Terms of Use

Updated on December 01, 2016

The right to access and use content of www.focusedcollection.com (the “Site”) is granted by Focused once the User accepts all provisions, rules and conditions of these Terms of Use. If, for whatever reason, the User does not agree with these provisions and does not accept these Terms of Use, he/she may not enter the Site and use its resources. In the case of any discrepancy between the details of these Terms of Use and other documents on the Site, the details in these Terms of Use shall supercede.

The Site is owned and operated by Depositphotos, Inc., together with its affiliates and subsidiaries (collectively referred to as “Focused” in these Terms of Use and other documents on the Site).

Focused reserves the right to make changes, additions, and corrections to these Terms of Use, in part or in whole, at any time. Such changes are legitimate and become effective the moment they are published. By continuing to work with the Site after such changes have taken place, the User acknowledges his/her consent with said changes. If at any time the User can no longer conform to the rules and terms given below, he/she may not enter the Site and use its resources.

1. Working with site files

The Site is a resource that contains files, information, software, illustrations, photographs and similar files that are under copyright, trademark, or service mark, or that fall within the scope of other identical or related rights of, Focused, its subdivisions and affiliates or any other third parties including other Users of the Site.

The User has no right to pass, sell, publish, move, reproduce, or develop modified or redone works or use the Site content in any similar way, in part or in whole. Exclusions apply to cases where such permission is clearly and definitely stated in these Terms of Use or any other agreement that becomes effective the moment usage of the Site begins (for example, the Standard License Agreement).

Files presented at the Site are provided by Contributors of Focused under Exclusive and Non-Exclusive Supply Agreements. (For the terms of such supplies, see corresponding parts of the Standard License Agreement.) The User has the opportunity and right to download files solely in accordance with the conditions stated in the Standard License Agreement and these Terms of Use.

Once the User purchases a file, it remains available for downloading for one year after payment is tendered. During this time, the User can download it as many times as necessary without any additional payment, from the Buyer Menu - Purchased Files folder.

2. Access passwords

The User confirms that the process of user identification is conducted for the purpose of granting a User access to his/her user profiles and operations governing access to Site content. The login (username) and password chosen by the User are confidential information. The User confirms the necessity of non-disclosure of this information, and promises to keep secret and not reveal, pass along, or offer personal access data to a third party without clear written permission from Focused.

The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using his/her chosen login and password. The User is hereby informed and agrees that Focused automatically accepts and recognizes the use of his/her login and password as evidence and clear proof that it was the User who gained access to the Site content.

The User acknowledges that his/her login and password are unique symbols, even though Focused does not impose specific requirements as to their contents and quality.

3. Site behavior rules

The User confirms that he/she does not intend to use files from the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to refrian from using any files obtained from the Site in any inappropriate manner including, but not limited to:

  • Abusing, threatening, hunting down, or violating the data protection rights of third persons or other users of the Site;

  • Placing, uploading, publishing, showing, or distributing files of a scandalous or detractive nature, including lewd, indecent, coarse or unlawful pictures and other files;

  • Passing, resending, uploading or in any other way distributing, cooperating with or taking part in the distribution of files or parts of program code that include, contain or consist of parts of software or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the User owns or controls such rights or has necessary permissions;

  • Passing, resending, uploading or in any other way distributing, cooperating with or taking part in the distribution of files or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers;

  • Deleting, clearing, cutting or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the User;

  • Falsifying or imitating data concerning an original source of any files offered at the Site;

  • Advertising or selling goods or services of any kind;

  • Placing on the Site any information that has no relation to the specialization of Site resources, such as surveys, advertisements, or spammer mailings;

  • Downloading or saving any files or programs at the Site that the User knows to be unlawful, or cannot be or should not be legally distributed;

  • Using any Site options including but not limited to mailing to other members of the Site for advertising purposes, distributing referral links, or promoting files, goods, services or activities, whether or not connected to the Site;

  • Using any kind of information received from the Site or with the help of the Site for creation of software, resources or programs being in direct or indirect competition to Focused’s activities.

The User agrees that communication within the site’s blogs is open and public. Further, the User agrees that communication between visitors or between visitors and third parties, as well as files and content presented at the Site, are not officially approved by Focused, and no files or information placed at the Site permanently or temporarily shall be regarded as analyzed, viewed or approved by Focused. As stated below, Focused has the right and authority to remove any files at any time without notification to authors, license-holders or owners of the files.

The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other Focused user records. The User agrees to access Site files strictly in accordance with Site rules and procedures.

There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by Focused. Also, Focused does not warrant the safety of such links and their correspondence with the User’s expectations. Focused shall not bear any liability in the event of any damages or losses, direct or implicit, due to following any link originating from Focused, or using any services available from such third-party sites.

