FocalPower subscription based Services

The term "Conditions" will from here on refer to the terms and conditions of this agreement.

The term "Billing Cycle" will from here on refer to the time period identified in your subscription plan as billing period.

All web pages within the FocalPower Services, any material made available for download, and any HTML widget code will from here on be referred to as "Website".

Services and Subscriptions

FocalPower provides multiple online Services for photographers, artists, and businesses. Some of these Services are provided free of charge while other Services are provided on a subscription basis.

The Random Quote Widget Service provides random quotations about photography, art, and creativity. This Widget Service is provided free of charge for anyone to use on their blog or website. Subject to the Conditions set forth in this agreement, FocalPower agrees to provided a collection of quotations with reference to the quotations author to You. This Service is provided as HTML code that You will need to install into the website on which You want the quotations to appear.

The FocalPower Photo Hosting Service provides online storage, and organization of digital images and enables You to display those digital images on websites that You authorize. The Service is designed to help reinforce business brands through the display of digital images while simplifying the management of digital images. The FocalPower Photo Hosting Service is provided on a subscription basis. It is Your responsibility to be informed of the Conditions and the various levels of services provided by FocalPower. You are responsible for any and all activity that occurs under Your username or Your account. Subject to the Conditions set forth in this agreement, FocalPower agrees to host Your digital images and allow means by which to add, delete, organize, display, and otherwise manage Your hosted digital images.

By subscribing to the FocalPower Photo Hosting Services, You grant FocalPower a limited license to the use of Your digital images uploaded to the Services for the sole purpose of advertising the FocalPower Services on the FocalPower website and by other means, both digital and in print. Full credit will be given to You for any of Your digital images that are used in this manner.

By using this Website You agree to abide by all the terms and Conditions of this agreement.

FocalPower reserves the right to modify or add additional Conditions to this agreement, including but not limited to changes in billing terms, privacy policy, new functionality and access restrictions. Reasonable prior notice will be provided for changes to billing terms, termination of Services, mergers, and acquisitions. All communication with users and all notices will be sent electronically. It is Your responsibility to maintain a valid email account and to update FocalPower with your current email information. It is Your responsibility to regularly check the email account provided to FocalPower or this Website in order to be aware of any communications or notices. You hereby specifically agree that a notice sent to Your email account or posted on this Website constitutes sufficient notice. FocalPower may change the Services it offers or condition of use at any time. FocalPower will renew your subscription automatically at the end of each Billing Cycle. All materials transmitted to FocalPower will be stored in the United States.

Responsibilities

It is Your responsibility to familiarize yourself with the FocalPower Privacy Policy.

You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. You further agree to immediately notify FocalPower of any unauthorized use of Your account or any other breach of security known to You.

Restrictions of Use

You must be over 13 years of age in order to open an account with FocalPower.

All pages within this Website and any material made available for download are the property of FocalPower and/or its subscribers. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of FocalPower. You shall keep intact any proprietary notices, including copyright notices and trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Conditions or any applicable end user license agreements are reserved by FocalPower.

Account Charges

FocalPower provides its subscription based services on a subscription basis. By subscribing to FocalPower, You agree to pay all charges to Your account in accordance with the selected subscription plan and the billing terms in effect when payment is due. FocalPower will charge Your accounts periodically to collect amounts owed for FocalPower Services. In the event that Your account becomes delinquent and FocalPower is not able to collect amounts owed, FocalPower reserves the right to disable Your access to the Service. FocalPower reserves the right to terminate delinquent accounts at FocalPowers discretion. Nothing in the Conditions shall limit FocalPowers right to pursue all remedies allowed by law to collect on delinquent accounts.

From time to time, FocalPower may make introductory offers to allow You to try the hosting service without charge for a period of time. If You subscribe pursuant to such an offer, You agree to be automatically charged for your subscription at Your level of service once Your trial period expires, unless You terminate Your account prior to 11:59 p.m. PST on the last day of Your trial period. Your annual subscription period will begin once Your introductory trial period ends. FocalPower reserves the right to modify or add additional fees and billing terms, upon prior notice to the users of our Services. FocalPower may change the Services it offers at any time.

