Terms of Service
legal
1. Acceptance of Terms
Welcome to the focuscreativeco.com website ("Site"), which is owned and operated by Focus Creative Group, LLC, an Alabama corporation ("Focus Creative"). Focus Creative provides services and products subject to the following Terms of Service ("TOS"), which are adopted by reference in the Focus Creative Client Agreement. Your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Service, along with the following policies and agreements, which are incorporated herein by reference:
Privacy Policy
Copyright Notice
The terms "we", "us" or "our" shall refer to Focus Creative. The terms "you", "your", "user", "client" or "customer" shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services and/or products provided by Focus Creative. Nothing in this Terms of Use shall be deemed to confer any third-party rights or benefits.
Focus Creative, in its sole discretion, may change or modify these Terms of Service and any policies or agreements which are incorporated herein, at any time. Any such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site constitutes your acceptance of these Terms of Use as last revised. If you do not agree to be bound by these Terms of Use as last revised, do not use (or continue to use) this Site or the Services found at this Site.
2. Definition of Service
Focus Creative provides clients with professional photography and video, social media management, and, at its discretion, may provide other photography related services through a third party. Focus Creative also provides educational resources and a licensing program for professional photographers. You understand and agree that the Service may include certain communications from Focus Creative, such as service announcements and administrative messages. These communications are considered part of the Focus Creative agreement and you will not be able to opt out of receiving them – moreover, such communications, even if sent en masse, do not constitute spam but are rather communications between Focus Creative and its client. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Focus Creative assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any client communications, data, information or personalization settings. Focus Creative also assumes no responsibility for any service or system outages, which may occur from time to time.
You understand that your and third parties’ ability to access your photos or any aspect of the Service depends on factors over which Focus Creative may have no control, including but not limited to internet browser compatibility. Focus Creative makes no warranty that all components of your photos or Service will be functional across all browsers or upon browser updates.
3. Payment for Services
In order for Focus Creative Group, LLC to sustain operations and to provide competitive pricing, clients are responsible for prompt payment of invoices. Account balances over 30-days past due are subject to a 1.5% per month late charge, or $10.00, whichever is greater. Focus Creative Group, LLC has the right to suspend service until payment is received. If further action is warranted, the client will be responsible for all collection costs, including but not limited to court costs, filing fees and reasonable attorneys fees.
The preferred method of payment is by credit card. Charges to customer credit cards are made on a secure server. The client may pay directly online, or contact the Accounting department to submit and authorize credit card payments, or establish a recurring charge for monthly payments.
4. Eligibility; Authority
In consideration of your use of the Service, you represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Focus Creative Client Agreement and (b) maintain and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Focus Creative has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Focus Creative has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service. If, after your agreement to these Terms of Service, Focus Creative finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. Focus Creative shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, document or communication reasonably believed by Focus Creative to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Focus Creative reserves the right (but undertakes no duty) to require additional authentication from you.
5. Privacy Policy
The Focus Creative Privacy Policy, which is incorporated by reference herein, is posted on the page of www.focuscreativeco.com/privacy-policy
6. Account, Password, and Security
Given the nature of your project, you may receive a password(s) and account designation upon Focus Creative’s completion of the process process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to a) immediately notify Focus Creative of any unauthorized use of your password or account or any other breach of security and b) ensure that you exit from your account at the end of each session. You expressly agree that Focus Creative shall not be liable for any loss or damage arising from your failure to comply with this Section.
7. Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Focus Creative, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Focus Creative does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Focus Creative be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) manipulate identifiers (including but not limited to, forging headers, using false identities/logos in emails) in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or illegally obtain any personal, financial or confidential information;
h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
k) Stalk or otherwise harass another; and/or;
l) collect or store personal data about other clients in connection with the prohibited conduct and activities set forth in items "a" through "m" above.
You acknowledge that Focus Creative may or may not pre-screen Content, but that Focus Creative and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Focus Creative and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that Focus Creative may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Focus Creative, its clients and the public.
8. Interstate Nature of Communications
You understand that when your photos are created by Focus Creative or you use any Focus Creative services, you may be causing communications to be sent to computer networks located in other states and/or abroad. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service may result in interstate data transmissions. Further, depending on the content of your site, this interstate nature may subject you to fall under the jurisdiction of another state/locale. However, in any and all disputes and/or claims involving you and Focus Creative, the laws and jurisdiction of the State of Alabama apply.
