Terms of Service
Last Updated on 22 February 2023.
These Terms of Service apply to your use of the website at https://focusd.com.au and any related services offered by Focus’d Media Studios.
By accessing https://focusd.com.au, you agree to comply with these Terms of Service and all relevant laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or any other services provided by Focus’d Media Studios.
Focus’d Media Studios reserves the right to review and amend these Terms of Service at our sole discretion. We will update this page accordingly, and any changes will take effect immediately upon publication.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Focus’d Media Studios provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorised advertising or spam;
- harvest, collect or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
Focus’d Media Studios owns the intellectual property in the materials on this website. We license clients to use these materials solely for their specific purposes, but this license does not transfer ownership. Violating these restrictions or our Terms of Service will automatically terminate the license, which may also be revoked by Focus’d Media Studios at any time.
We reserve the right to use the materials in our own marketing collateral.
For logo and branding development, the intellectual property remains with Focus’d Media Studios until the work is completed and full payment is received. After these conditions are met, we transfer full intellectual property rights to the client.
If clients provide images for use in design works, they certify ownership or obtain express permission to use the content, and indemnify Focus’d Media Studios accordingly.
Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Focus’d Media Studios makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Focus’d Media Studios or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Focus’d Media Studios or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Links
Focus’d Media Studios has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Focus’d Media Studios of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Contact
If you have any questions or concerns relating to these Terms of Service, please contact Focus’d Media Studios on (07) 3521 8100 or hello@focusd.com.au.