Just wanted to let you know that I’m in the middle of a LIVE REDESIGN. Bear with me – the new version should be complete soon. In the mean time – Happy Thanksgiving!
focus on the clouds
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About Focus on the Clouds

Early in my life clouds began to catch my eyes. During school, I couldn’t sit by windows in class without being helplessly distracted. Later in life, if I needed to clear my mind, I’d just step outside...

Soon I began expressing this fascination artistically. In fact, this attraction has been one of the major muses for my photography and, as my domain suggests, this web site. And so it is also the purpose of the web site - to distract you for a few moments by sharing some of the scenes which have taken my attention in the past few years.

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focusontheclouds.com Digital Picture License v1.0

PLEASE READ THIS CAREFULLY BEFORE ORDERING ANY IMAGES FROM US

NOTICE: You are buying a license to use a digital picture, print or other image items (Images). You are not buying ownership of the image or digital file itself. focusontheclouds.com provides digital pictures under the following license which defines usage limitations and limitations on warranties and/or remedies. By purchasing a license from focusontheclouds.com, you agree to be bound by all of the terms and conditions set out in this digital picture license agreement. You agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the digital picture(s).

A. LICENSE:

focusontheclouds.com ("We" or "Us") grants you a non-exclusive, limited, transferable license to use, reproduce, modify, publish, display and distribute the digital picture(s) or print(s) or other image items (the "Image(s)") in accordance with the terms of this license ("License"). For the purposes of this License, "You" means an individual or a legal entity exercising rights under, and complying with, all of the terms of this License. If you are downloading Image(s) in your capacity as an employee of a company or other legal entity, the License granted hereunder is granted to such entity.

B. PROPRIETARY RIGHTS:

Under copyright law you are not permitted to use any of the material or information or other content of this website and our Images without our permission. The copyright and all other rights of the Image(s) shall remain with Us and/or the owner of the digital picture(s).

C. USAGE:

For each Image purchased, you are granted the right to create one print (or other hard copy format output) up to 24" x 36" in size or to access the digital image for display from no more than one computer at once. Examples of allowable uses include having one 16" x 20" print made, loading the Image as a wallpaper for your personal computer or incorporating it into a single copy of a business report. You are granted permission to make backup copies of the Image(s) provided they are not accessed for purposes other than restoring lost or corrupted original Image(s).

E. RESALE

We allow the resale or transfer of our Images in hard copy form (prints, posters, T-shirts, mugs ...) up to 24" x 36" in size providing this License is agreed upon by and transferred to the new License holder. One License is required for each License sold. An example of an approved sale of our Image(s) would be to create and sell T-Shirts bearing our Image(s). Remember - If you wish to create five T-shirts from one of our digital pictures, you need to purchase five licenses. The buyer of the License bound by this agreement. Any Image(s) remaining with the original owner for which he/she no longer has a License for must be destroyed. Remember - one License is required for each License sold.

F. VOLUME LICENSING

If you are interested in displaying our Image(S) in a digital format viewable by more than one computer (a web site for example), output in a large format (greater than 24"x36") or to produce a large volume of hard copy representations of our Image(s) such as in a magazine or brochure, please contact us for volume licensing.

G. YOU MAY NOT:

Create scandalous, obscene, defamatory, pornographic or immoral works using the Image(s), nor use the Image(s) for any other purpose prohibited by law; Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof; Use any Image(s) except as expressly permitted by this License.

H. OWNERSHIP / COPYRIGHT:

We and our licensors retain all rights not expressly granted by this agreement including ownership and copyright of all Images. All rights to the Images are owned by Matt Harris and/or its licensors and are protected by United States copyright laws, or the equivalent law in any country around the world.

I. TERM:

This License shall continue for as long as You are in compliance with the terms and conditions of this agreement. This License will terminate immediately if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Image(s). The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

J. LIMITATIONS OF WARRANTIES AND LIABILITY:

The images are provided and licensed by focusontheclouds.com on an "as is" basis, without any other warranties or conditions, express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. The entire risk as to the results and performance of the images is assumed by you. We shall not have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, lost or damaged data or other loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you shall not exceed the amount paid by you for the images. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

K. INDEMNITY:

Licensee shall indemnify and hold harmless focusontheclouds.com and its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Licensee's use of any Images or Licensee's violation of this agreement. This agreement will inure to the benefit of focusontheclouds.com successors, assigns and licensees. In no event will either focusontheclouds.com or its suppliers be liable for any direct, indirect, consequential, incidental or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption of data) however caused and whether arising under contract, tort, (including negligence), or otherwise. You acknowledge that the allocation of risk in this agreement reflects the price paid for the Image(s) and also the fact that it is not within our control how and for what purposes the Image(s) are used by you. You further acknowledge the limitations of liability and disclaimer in this clause are reasonable as focusontheclouds.com has no knowledge of the specific use to which you will put the Image(s); no knowledge of the suitability of the Image(s) to you and your business; and (iii) provided you with the opportunity to examine the Images on the website prior to their purchase by you from focusontheclouds.com.

L. RETURN POLICY:

focusontheclouds.com has a no-return policy on all Images. Since there is no way to determine whether you have or will use the picture after download, all purchases are final. Please ask any questions you have before making your purchase.

M. TERMINATION

Your license to use the Image(s) will terminate automatically if you fail to comply with any term of this agreement. This agreement will also terminate without further action or notice by us if you become bankrupt, go into liquidation, suffer or make any winding-up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in any jurisdiction in consequence of any debt. Upon termination of this agreement for any reason you will destroy the Images together with any copies in any form, including copies on your hard and back-up disks, in your possession or control. You will provide us with written confirmation of such destruction from an authorized officer of your company or personally from an individual. Any use of any copies of the Images after termination of the License is unlawful.

N. DUTIES AND TAXES:

You are responsible for any duties or taxes that may apply to your purchase from focusontheclouds.com. We do not collect any duties or taxes from any country. If focusontheclouds.com is charged for taxes and duties on your shipment, You agree that we may assess the charges to your credit card.

O. ELIGIBILITY:

To be eligible to purchase a License for the Image(s), you must be in compliance with applicable export laws. By purchasing the Image(s) you are representing and warranting to focusontheclouds.com that you are compliant with the following statements: (1) you are not a citizen, national or resident of, and are not under the control of, the government of any country to which the United States has prohibited export; (2) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to the countries mentioned in clause (1) nor to citizens, nationals or residents of those countries; (3) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, or Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (4) you will not download or otherwise export or re-export the Image(s), directly or indirectly, to persons on the lists mentioned in clause (3); (5) you are 18 years of age or older. If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to purchase a License for the Image(s) and/or download the Image(s).

Q. ENFORCEABILITY:

If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

R. GENERAL:

This License is the entire agreement between You and Us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the state of Tennessee, USA and excludes that body of law applicable to choice of law and excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. You hereby consent and attorn to the jurisdiction of the courts of such state. focusontheclouds.com may assign this License at any time. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be reformed only to the extent to make it enforceable and the other provisions shall remain in full force and effect.

S. CONTACT US:

We are quite flexible. If you have any questions, contact us at info@focusontheclouds.com!

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Latest Diversions

The inverse power of praise
Should praise focus on intelligence or persistence?

Wildlife conscious vandals...
Who new?

Unlimited e-mail address w/ Google
Apparently you can add a +[any string] between your username and the @ sign in your gmail address - email+spam@gmail.com. Very useful.

Make a ring out of a dime
...if only there was more time.

How to steal a bike in NYC
Classic.

Ping Pong Ball + Plastic Cup
Equals hours of fun...

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© 2006 Matt Harris. All Rights Reserved.

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