Terms of Service

Welcome to Focas5: Focas5® Media™ Inc. (referred to as "Focas5," "we," "us," or "our") provides an online platform for photographers and media creators to share, license, and sell their work.
Agreement: By accessing www.focas5.com or using our services, you agree to comply with these Terms of Service.
Audience: This platform is intended for individuals aged 18 and older.

Account Creation: Users must create an account to access most features. Accurate and complete information must be provided during registration.
Account Responsibility: Users are responsible for maintaining the confidentiality of their account and agree to inform Focas5 of any unauthorized access.
Eligibility: Users must be of legal age and possess the legal right to enter into agreements in their respective jurisdictions.

Ownership: Users retain ownership of the photos, videos, and other media they upload, but grant Focas5 a license to display and distribute this content as per platform functionality.
License Grant: By uploading, users grant Focas5 a non-exclusive, royalty-free, worldwide license to use, display, and share their content within the platform and for promotional purposes.
Content Restrictions: Users may not upload content that is illegal, harmful, or violates the intellectual property rights of others.
User Responsibility: Users are solely responsible for their content, ensuring it is free of copyright or trademark infringements.

Prohibited Uses: Users may not misuse the Focas5 platform by engaging in actions like spamming, harassment, hacking, or uploading malware.
Content Misuse: Unauthorized downloading, copying, or distribution of other users' content without permission is prohibited.

Licensing and Sales: Focas5 provides opportunities for licensing and sales; users earn a specified percentage of revenue on transactions.
Payment Terms: Focas5 processes payments in accordance with its revenue-sharing policies and deducts applicable fees prior to distribution.
Refund Policy: Refunds are handled on a case-by-case basis and may be subject to specific terms.

Platform Ownership: Focas5 retains full ownership rights to the platform’s design, layout, features, and functionality.
Trademarks: Focas5 and related logos, names, and marks are protected trademarks. Users may not use these without prior permission.

Privacy Policy: Focas5 collects, uses, and shares data per the Focas5 Privacy Policy, which outlines user rights and obligations regarding personal information.

Arbitration: Any disputes arising from the TOS or use of the platform will be resolved through binding arbitration.
Governing Law: This agreement is governed by the laws of the United Kingdom, regardless of conflict of law principles.

Disclaimer: Focas5 provides its services on an "as is" and "as available" basis and disclaims warranties of any kind, whether express or implied.
Liability Limitation: Focas5 is not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the platform.

Updates to Terms: Focas5 reserves the right to modify these Terms of Service at any time. Users will be notified of material changes and their continued use of the platform constitutes acceptance.

Attribution Requirement: Users may be required to credit photographers or creators when using their content, following specific attribution guidelines outlined for each media item.
Usage Types:
- Free for Commercial Use: Media may be used freely in commercial projects, provided attribution requirements are met.
- Free for Personal Use: Media may be used for personal, non-commercial purposes.
- Editorial Use Only: Content marked as "Editorial Use Only" is intended for informational or journalistic purposes and cannot be used commercially.
- Website Use: Content designated for "Use Only on Websites" may only be displayed in online formats and is restricted from print or distribution in physical media.

Effective Date: Friday, 1st October 2024
Last Updated: Friday, 1st October 2024