Termination

FocalPower agrees to terminate Your account within 30 days upon notice from You, at support@focalpower.com. FocalPower may terminate Your subscription or Your access to and use of FocalPower Services, with or without cause at any time at the sole discretion of FocalPower, for any reason. If You violate the Conditions listed in this agreement Your subscription or your access to and use of FocalPower Services may be terminated without notice. Violation of the Conditions listed in this agreement may prompt FocalPower to take any necessary action that FocalPower deems appropriate to enforce its right including but not limited to the institution of legal proceedings.

Upon Termination of Your account or access to FocalPower services, FocalPower will not refund the remainder of the fee for the current Billing Cycle.

Privacy

FocalPower has established a Privacy Policy to explain to You how Your information is collected and used. Your use of the FocalPower Services signifies acknowledgement of and agreement to our Privacy Policy.

If You are a resident of the European Union, You understand and agree that FocalPower stores and processes Your information on computers located in the United States. By providing any data to FocalPower, You consent to the transfer of such information to the United States.

Copyright

All content included on this Website including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of FocalPower or its software suppliers. All FocalPower content and software is protected by United States and international copyright and intellectual property laws.

FocalPower does not claim ownership in the photographs, videos, digital images, or text created or uploaded by Subscribers. All content uploaded by Subscribers, including but not limited to photographs, videos, digital images, and text, remain the responsibility of the uploading subscriber.

Copyright Complaints

FocalPower respects the intellectual property rights of others. If you believe that your copyrighted material has been hosted on the FocalPower Services in a manner that constitutes copyright infringement, please contact FocalPower for notice of claims of copyright or other intellectual property infringement at copyright@focalpower.com. Please provide FocalPower with the following information:

  1. A detailed description of the copyrighted material
  2. The URL of the material hosted on the FocalPower Services
  3. A statement from you stating that it is your belief in good faith that your copyright have been infringed upon.
  4. Signature of the owner, or the person authorized to act on behalf of the owner, of the copyrighted material
  5. Your postal address, telephone number, and email address
  6. A signed statement from you, under penalty of perjury, that all information provided by you is accurate and that you are either the copyright owner or are authorized to act on his/her behalf.
  7. Your physical or electronic signature.

FocalPower will forward this information to the alleged infringer. FocalPower may, under some circumstance and in its sole discretion, censor the content in question or terminate the account of a repeat offender.

Trademark

FocalPower.com, FocalPower.net, forums.focalpower.com, and FocalPower are the logos, trademarks, and service marks of FocalPower. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

License Granted by Subscriber to FocalPower

By uploading or transmitting digital images or other media to FocalPower, You grant FocalPower a nonexclusive, royalty-free right to publish, display, and distribute the digital images or other media as deemed appropriate by FocalPower for the purpose of providing You with the Services or advertising the Services. You further understand and agree that we may keep backup copies of any digital images, information, or media indefinitely.

You represent and warrant that You own or otherwise control all of the rights to the digital images, information, or media that you transmit to FocalPower.; that use of the digital images, information, or media you supply does not violate this agreement and Conditions and will not cause injury to any person or entity; and that you will indemnify FocalPower for all claims resulting from digital images, information, or media you supply.

FocalPower has the right but not the obligation to monitor and edit or remove any activity or digital images, information, or media. You understand and agree that FocalPower takes no responsibility and assumes no liability for any digital images, information, or media posted by You or any third party.

Subject Releases

You are responsible for obtaining permission and proper release documentation from any subjects (including, but not limited to persons and property) whose image is uploaded by You on FocalPower Services. FocalPower reserves the right to censor and delete any images deemed by FocalPower, in its sole judgment, to be obtained without a proper release.

FocalPower makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this Website or hosted on the Services. FocalPower can not ensure that all persons depicted in the digital images/photographs have consented to the display of their image on this Website or Services. If your photograph appears on this Website without your consent and you wish to have it removed, please contact FocalPower and provide the URL to the digital image/photograph in question. Please state the reason why you would like it removed and FocalPower will make a reasonable effort to resolve the issue with the Subscriber.

