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Terms of Service

Terms of Service

Last update: January 2018

1. ACCEPTANCE

Focoosin provides its service (further “Service”) to you, subject to the following Terms of Service (“TOS”). The TOS tell you what you can expect from the Service, and what Focoosin expects of you (further “User”). Focoosin will introduce some changes according to our news features as many times be needed, and as a registered and active user you will be notified about that and asked to review and express explicit acceptance if you are agreeing with.

2. Registration obligation

In order to get access to all features Focoosin uses to provide the service, you need to register, providing some information about yourself. You will be offered to choose a username and password after the registration. You give your consent to provide true and accurate information during the registration, by an e-mail request from Focoosin team. You are also responsible for providing accurate information about yourself. You must provide and are responsible for all equipment necessary to access the Service. You are responsible for maintaining the confidentiality of your password and login name and are responsible for all activities associated to your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information are obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You must notify immediately Focoosin of any unauthorized use of your membership or any other breach of security. If you provide any information that is untrue, inaccurate, or incomplete, Focoosin has the right to suspend or cancel your membership and the access to the Service.

If a third party, such as an employer, provide you a Focoosin account, that party has rights over your account an is allowed to: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or stored content in your account.

3. Payment

For paid plan usage, you must be authorized to use the credit card that you enter when you create a billing account. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may make charges shortly after your subscription is confirmed. We may automatically renew your Service and charge you for any renewal term, after a preview notification. All paid accounts are due the date the invoice is posted to your account. The Services will calculate the payment amount based on the number of users registered during the payment period, independently if users use the service or not.

You must keep all information in your billing account updated. You can access and modify your billing account information on the Site. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you, we may cancel the Service. Your notice to us will not affect charges we submit to your billing account before we could act on your request, considering at least 3 business days.

If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.

The fees applicable for the Service ("Fees") are available on the price list published by Focoosin. The price stated for the Service excludes all taxes and charges unless stated otherwise. You're responsible for any taxes and for all other charges incidental to using the Services (for example, data charges and currency exchange settlements). You will pay the fees in the currency Focoosin have quoted for your account.

We'll notify you in advance, either through the Service or to the email address you have most recently provided to us if we change the price of the Service. If there are a specific length and price for your Service offer already in effect, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the then-current price. If your Service is on a period basis (for example, monthly) with no specific length, we'll notify you of any price change at least 30 days in advance. If you don't agree to these changes, you must cancel and stop using the Service, by canceling your account at your profile page, prior to the conclusion of your current payment term, whether monthly, yearly or otherwise. If you fail to cancel your subscription in accordance with these Terms, we will automatically renew the Service at the then-current price and for the same subscription period and will charge your credit card on file with us, starting on the first day of the renewal of the subscription period.

We may suspend or cancel your Service if you fail to pay the full amount on time. No payment after 30 days after the due date will allow Focoosin to delete the user’s account and their related account in case of monthly subscription accounts.

4. Corporate identification and trademarks.

All the registered and/or unregistered trademarks and service marks, that are used or mentioned on the website of this online service are the property of Focoosin unless otherwise is stated. You have no right to copy, reproduce, distribute, duplicate, sell or modify these trademarks in any form without the previous consent of Focoosin. The use of Focoosin’s images or contents, whatever it be, cannot be reproducible on any other website or software application. For other uses such as research or case studies, Focoosin team must be contacted and give express permission.

5. Copyright

Focoosin provides you with the right of electronic copying and printing of a part of materials related to your own account on the website for your personal use. Nevertheless, all rights on the materials and content on the website and software application are the intellectual property of Focoosin. 2018 Focoosin (TM). All rights reserved.

6. Using Focoosin

As part of the Service, we provide downloadable client software (the “Software”) for your use in connection with the Service. This Software may update automatically and if such Software is designed for use on Windows and MacOS operating systems, then a compatible system is required for use. So long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between Focoosin and the user, Focoosin retains all right, title and interest in the Software.

Our Service is not intended for use by persons under the age of 13.

By using the Service, you are representing to us that you are over the age of 13.

7. About the Content

Users can not use services platform to store or transmit inappropriate Content, such ast: (i) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (ii) containing any material that encourages conduct that could constitute a criminal offense, or (iii) any content that violate or infringe the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party; The Service allows you to create tasks and associated information, text, files and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service. We reserve the right to remove Content from the Service that violates any point of aforementioned Terms of Services without the previous consent of the user. The Service is provided by the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Focoosin reserves the right to store and process personal information outside of the United States and will use commercially reasonable efforts to provide you with at least 30 days notice of any such changes in the processing location.

8. Links

Focoosin forbids to use any of Focoosin trademarks as the link to another website unless this link was previously approved.

9. Disclaimer of Warranties

Focoosin disclaims all warranties that the aforementioned online service will correspond your requirements or that it will update constantly, timely, accurately and faultlessly. It does not guarantee the results, that can be received through the use of the online service and the accuracy and reliability of the information received from this website. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE CONTENT. UNLESS ANYTHING ELSE IS PREDETERMINED, FOCOOSIN PRESENTS THE CONTENT OF THE WEBSITE AS SUCH AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, TO THE FULL EXTENT PREDETERMINED BY LAW. HERE BELONG IMPLIED WARRANTIES OF SERVICE STATE, NON-VIOLATION OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR USE. UNDER NO CIRCUMSTANCES WILL EITHER FOCOOSIN BE RESPONSIBLE FOR ANY DAMAGES OR LOSS INCLUDING THE DAMAGE FROM NON-RECEIVED PROFIT, TERMINATION OF BUSINESS FUNCTIONING OR THE LOSS OF INFORMATION, CAUSED BY IMPOSSIBILITY TO USE THE WEBSITE CONTENT, EVEN IF FOCOOSIN WAS WARNED ABOUT POSSIBLE DAMAGE. Disclaimer of claims on the violation or right of this TOS by any party will not serve as a reason for disclaimer of claims concerning any of the following violations or rights of this TOS. In case any of the statements of this TOS is declared by the court as invalid or not subject to the court proceedings, such a statement will be excluded from the TOS, while all the rest will be absolutely valid.

10. Compensation

You agree to compensate, protect and not to damage Focoosin SpA or any of its subsidiaries, its representatives, managers, personnel, freelancers, agents, affiliates, departments, distributors and license holders from and as a result of any court verdict, loss, defects, damage, responsibilities, costs and expenses (including reasonable payments for solicitor service), that come as a result of any demand, claim, suit or proceeding that was caused by this TOS, the website or any products and services connected with them.

11. Reservation of Rights

All rights, implicitly guaranteed by this document are reserved.

12. Contact information

If you have any questions about Focoosin’s terms of service, send us an email to contact@focoosin.com

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