Terms & Conditions

Introduction

We care about your rights, but care about ours as well; hence we drafted a terms of use to ensure the following:

  • Your photographs are (and should be) your own, you keep all your rights on them. By using our site, you give Focussion a license to use your work for the functioning of this site (e.g. to display the pictures to our visitors, and to enable comments on them).
  • You are responsible for the content posted by you; should it infringe on a right, you shall be helt responsible. Focussion is providing 'mere conduit', and thus has no legal liability.
  • We have implemented a 'Notice and takedown' procedure to take care of any infringements.
  • Focussion has the right to remove or adjust posts and content should it be damaging; the decision as to whether this is the case, is for our administration to make. Some guidelines:
    • You should have the right to post a picture, e.g. you are the owner/photographer.
    • Nude photos are to be labeled as such.
    • Pornography is not allowed.
  • We cannot be held responsible for any downtime or loss of content. Create backups and use a dedicated host for your pictures: Focussion fits no such purpose.
  • Only one account per person is allowed.
  • We have the right to make adjustments to our terms of use. Should this occur, you shall be notified and will be provided the chance to close your account.
  • We are a Dutch webpage, thus we use the Dutch law.

This, and more, in legal Jargon:

Terms of use

The following terms and conditions govern all use of the focussion.com website and all content, services and products available at or through the website. (taken together, the Website). The Website is owned and operated by Creaden. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Focussion, acceptance is expressly limited to these terms.

Your Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your account or posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Focussion may change or remove any description, content or keyword that it considers inappropriate or unlawful. You must immediately notify Focussion of any unauthorized uses of your account or any other breaches of security. Focussion will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you use The Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

By submitting Content to The Website, you grant Focussion world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting on The website. If you delete Content, Focussion will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Focussion has the right (though not the obligation) to, in Focussion's sole discretion (i) refuse or remove any content that, in Focussion's reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Focussion's sole discretion.

  • Responsibility of Website Visitors. Focussion has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Focussion does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Focussion disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  • Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which The Website links, and that link to The Website. Focussion does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Focussion does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Automatic disclaims any responsibility for any harm resulting from your use of websites and webpages.
  • Notice and takedown. As Focussion asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Website violates your copyright, you are encouraged to notify Focussion. Focussion will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Focussion or others, Focussion may, in its discretion, terminate or deny access to and use of the Website.
  • Intellectual Property. This Agreement does not transfer from Focussion to you any Focussion or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Focussion . Focussion, the Focussion logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Focussion or of Focussion's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Automatic or third-party trademarks.
  • Changes. Focussion reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Focussion may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  • Termination. Focussion may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • Disclaimer of Warranties. The Website is provided "as is". Focussion and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Focussion nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  • Limitation of Liability. In no event will Focussion, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Focussion shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  • General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  • Indemnification. You agree to indemnify and hold harmless Focussion , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  • Miscellaneous. This Agreement constitutes the entire agreement between Focussion and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Focussion, or by the posting by Focussion of a revised version. This contract is governed by the laws of The Netherlands and any dispute shall be finally resolved by the Dutch courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Focussion may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

(Note, we've decided to make the Terms of Service available under a Creative Commons Sharealike license, as inspired by Wordpress inc., which means you're more than welcome to use them, as long as an attribution is made and the same licence is applied.)