Lenstag Reward Program
Terms and Conditions
SECTION 1 – PROGRAM OVERVIEW
Lenstag, LLC ("Lenstag") offers and operates the Reward Program (the "Program"), a bounty program for stolen camera equipment. Under this Program, Lenstag offers tipsters ("Tipsters") a reward for information leading to the recovery of stolen equipment belonging to enrolled Lenstag Users ("Pro Users") and to the arrest and conviction of the individuals involved in the commission of those crimes.
By participating in this Program, either as a Tipster or a Pro User, you hereby agree to the terms and conditions below (the "Program Terms") and Lenstag’s Terms of Service set forth here
("Service Terms"). The Service Terms are incorporated herein by reference.
SECTION 2 – ELIGIBILITY
This Program is open only to legal residents of the 50 United States, including Washington, D.C., who are at least 18 years of age or the age of majority in their jurisdiction of residence at the time of participation.
Regardless of residency and age, you are ineligible to participate in the Program if you or your immediate family members (spouse, ex-spouse, parents, siblings, children, step-children), or members of your household (whether or not related to you) are a current employee, director, officer, independent contractor, agent, or representative of: (a) Lenstag, or its parents, subsidiaries, or affiliated companies, or any of its licensees, successors, or assigns; (b) any governmental law enforcement agency; (c) any entity involved in the development of the Program; (d) any entity providing services for the Program, other than as a Tipster; (e) any commercial entity that derives a significant portion of its revenue from the renting or selling of cameras or camera equipment; or (f) any commercial entity that derives a significant portion of its revenue from the buying and selling of used items and that has an obligation to report transactions involving such items, or a subset of such items, to a law enforcement agency (e.g., pawnshops). If you are ineligible to participate, you are prohibited from accessing, using, or registering for the Program. In addition, Lenstag reserves the right to remove from the Program any person (including you) that it determines, in its discretion, is sufficiently connected with the Program that such person’s participation could create the appearance of impropriety. Conversely, Lenstag reserves the right to allow any person to remain part of the Program who may have a connection with the Program if, in Lenstag’s discretion, Lenstag determines that such person’s participation does not affect the Program’s integrity.
SECTION 3 – USER ENROLLMENT
To participate in the Program as a Pro User, you must enroll as a Pro User through Lenstag’s website and pay a monthly subscription fee. You may have only one Pro User account, and as a Pro User, you may activate the Program only once per year. Subscription prices may change from time to time at Lenstag’s discretion, but the current pricing may always be found here
. All other payment terms are set forth in the Service Terms
. Lenstag will not collect information (e.g., tips), offer rewards, or provide other Program-related services for your equipment if it is stolen prior to your enrollment as a Pro User or if your Pro User account is not in good standing at the time the equipment is stolen.
SECTION 4 – EQUIPMENT VERIFICATION
As a Pro User, you must register your equipment with the Program, and Lenstag must complete its verification process of that equipment at least 60 days before it is stolen in order for that equipment to be covered by this Program. Lenstag will not verify your equipment until you are enrolled with the Program in accordance with Section 3. Lenstag determines, in its discretion, what information and material you must submit to complete the verification process. This may include photographs of equipment, proof of purchase, and other documentation. The verification process is not complete until Lenstag receives and, at its discretion, verifies the required documentation and tags the equipment as "verified" on your account. Any material that you submit as part of this process must be accurate, up-to-date, and complete. Lenstag will not (and has no obligation to) collect information (e.g., tips), offer rewards, or provide other Program-related services for equipment that is not verified at least 60 days before it is stolen, even if that equipment belongs to a Pro User at the time it is stolen. Verified equipment may be associated with only one Pro User account. This Program does not cover equipment with a retail value under $250 or that has been previously stolen, and such equipment is ineligible for verification.
SECTION 5 – PROGRAM ACTIVATION
In the event that equipment that has been properly verified is stolen and you wish to receive the benefits of the Program as a Pro User, you must take the following steps as soon as reasonably practical to activate the Program: (a) report to Lenstag that the verified equipment was stolen and provide information related to the theft, including a list of all verified equipment that was stolen and the circumstances of the theft, by flagging your equipment as stolen on Lenstag.com (the "Initial Report"); (b) file a police report with the appropriate law enforcement agency (the "Police Report"); and (c) provide to Lenstag a copy of the Police Report (via email or post). All information that you submit to Lenstag in accordance with this section must be accurate, up-to-date, and complete.
Upon receipt of the Initial Report, Lenstag will: (a) post on its website information related to the theft (based on your Initial Report); (b) offer a reward for information related to the recovery of the verified equipment that is reported stolen and to the arrest and conviction of any individual involved in the commission of the crime (subject the Program Terms); and (c) collect information submitted by Tipsters in response to this post ("Tips").