Warranty Disclaimer and Limitation of Liability

THIS Website, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED AS IS and AS AVAILABLE WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Website. FocalPower DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS Website ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS Website, ITS SERVERS, OR E-MAIL SENT FROM FocalPower ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You ASSUME ALL RESPONSIBILITY AND RISK FOR Your USE OF THIS Website, SITE-RELATED Services, AND HYPERLINKED WEBSITES.

FocalPower, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED Services, CONTENT OR INFORMATION CONTAINED WITHIN THE Website, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE Website, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

FocalPower CAN NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF DIGTIAL IMAGES, PHOTOS, CORRUPTION OF DATA SUBMITTED, OR THE COPYING OF PHOTOS BY ITS USERS OR UNAUTHORIZED USERS. IN ANY EVENT THE LIABILITY OF FocalPower, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, VENDORS AND SUPPLIERS IS LIMITED TO THE LIFETIME AMOUNT PAID BY You FOR SUBSCRIPTION FEES ONLY EXCLUDING ANY OTHER FEES. THE LIFETIME AMOUNT OF Your SUBSCRIPTION FEES PAID WILL BE DETERMINED AT THE SOLE DISCRETION OF FocalPower.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You specifically agree to indemnify and hold harmless FocalPower, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from Your breach of the Conditions and terms of use or violation of any representations or warranties contained in this agreement. You further agree to indemnify and hold FocalPower harmless from any claims arising out of or relating to any materials that You submit or post on this Website and Services. You specifically agree to indemnify and hold FocalPower harmless from any claims arising out of Your misuse of information provided to You by other Subscribers or visitors. The indemnity provisions contained in this section include but are not limited to reasonable attorneys fees and court costs.

Prohibited Content

All pornographic material of any kind is prohibited from being displayed on this Web site. Digital Images that contain nudity are allowed only if they exhibit artistic or other social value and are not pornographic as defined by the laws of California and the United States. FocalPower reserves the right to prohibit the display of any image whether pornographic or not if FocalPower makes a sole judgment that the image is not suitable for display on this Website for any reason.

Furthermore, You are prohibited from transmitting or posting to FocalPower or the Website any material that may in any matter violate any law, regulation, or treaty, or infringes on the rights of any third party. You may not transmit or post any material that may be defamatory, fraudulent, or obscene, or that may harass or abuse others. You may not transmit or post any materials that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms. You may not access any account that does not belong to You without the authorization of the owner of the account. You may not misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors. You may not interfere with other subscribers or visitors use and enjoyment of the Services or the Website. You may not modify, adopt, or hack FocalPower or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with FocalPower. You may not spam FocalPower Subscribers or users. You are prohibited from posting any false information on FocalPower, including but not limited to any false or misleading advertising or coupons.

FocalPower reserves the right to cancel the subscription or prohibit access to Services of any user for any reason.

Merger or Acquisition

In the event that FocalPower, FocalPowers Services and/or related assets are acquired or transferred as part of a merger or acquisition, You understand and agree that FocalPower may assign its rights under these terms and Conditions and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and opportunity to terminate Your relationship with FocalPower prior to the transfer.

International Users

Those users of FocalPower who reside or do business outside of the United States of America specifically agree to comply with all the local laws, rules, and regulations regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.

Choice of Law and Venue

These terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and Conditions shall otherwise remain in full force and effect.

Arbitration

All disputes relating to or arising out of the use of the Website or any of the Services provided or any products purchased through this Website shall be submitted to neutral arbitration in California, approved by the American Arbitration Association, except that FocalPower may seek injunctive or any appropriate relief for the violation of these Conditions or any of FocalPowers rights under U.S. and international law in any state or federal court of competent jurisdiction. The arbitration award shall be binding and enforceable by entry of judgment in any state or federal court having jurisdiction over the matter. To the fullest extent permitted by applicable law, no arbitration under these Conditions shall be joined to an arbitration involving any other party subject to these Conditions whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Website or any of the Services must be commenced within one (1) year after the claim or cause of action arises.