Terms of Service

Updated on Jan 20, 2015

Terms of Service

Thank you for using Focusky Online Service! These terms of service (the "Terms") govern your access to and use of Focusky Online Service (the "Service"), so please carefully read them before using the Services.

By using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

You may use the Service only in compliance with these Terms. You may use the Service only if you have the power to form a contract with Focusky and are not barred under any applicable laws from doing so. The Service may continue to change over time as we refine and add more features.

Use of the Service

  1. Content

    You can use the Service only to online your files created by Focusky programs or related files you used in your created presentation, like images, sounds, videos, etc. If you use the Service to host other files, we may stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content from our Service at our discretion.

  2. Prohibitions and Requirements

    1. PROHIBITION OF ADULT CONTENT

      You are prohibited from storing or posting adult content, or links to adult content, through the Focusky service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

    2. PROHIBITION OF OFFENSIVE BEHAVIOR

      Racist, intolerant, "hate", defamatory, "stalking", invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.

    3. AGE REQUIREMENTS ON PURCHASES

      You must be of adult age in the subscribers' jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

    4. INTELLECTUAL PROPERTY PROVISIONS

      You are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).

    All content provided within or via this Service is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.

Account

  1. Create Account

    By using the Service you need to create an account, the Service requires you to provide your email address, and each user has a password that they choose. To maintain security it is important not to share your password with anyone. Select a longer password with a mix of letters, numbers and symbols makes it more difficult for others to guess your password. It is also helpful to change passwords on a regular basis.

  2. Account Suspension

    We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. You will not be credited for the time your books were suspended. Though we’d much rather you stay, you can stop using the Services any time.

Payment and Fees

  1. Payment Methods

    All prices listed on the Service page are in U.S. Dollars. We accept PayPal. Please ensure that your billing information is exactly correct to avoid delays in order processing. Incorrect information may cause a delay in the processing of your order. Your order may also be delayed if additional verification of billing information is necessary.

    To pay using PayPal, you must have an established PayPal account. For more information on setting up a PayPal account, visit their web site: http://www.paypal.com. Select PayPal as the payment method by clicking the button at the bottom of the page to place your order using PayPal. This will direct you to the PayPal web site. Enter your PayPal login e-mail address and password and hit continue. Follow the instructions on the PayPal web site to process your payment. Once you confirm and process the final payment on the PayPal web site, you will receive your Payment Receipt, Registration Information, Rental Information in your email box which you set while building your own account.

    You agree that PayPal shall be permitted to charge your credit card monthly in advance of providing the Service if you choose monthly payment mode. The Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by PayPal may be turned over to an outside collection agency for collection.

  2. Fees

    Focusky is not responsible for any additional bank fees, interest charges, finance charges, or other fees resulting from charges billed by PayPal. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

  3. Service Cancel

    You have the right to cancel your account and stop using the service at any time. If you are paying with PayPal, you will not be able to stop from Focusky Service page, please go to PayPal web site, login your PayPal account and stop paying for the Service on the page directly.

Your Stuff

You are solely responsible for your conduct, the content of your files and folders. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that Focusky has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Service.

Files and other content in the Service may be protected by intellectual property rights of others. Please do not copy, upload or download files unless you have the right to do so. You, not Focusky, will be fully responsible and liable for what you copy, upload, download or otherwise use while using the Service. You must not upload spyware or any other malicious software to the Service.

You, and not Focusky, are responsible for maintaining and protecting all of your stuff. Focusky will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.

Disclaimer of Warranties

Focusky disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Focusky or through the Focusky service will create any warranty not expressly stated herein. You expressly acknowlege that this disclaimer includes Focusky's officers, directors, employees, shareholders, agents, licensors and subcontractors. You expressly agree that the use of the Focusky service is at your sole risk.

The Focusky service and any data, information, user submissions, linked sites, products, services, or applications made available in conjunction with or through the Focusky service are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied. Focusky, its licensors, affiliates, and partners do not warrant that the data, user submissions, or any other products, services or applications offered on or through the flilpbuilder service or any linked sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Focusky, its licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the service or any linked sites in terms of correctness, accuracy, reliability, or otherwise.

You understand and agree that you use, access, download, or otherwise obtain nformation, materials, or data through the service or any linked sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.