4. Site management

Focused does not control all uploads and information exchanges performed throughout the Site and is not responsible for such exchange and communication. The Site content and the Site itself are provided for review and use without any personal interference from the Site holders (except pre-moderation), conditions and warranties of any kind, expressed or implied. Nevertheless, Focused has the right to move, delete, refuse to publish, or edit any text message or files which Focused may regard as violating or presumably violating these Terms of Use, the rights of private or intellectual property, or similar rights of third parties. The User agrees to the expropriation of any commissions paid for the respective files.

Focused regularly updates technical content and other information on the Site. Nevertheless, Focused makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. Focused is able to add, review or delete information, resources and services posted on the Site at its sole discretion. Also, Focused reserves the right to make changes to the Site without prior notification.

Focused has the right but not the obligation to correct mistakes in the files at its own discretion.

Focused respects intellectual property of third parties and asks its users to behave the same way. If any User has grounds to believe that his/her work has been copied in violation of copyright, or his/her other intellectual property rights have been violated directly or indirectly, the User should provide Focused with a claim or notice of such infringement in accordance with the form given within the Terms of Use.

By accepting these Terms of Use, the User acknowledges his/her consent to receive electronic newsletters and notifications from Focused. The User can always access his/her Private Profile to change whether to enable or disable notifications.

5. Confidential information

In accordance with the purposes of these Terms of Use, the term “Confidential Information” is used to mean any documents, software, data, information or files related to the process of Focused management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to: design, business processes, business models, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, Site content belonging to others, and other intellectual property.

The User realizes that Confidential Information is such and cannot be disclosed to third parties without clear written permission from Focused and its licensors, or used otherwise, except in cases established by law or directly specified within these Terms of Use.

6. Software and computer viruses

At times, site failures may occur due to Internet connection, software operation, data transmission, etc., and it is possible that an incorrect or incomplete transmission of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.

Focused is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files from the Site. Focused strongly encourages the use of anti-virus software or other protective programs during interactions with all web sites.

7. Procedure of notification and presentation of infringement claims

Focused respects intellectual property rights, acts in accordance with intellectual property laws, and expects all users to do the same. In the event any User believes his/her intellectual property has been copied and used in violation of his/her rights, or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to Focused including the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;

  • Description of the work or other kind of intellectual property belonging to the owner that the User claims has been breached;

  • Description of the location at the Site where this material was found;

  • The email address, phone number and physical address of the User;

  • The User’s application, including a reasonable supposition that the disputed usage is used in violation of the law, or without the consent of the copyright owner;

  • A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that the statement author is the owner himself/herself or a person authorized to act on behalf of the copyright owner.

The letter including all of the above should be addressed to Focused and submitted through the Contact Us section of the Site or by email to support@focusedcollection.com.

8. Indemnity

By consenting to these Terms of Use, the User agrees to indemnify, defend and hold Focused, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Focused Parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any of the Focused Parties as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any part of these Terms of Use, including but not limited to the following cases:

  • Purposeful or casual usage of the Site and/or its files made with the User’s login, regardless of whoever entered the authorization;

  • Any correspondence made by the User or the downloading of any files made while logged in as the User;

  • Any violation by the User of the terms and provisions of these Terms of Use.

Focused reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User, and the User agrees to cooperate with Focused’s defense in the event of such claim.

9. Term, grounds and principles of termination

These Terms of Use are effective until the moment of their termination. For the User to terminate these Terms of Use at any time, the User should send a message using the Site’s Contact Us form or by any other written form appropriate for him/her, which identifies the User and confirms the User’s intention to notify Focused regarding the desire to terminate these Terms of Use. Focused reserves the right at its discretion to suspend, terminate or restrict the User’s right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.

Focused has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.

Focused also retains the right to suspend or fully terminate access of the User to the Site files in case of absence of activity from the User over an extended period of time, which Focused may interpret as the User’s inability to gain access to the Site files.

Termination of these Terms of Use does not automatically exempt a User from liability and obligation of reimbursement of debts to Focused in accordance with the provisions of these Terms of Use or other liabilities of the User, namely: not to use the Site files or other content presented within its resources by ways other than those permitted with the terms and provisions of these Terms of Use that were valid at the moment of said use. These Terms of Use will be terminated without derogations or impairment to the rights of Focused, limitations and defense of liabilities provided in accordance with the terms of these Terms of Use, which defense, limitations of liabilities and rights shall survive termination of these Terms of Use.

Upon termination of the User profile and his/her access to the Site files, the User confirms his/her consent to forfeit all credits remaining in his/her account.

10. Disclaimer

The site, site content and services are provided “as is”, without representation, warranty, guarantee or condition of any kind, either express, implied, statutory or otherwise. site content is provided purely as user-generated content and shall not be subject to mandatory supervision or interference of focused. users always use the site, site content and services at their own risk.

Focused hereby expressly disclaims any and all representations, warranties, guarantees and conditions of any kind, whether express or implied, to each and any site content and service made available at any time, including, but not limited to implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness, completeness, compatibility, currentness, integration, security, privacy, title, usefulness, suitability, quality, simple usage and any other warranty that might arise under any applicable law. Focused makes no commitments about the site, site content and services.

