TERMS OF SERVICE
Welcome to Lenstag’s website.
These Terms of Service (the “Terms”) govern the use of Lenstag’s websites, mobile sites, mobile apps, services, and other products (collectively, the “Services”), as well as any information, documents, text, images, files, and other materials uploaded to or downloaded from, stored on, or transmitted through the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not download or access the Services.
SECTION 1 – THE SERVICES
Lenstag is committed to providing photographers with global protection for their cameras, lenses, equipment, and images. Through Lenstag’s Services, users can easily register and monitor their equipment, report items stolen in minutes, and receive notifications when those items are sold or found. By providing a platform where users can easily exchange and manage information related to their equipment, Lenstag allows its users join the fight against theft.
SECTION 2 – YOUR USE OF THE SERVICES
A. User Compliance.
You, and you alone, are responsible for your use of the Services and the Content. You must use the Services and the Content in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
B. User Accounts.
To access certain features (such as registering a limited number of equipment items), you must create an account. You represent that any information you provide as part of this process is valid and complete and that you will keep this information up-to-date. You are responsible for safeguarding your username and passwords and for all actions by your account. You agree to notify Lenstag immediately if you suspect any unauthorized use of, or access to, your account. Lenstag has the right to reclaim any username for any reason.
C. User Conduct Restriction.
You are allowed to use the Services as long as you follow Lenstag’s rules. If Lenstag determines that you have violated any of the rules below or elsewhere in these Terms, Lenstag has the right to terminate your use of the Services and to take other actions it deems appropriate. You agree not to: (a) impersonate any person or entity, or provide Lenstag with false or misleading information; (b) remove any copyright, trademark, or other proprietary notices contained in or displayed on any portion of the Services or Content; (c) distribute, license, sell, or transfer the Services, any component of the Services, such as computer code, or any Content; (d) reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to provide the Services; (e) attempt to gain unauthorized access to the Services, or to the computers, servers, and networks connected to the Services; (f) probe, scan, or test the vulnerability of any system or network related to the Services, or breach or circumvent Lenstag’s security measures; (g) access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through currently available, published interfaces; (h) interfere or disrupt the Services or servers or networks connected to the Services (including by transmitting worms, viruses, spyware, malware, or other material of a disruptive nature); (i) spam, phish, pharm, pretext, spider, crawl, or scrape the Services; (j) use the Services or Content for any illegal or unauthorized purpose; (k) use the Services or Content to infringe upon or violate any intellectual property or proprietary rights; (l) use the Services to harass, defame, slander, or intimidate, or to transmit, store, or display Content that is harmful, abusive, pornographic, offensive, obscene, or discriminatory; (m) advertise, solicit, or transmit advertisements via the Services without Lenstag’s approval; or (n) engage in any act that Lenstag deems to be in conflict with the spirit or intent of the Services or these Terms.
SECTION 3 – USER-SUBMITTED CONTENT
Lenstag’s Services include various venues where users submit Content and many features even depend on such Content. For example, as part of the registration process, you must submit information about your equipment, such as serial number, to verify ownership. Similarly, users notify Lenstag when a specific item is sold and those notifications allow the potential identification of stolen items. All Content is the sole responsibility of the person who originated that Content. Lenstag does not take responsibility for user-submitted Content, nor does it guarantee its accuracy. Rather, Lenstag provides users with access to information supplied by other users and third parties.
B. Content Submission.
By submitting Content, you represent that your Content and its submission: (a) does not violate any state, federal, or international law or contractual restriction; (b) does not violate, misappropriate, or infringe upon any third-party right, including (without limitation) copyright, trademark, privacy, personality, or other personal or proprietary right; (c) is not false, inaccurate, or misleading; and (d) does not contain viruses, adware, spyware, worms, or other malicious code. You also represent that you have all the rights, power, and authority necessary to grant the rights granted in this agreement regarding Content originating with you.
C. Right to Verification.
Lenstag may require users to verify and guarantee that certain Content submitted by them regarding equipment is accurate, up-to-date, and complete. For example, Lenstag may require documentation, such as serial number or receipts, to verify ownership. What information and Content must be submitted is at Lenstag’s sole discretion.
D. License Grant.
You retain your rights in Content that you submit to the Services. But you grant Lenstag and its designees a worldwide, non-exclusive, transferrable, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, modify, publish, transmit, and display any Content that you submit in any and all media or distribution methods (now known or later developed) solely for the following purposes: (a) to provide the Services; and (b) to improve the Services. Any feedback, comments, or suggestions you provide to Lenstag are entirely voluntary and Lenstag is free to use them as it sees fit and without any obligation to you.
SECTION 4 – ALL CONTENT
A. Reliance On Content.
Your use of, or reliance on, any Content is at your own risk. Lenstag may take reasonable steps to ensure that Content originating with it is accurate and up-to-date, but it does not endorse, support, or guarantee that such Content is complete, truthful, or reliable. Lenstag is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content.