Upon receipt of the Police Report, Lenstag will release to you, as a Pro User, those Tips that it determines, in its discretion, may be relevant to the recovery of your verified equipment or to the arrest and conviction of any individual involved in the commission of the crime. Lenstag has complete discretion as to which Tips and what information to disseminate. Lenstag will not release any Tips to you until it receives the Police Report.
SECTION 6 – PRO USERS USE OF TIPS
As a Pro User, you are solely responsible for how you use any Tips relayed to you by Lenstag. You are responsible for your interactions with third parties that you interact with as a result of the Program or the Tips, whether those interactions occur online or offline. You understand that the Tips are provided by third parties, not Lenstag, and Lenstag is merely relaying them to you. Lenstag is not responsible for authenticating or validating the Tips, and makes no representations as to their accuracy. Further, you hereby indemnify the Lenstag Entities (as defined in the Service Terms) from any claim, loss, damage, or expense related to your use of the Tips.
SECTION 7 – REPORTING RETURNED EQUIPMENT AND ARRESTS & CONVICTIONS
As a Pro User, you agree to keep Lenstag apprised of the status of any verified equipment you report stolen and of any criminal investigation or proceeding related to the theft of that equipment, to the extent allowed by law. You must notify Lenstag in writing within 15 days if: (a) any of the verified equipment that you reported stolen in your Initial Report or Police Report is returned to you; or (b) you become aware of the arrest or conviction of any individual involved in the theft of that equipment. In any such notification, you must identify which, if any, Tips were used and describe how.
SECTION 8 – TIPS
As a Tipster, you must comply, like any other user, with the Program Terms and the Service Terms. This includes all terms related to user-generated Content (as defined in the Service Terms). You represent that your Tips and their submission do not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right. You accept full responsibility for all Tips submitted by you or on your behalf and hereby indemnify the Lenstag Entities (as defined in the Service Terms) from any claim, loss, damage, or expense related to such Tips. Submitting fake or misleading Tips is strictly prohibited. In addition, you may not submit Tips related to equipment owned by you, your immediate family members (spouse, ex-spouse, parents, siblings, children, step-children), or members of your household (whether or not related to you). Lenstag has the right, but not an obligation, to review, disseminate or not disseminate, and use or not use Tips submitted by you.
SECTION 9 – CONDITIONS FOR PAYOUT
Lenstag will pay a $500 reward for each Resolved Incident, if all of the payout conditions listed below are met. A "Resolved Incident" occurs when the verified equipment that is reported stolen in a Police Report is returned to the associated Pro User and an individual involved in the associated theft is arrested and convicted for that crime. Each reward will be split equally among Tipsters who submitted a Tip that Lenstag determines, in its discretion, contributed to recovery of the verified equipment related to that Resolved Incident or to the arrest or conviction of the individual involved in the associated theft.
The payout conditions for a Resolved Incident are as follows:
- The recovered equipment belongs to a Pro User who is enrolled in the Program and whose account is in good standing, in accordance with Section 3;
- The recovered equipment is registered with the Program and has been properly verified, in accordance with Section 4;
- The recovered equipment was reported stolen and the Program was activated, in accordance with Section 5;
- All of the verified equipment that is reported stolen in the Police Report is returned to the associated Pro User and all such equipment is in substantially the same condition as it was in when stolen, and Lenstag has received, to its satisfaction, written confirmation of the foregoing;
- An arrest and conviction has been made for the theft of the recovered equipment and Lenstag has received, to its satisfaction, written confirmation of such arrest and conviction;
- A Tip contributed to the recovery of the equipment related to the Resolved Incident or to the arrest or conviction of the individual involved in the associated theft, and Lenstag has received, to its satisfaction, written confirmation of the foregoing;
- All other conditions in these Program Terms have been met; and
- All of these conditions have been met within 3 years from the date of the Initial Report.
With respect to any Resolved Incident, Lenstag has sole discretion to determine whether each condition is met. In making this determination, Lenstag may rely or not rely, in its discretion, on whatever information or material it considers appropriate, including notices provided by Pro Users in accordance with Section 7. Lenstag has the right (but not the obligation) to independently verify whether or not equipment is returned, whether or not an individual is arrested or convicted, and whether or not a Tip contributed to the return of any equipment or the arrest or conviction of an individual. Notwithstanding anything herein, the aggregate amount of payouts under this Program is capped at $10,000 per calendar year. Lenstag has no obligation to make any further payouts once that cap has been reached, regardless of whether the conditions in this Section 9 are met.