Moreover, Focused further disclaims any representations, warranties, guarantees and conditions that:

  • Access to the site, site content and services will be uninterrupted and error-free at all times;

  • Site, site content and services will meet user’s expectations, will be satisfactory to user’s needs and requirements or will be uninterrupted and error-free;

  • Results that may be obtained from the use of the site, site content and services will be effective or reliable;

  • Any errors or defects in site, site content and services will be corrected by Focused;

  • Site, site content and services will be permitted in any jurisdiction;

  • Site, site content and services will be free of viruses, similar contamination or destructive features and/or any other harmful components;

  • Site, site content and services will be interoperable with user’s hardware and software;

  • Any or all user-generated content will be available through the site or will be stored (temporary or permanently) as site content;

  • Any documents regarding site, site content and services will be available at any time;

  • Focused will continue to support any particular service or feature of the site and site content.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory representations, warranties, guarantees and conditions shall be limited in duration to a period of thirty (30) days after the date on which user first used the site, site content and service, and no warranties shall apply after such period.

Because site content and services provide you with digital content that is not supplied on a tangible medium, no withdrawal of these terms of use by user shall be possible under any conditions.

11. Limitation of liability

The User confirms that he/she understands and accepts responsibility and assumes all risk resulting from use of the Site, without limitations.

Focused, its employees, management, partners, shareholders and agents are not responsible for failures of any kind or shutdown of the Site resulting in loss of business information or profit; other financial losses in connection with claims of any kind; or losses, petitions, actions or other events arising out of these Terms of Use; as well as events outside its jurisdiction, including without limitations the Site navigation and use and access to any files or their parts; as well as any rights included even if Focused was advised of the theoretical possibility of such damages, regardless of whether the event and failure happened because of infringement of intellectual or other property, or was based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.

Total aggregate liability and indemnification of Focused in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed ten U.S. dollars ($10.00).

If effective laws and ordinary acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not by applied to the User. In case of a situation falling under such jurisdiction, the liability of Focused or any of its employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by law.

12. Age and responsibility

Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Focused will immediately remove personal information about children and/or search to obtain a verifiable parental consent for the collection, use, or disclosure of personal information from children, once it comes to Focused’s attention that any personal information from children was submitted or collected through the Site.

The User confirms and warrants that he/she has reached the age of 18, has all the qualifications for using the Site and is bound by legal obligations sufficient for any liability that can result from usage of the Site or Site files. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.

13. Applicable law

By entering the Site User agrees that these Terms of Use is governed by the laws of the state of New York, USA.

The validity, interpretation and enforcement of these Terms of Use, matters arising out of or related to performance or breach of these Terms of Use, and related matters shall be governed by the internal laws of the state of New York (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of these Terms of Use, matters arising out of or related to performance or breach of these Terms of Use, and related matters, shall be brought exclusively in the state or federal courts located in the state of New York. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these Terms of Use.

The User agrees to service and process all necessary notifications directed to him/her at the postal address indicated by him/her during registration at the Site or the most recent subsequent update of his/her Private Profile.

The User agrees to refrain from:

  • Any rights that he/she could have to the process or result of a trial by jury;

  • Taking part or organizing any collective claim against Focused in connection with the Site work, provisions of these Terms of Use or any agreements considered herein.

If Focused is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Focused for all expenses, payments and fees in the event that Focused is successful.

14. GENERAL PROVISIONS

The User confirms that, in addition to these Terms of Use, he/she has familiarized himself/herself with the Terms of Use and other agreements that are referenced in these Terms of Use, and agrees with the restrictions that they impose.

Absence of actions or consequences of actions performed by Focused to enforce the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.

User shall not be allowed to assign these Terms of Use and/or transfer User’s rights and obligations under these Terms of Use fully or partly to any third parties. Focused shall be free to assign these Terms of Use and/or transfer User’s rights and obligations under these Terms of Use fully or partly to any third parties at Focused’s sole and absolute discretion.

15. Contact Information

For any questions in connection with the provisions of this document, please contact Focused at support@focusedcollection.com.

16. Acknowledgement

By accepting these terms of use, the user acknowledges that he/she has read these terms of use, understands them, and had an opportunity to seek independent legal advice prior to agreeing to them. in consideration for focused agreeing to provide the content, the user agrees to be bound by these terms of use. the user further agrees that this is the complete and exclusive statement of the agreement between the user and focused, which supersedes any proposal or prior agreement, oral or written, and any other communication between the user and focused related to the subject of these terms of use.

By accepting these terms of use, the user also acknowledges that he/she has read and understood all other related agreements listed below, which can be found on the website, and accepts all the terms and conditions of said agreements:

In the event that the user does not agree with the terms and conditions of one or more of the above-mentioned documents, the user should cease using the website or any features of the website governed by these terms of use; by using the website and its features, the user implicitly agrees with all the provisions of these terms of use.

Disclaimer: The original, legally binding version of this document is written in English, and is translated into other languages for the convenience of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.