9. Special Attention for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Moreover, if you are visiting this Site from a country other than the United States, your communications with us may result in the transfer of information (including but not limited to your personal and/or business information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
10. Ownership & Rights to Content
Focus Creative does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Focus Creative worldwide, royalty-free and non-exclusive license(s) to display the Content on your behalf and to include and disseminate said content in any marketing and/or promotional materials for Focus Creative or any of its affiliates, in Focus Creative sole discretion.
You agree to bear the responsibility of ensuring that all licensing requirements are fulfilled for Content as appropriate.
11. Indemnity
You agree to indemnify and hold Focus Creative and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to court costs and reasonable attorneys' fees, made by any third party related to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, including without limitation any intellectual property created on your behalf by Focus Creative.
13. General Practice Regarding Use & Storage
You acknowledge that Focus Creative may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Focus Creative’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Focus Creative has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You understand that your failure to pay any invoices and/or failure to comply with the terms of your client agreement or any Focus Creative policies constitutes grounds for Focus Creative to discontinue your use of the service and delete any and all content from the service. You further agree to indemnify and hold Focus Creative harmless from any claim or demand, including but not limited to court costs and reasonable attorney fees, made by any third party related to or arising from the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Focus Creative reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Focus Creative reserves the right to modify these general practices and limits from time to time.
14. Modification of Service
Focus Creative reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Focus Creative shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. Termination
You agree that Focus Creative may, under certain circumstances and without prior notice, immediately terminate your Focus Creative account, any associated social media accounts, and access to the Service. Cause for such termination may include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Focus Creative account includes removal of access to all offerings within the Service. Further, you agree that all terminations for cause shall be made in Focus Creative’s sole discretion and that Focus Creative shall not be liable to you or any third party for any termination of your account, any associated social media scheduling account, or access to the Service.
16. Focus Creative, LLC’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Focus Creative, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. Limitations of Liability
You expressly understand that service outages may occur and and agree that Focus Creative and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Focus Creative has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service.
18. No Third-Party Beneficiaries & Assignments
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. This contract cannot be assigned to a third-party.
19. Notice
Focus Creative may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
20. Trademark Information
The trademarks and service marks and other Focus Creative logos and product and service names are trademarks of Focus Creative Group, Inc. Without Focus Creative’s prior permission, you agree not to display or use in any manner the Focus Creative Marks.
21. Copyright & Intellectual Property
Focus Creative respects the intellectual property of others. Our Copyright & Intellectual Property Policy is posted on the home page at www.focuscreativeco.com and is incorporated in the Client Agreement.
22. Social Media Scheduling Service
Focus Creative may, at its own discretion, provide basic social media scheduling service through a third party. Any such scheduling service is provided by Focus Creative only as a client courtesy. Focus Creative expressly disclaims any warranty over the safety, availability or quality of the third party social media scheduling service. Focus Creative further recommends Client utilize their own social media scheduling service, including but not limited to Later, Planoly, Tailwind, etc. Client expressly understands that Focus Creative is not liable for any social media outages, deletion of social media content, spam or potential computer viruses resulting from the use of the social media service. Moreover, Client expressly indemnifies and holds Focus Creative harmless from any and all claims and damages (whether from Client or any third party), including but not limited to court costs and reasonable attorney fees, arising from or related to any social media outages, deletion of social media content, spam or other potential computer viruses resulting from the use of the scheduling service. Client also expressly understands that Focus Creative is under no duty to restore any lost/damaged/deleted posts and/or data from Client’s account using the Focus Creative scheduling service.
23. General Information
Entire Agreement. Your Client Agreement, which includes the TOS and Copyright Notice, constitutes the entire agreement between you and Focus Creative and governs your use of the Service, superseding any prior agreements between you and Focus Creative with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Focus Creative services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Focus Creative shall be governed by the laws of the State of Alabama. You and Focus Creative agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jefferson, State of Alabama.
Waiver and Severability of Terms. The failure of Focus Creative to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose, regardless of when you discovered such claim, or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
24. Cancellation
Services may be terminated by Client by providing Focus Creative with a thirty (30) days’ notice of cancellation. Client must submit notice of termination by completing the cancellation form located at https://www.focuscreativeco.com/contact. Any termination submitted through Focus Creative’s contact form is subject to the terms provided at https://www.focuscreativeco.com/contact. Any notice of termination not received in the manner will not be accepted under any circumstances. Should the Client terminate services, Client shall be immediately responsible for all outstanding invoices including any additional hosting costs for the duration of the cancellation period. Once the account is settled in full, client can request a copy of all site files and resource files used in the care of their account.
25. Violations
Please report any violations of the TOS to hello@focuscreativeco.com.