SECTION 10 – PRIVACY
, is incorporated into this agreement by reference. You understand that by participating in the Program you consent to the collection and use of your information, as detailed in that policy.
SECTION 11 – DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the "Lenstag Entities" (as defined in the Service Terms). Each of the subsections below applies only to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
A. The Program is Available "As-Is."
Your participation in the Program, including your submission and use of Tips, is at your own risk. You agree that the Program is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE LENSTAG ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.
The Lenstag Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Program and the Tips, whether user-supplied or not; (ii) the conduct, whether online or offline, of any Tipster, Pro User, or third party; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Program or the Tips; (iv) the deletion of, or the failure to store or to transmit, Tips and other communications maintained by the Lenstag Entities; and (v) whether the Program will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Lenstag Entities or through the Program, will create any warranty not expressly made herein.
B. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LENSTAG ENTITIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) THE PROGRAM; (B) THE TIPS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE PROGRAM; (D) ANY ERRORS OR OMISSIONS IN THE PROGRAM OR TIPS; OR (E) ANY CONDUCT OF ANY THIRD PARTY RELATED TO THE PROGRAM.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LENSTAG ENTITIES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID LENSTAG, IF ANY.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE LENSTAG ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF LENSTAG'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, OR PRODUCT OWNED OR CONTROLLED BY THE LENSTAG ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, OR SERVICE OWNED OR CONTROLLED BY THE LENSTAG ENTITIES.
BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You hereby indemnify the Lenstag Entities from any claim, demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of (i) your or your account’s use or misuse of the Program, the Tips, or any information that you obtain from the foregoing; (ii) any Tips provided or submitted by you or your account; (iii) any breach by you or your account of these Program Terms or (iv) any misrepresentation made by you or your account in connection with this agreement. Lenstag reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 12 – WARNING
Lenstag reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the Program; or (b) acting in violation of these Program Terms. Any attempt to deliberately damage the Program or undermine its legitimate operation may be a violation of criminal and civil laws. Should such an attempt be made, Lenstag reserves the right to seek remedies and damages (including attorneys’ and experts’ fees) to the fullest extent permitted by law, including seeking criminal prosecution.
SECTION 13 – MISCELLANEOUS
The Program Terms apply until you or Lenstag terminate this agreement. You may end this legal agreement with Lenstag by no longer participating in the Program and by deactivating your account, if applicable. Lenstag may stop providing you with all or part
of the Program and terminate this agreement at any time for any reason. This section doesn’t affect Lenstag’s rights to change, limit, or stop providing the Program without prior notice. When this agreement terminates, all of the Program Terms terminate, except that the following sections will continue to apply: 8 (Tips), 9 (Conditions for Payout), 10 (Privacy), 11 (Disclaimers and Limitations of Liability), 12 (Warning), and 13 (Miscellaneous).
B. Waiver and Severability.
Lenstag’s failure to enforce any right or provision in these Program Terms is not a waiver of that right or provision. In the event that any provision of these Program Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Program Terms will remain in effect.
C. Changes To The Program.
Lenstag may modify the Program Terms at any time. The most current version will always be located here. If the revision, in Lenstag’s discretion, is material it will notify you via email to the email address associated with your account or by posting notice to its website. In consideration for participating in the Program, you agree to check back here from time to time to determine if the Program Terms have been revised. By continuing to participate in the Program after the revisions become effective, you agree to be bound by the revised Program Terms. If you do not agree to any modification of these Program Terms, your sole remedy is to stop participating in the Program. In addition, Lenstag may stop (permanently or temporarily) providing the Program to you or to users generally and may not be able to provide you with notice.
D. Controlling Law and Arbitration.
The Program Terms and any related actions are governed by Washington law, without regard to or application of Washington’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE SERVICES, OR THE PROGRAM BETWEEN LENSTAG AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN VANCOUVER, WASHINGTON. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and Lenstag are each waiving the right to a trial by jury and to participate in a class action or class arbitration.
The following is a list of exceptions to the foregoing dispute resolution requirements:
E. Entire Agreement.
- Either you or Lenstag may assert claims, if they qualify, in small claims court in Vancouver, Washington without first engaging in arbitration.
- Lenstag may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Program without first engaging in arbitration.
- Lenstag may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
- If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of Vancouver, Washington, and by your participating in the Program you expressly consent to venue and personal jurisdiction of those courts.
The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words "include" and "including," and variations, are considered to be followed by the words "without limitation."
G. Contact Information.
The Program is operated and provided by:
310 West 11th Street
Effective: January 27th, 2016.