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Conditions of Use


1. Restrictions on Use:

Except as otherwise indicated elsewhere any person is hereby authorized to view, copy, print or distribute a particular portion, graphics, audio and/or video materials, photograph, text, file or other documents related to this Website ("Materials"), subject to the following conditions:

a) The Materials may only be stored, distributed or otherwise used for lawful, informational, non-commercial purposes relating to providing humanitarian relief and development programs. This means that the following, without limitation, are among the prohibited uses of the Materials: using Materials for advertising purposes, implying that INFOCUS endorses or uses certain products or services, or directly or indirectly publishing the Materials, rewriting them for broadcast or publication or redistributing the Materials in any medium.

b) Any copy of Materials or portion thereof must include the INFOCUS copyright notice above; except to the extent that another notice is posted on this Website in connection with certain Materials used, then such Materials shall bear that author attribution, trademark legend or copyright notice.

c) You shall not post or transmit through this Website any information or documents that violate or infringe in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, that gives rise to civil liability or that otherwise might violate any law.

d) INFOCUS reserves the right to revoke this authorization at any time, and any use of this Website shall be discontinued immediately upon notice from the INFOCUS.

e) INFOCUS may, from time to time, change or discontinue any aspect or feature of this Website, including, but not limited to, Materials, content, hours of availability, and equipment needed for access or use.

f) You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website, and all charges related thereto.

g) Information obtained through the Website shall not be used to disparage INFOCUS or its activities.

2. Submissions:

a) All remarks, suggestions, ideas, graphics, or other information communicated to INFOCUS through this site (collective, the "Submission") will forever be the property of INFOCUS. INFOCUS will not be required to treat any Submission as confidential, will not be liable for incorporating any Submission into ideas for its business (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future INFOCUS operations. INFOCUS will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not INFOCUS, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By submitting material to any public area of this Website, you automatically grant or warrant that the owner of such material has expressly granted INFOCUS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that other user's use.

b) This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sounds belonging to INFOCUS or to certain contributors to this Website. INFOCUS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to INFOCUS. You acknowledge that you acquire no ownership rights by downloading copyrighted material. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, make any changes in or deletion of author attribution, trademark legend or copyright notice or in any way exploit any of the content, in whole or in part, relating to the Website, except as expressly stated herein.

c) You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely responsible for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

3. Liability:

a) You agree to defend, indemnify and hold harmless INFOCUS, INFOCUS International, their affiliates, their respective directors, officers, employees, agents, third party content providers or licensors (collectively, "INFOCUS Entities") from and against all claims, losses and expenses of any nature, including, but not limited to, lost profits, direct, indirect, incidental, special, consequential or punitive damages, attorneys' fees and disbursements, arising out of the use of this Website by you. No INFOCUS Entities shall be liable for any claims, losses of any nature, including without limitation, claims relating to any defamatory, offensive or illegal conduct. You expressly agree that use of this Website is at your sole risk, and that the provisions of this section apply to all content on this Website.

b) The Materials are provided "AS IS" and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law. INFOCUS disclaims all warranties of merchantability or fitness for a particular purpose. INFOCUS does not warrant or make any representations regarding the use of, or the result of the use of, the Material or this Website including, without limitation, its authenticity, omissions, completeness, accuracy, reliability, interruption, defect, deletion, sequence, delay in operation or transmission, line failure, the content of any information, service, or merchandise provided through this Website, the use or the inability to use the Material or this site, the correction of defects in Materials or on this Website, whether this site or the server that makes it available are free of viruses, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or other harmful components.

c) The limitation of liability set forth herein also applies to third party content on this Website. In certain cases, INFOCUS is a distributor (and not a publisher) of content supplied by third parties and users. Accordingly, INFOCUS has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of this Website, are those of the respective author(s) or distributor(s) and not of INFOCUS. Under no circumstances will INFOCUS have any responsibility for any loss or damage relating to this information or your reliance on it. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

d) The foregoing limitation shall apply even if there is negligence on the part of INFOCUS Entities or an authorized INFOCUS representative has been advised of the possibility of such damages, or both.

e) Information on this Website, or the websites of any of the INFOCUS's related, affiliated or subsidiary entities, is provided with the understanding that INFOCUS Entities are not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.

f) This Website may be linked to other sites which are not maintained by INFOCUS. INFOCUS is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by the INFOCUS of the sites. INFOCUS makes no representations whatsoever about any other website which you may access through this one.

4. Employment at INFOCUS

INFOCUS is an equal opportunity employer committed to a diverse work force. To be considered for a position at INFOCUS, you must contact the INFOCUS Human Resources Department and submit an application to pursuant to INFOCUS's employment policies.

5. INFOCUS Programs

This Website is distributed internationally and may contain references to INFOCUS services, products, and programs that are not in your country. These references do not imply that INFOCUS intends to announce or provide the programs, products, or services in your country. All questions about INFOCUS activities in your country should be directed to the INFOCUS Country Office in your country.

6. Monitoring:

INFOCUS shall have the right, but not the obligation, to monitor the content of this Website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by INFOCUS or to satisfy any law, regulation or authorized government request. INFOCUS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this Website. Without limiting the foregoing, INFOCUS shall have the right to remove any material that INFOCUS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

7. Termination:

INFOCUS or you may terminate this Agreement at any time. You may terminate this Agreement by destroying at Materials obtained from all INFOCUS sites that are in your possession. INFOCUS may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all Materials.

8. Trademark Information:

The marks INFOCUS and certain other trademarks, tradenames or logos relating thereto, are registered in the United States and, to the extent used outside the United States, in other countries. All rights reserved. Other trademarks or tradenames displayed on this site or through links to other sites are the property of the respective trademark owners.

9. Miscellaneous:

a) This Agreement and any operating rules for INFOCUS established by INFOCUS constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

b) This Agreement shall be construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of laws rules. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

c) INFOCUS can revise these Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on this Website, or by electronic or conventional mail, or by any other means by which the Website user obtains notice thereof. Any use of this Website by you after such notice shall be deemed to constitute your acceptance of such changes, modifications or additions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

d) The section headings used herein are for convenience only and shall not be given any legal import.

e) The provisions contained herein for the benefit of INFOCUS, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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