B. Right Modify or Remove Content.
Lenstag has the right, but not the obligation, to review, edit, refuse to post, limit, delete, disable access to, or otherwise make unavailable any Content, including user-submitted Content, without notice and for any reason.
C. Photography Agreements.
As part of the Services, Lenstag offers users sample documents that may be useful to photographers. These documents are provided for general informational purposes only. They do not constitute legal advice. Lenstag is not a law firm and does not perform or offer legal services. The documents are not guaranteed to be correct, complete, or up-to-date. You should not rely on the documents or the information in them without seeking legal advice from an appropriately-licensed attorney. You may use these documents only for personal or business use, but in no event are you allowed to sell or distribute them. You may modify the documents for personal use, but you are responsible for any modifications and you are not allowed to remove or alter any copyright or trademark notices that they contain.
SECTION 5 – PREMIUM SERVICES
A. Payment Authorization.
To access certain premium features (such as registering more than 3 equipment items or receiving faster alerts), you must pay for a subscription. Subscription prices and related terms may change from time to time at Lenstag’s discretion, but the current pricing will always be found here
. Payments are processed through Stripe or PayPal, third-party payment processors. Whenever you signup for a subscription or otherwise authorize your selected payment method to be charged, you are expressly authorizing Stripe or PayPal to charge that payment method for the authorized amount. For subscriptions, you authorize Stripe or PayPal to charge your payment method on an ongoing basis until you cancel your subscription.
B. Payment Information.
SECTION 6 – USER LICENSE
Lenstag grants to you a personal, non-commercial, non-transferrable, revocable, and non-exclusive license to use the Services and the Content, software, patented or proprietary protocol, and other proprietary material that Lenstag provides to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Lenstag, in the manner permitted by these Terms. You agree not to use the Services or Content for any other purpose. Except as expressly provided by Lenstag, no Content or Services may be copied, modified, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed.
SECTION 7 – LENSTAG’S RIGHTS
All right, title, and interest in and to the Services and the Content (excluding Content provided by users and other intellectual property owned by third parties) are Lenstag’s exclusive property. The Services and the Content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Such Content is proprietary to Lenstag or used consistent with the owner’s permission or applicable law or regulation. Nothing in the Terms gives you a right to use Lenstag’s name, or any of Lenstag’s trademarks, logos, domain names, and other distinctive brand features. All rights not expressly granted by Lenstag herein are specifically reserved.
SECTION 8 – COPYRIGHT POLICY
Lenstag reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without liability to you. Lenstag will respond to notices of alleged copyright infringement that are legally compliant and properly provided to it. Lenstag’s designated copyright agent for notice of alleged copyright infringement is:
310 West 11th Street
SECTION 9 – PRIVACY
SECTION 10 – ENDING THESE TERMS
These Terms apply until you or Lenstag terminates this agreement. You may end your legal agreement with Lenstag by discontinuing your use of the Services and by deactivating your account, if applicable. You do not need to specifically inform Lenstag when you stop using its Services. Lenstag may cease providing you with all or part of the Services and terminate this agreement at any time for any reason. Lenstag may delete any information or files related to your account, including user-generated Content, when either this agreement or your account is terminated. This section doesn’t affect Lenstag’s rights to change, limit, or stop providing the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 3 (User-Submitted Content), 4 (All Content), 7 (Lenstag’s Rights), 9 (Privacy), 11 (Disclaimers and Limitations of Liability), and 12 (Miscellaneous).
SECTION 11 – DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Lenstag and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Lenstag Entities”). Each of the subsections below only applies up 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 Services are Available “As-Is.”
Your use of the Services and the Content is at your own risk. You agree that the Services and Content are 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 WITHOUT LIMITATION 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 quality, completeness, accuracy, availability, timeliness, security, or reliability of the Services and the Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Content; (iii) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the Lenstag Entities; and (iv) whether the Services 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 Services will create any warranty not expressly made herein.
B. Third-Party Links and Services.
The Services may contain links to third-party websites or resources or otherwise make third-party resources available. The Lenstag Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or third parties. Links to such websites or resources do not imply any endorsement by the Lenstag Entities of such websites or resources or the content, products, or services available from such websites or third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. 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 SERVICES; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT; OR (E) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.
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.
BY ACCESSING THE SERVICES, 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 a third party resulting from or arising out of: (i) your use or misuse of the Services or the Content; (ii) any breach by you of these Terms; (iii) any misrepresentation made by you in connection with this agreement; and (iv) your activities in connection with the Services or Content. The Lenstag Entities reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 12 – MISCELLANEOUS
A. Evolving Services.
Lenstag may stop (permanently or temporarily) providing the Services (or any Services feature) to you or to users generally and may not be able to provide you with notice. Further, Lenstag may modify the Services (or any Services feature) at its sole discretion. New features will also be subject to these Terms.
Lenstag’s failure to enforce any right or provision in these Terms is not a waiver of that right or provision. In the event that any provision of these 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 Terms will remain in full effect.
C. Changes To Terms.
Lenstag may revise these Terms from time to time. The most current version will always be located here. If the revision, in Lenstag’s discretion, is material, Lenstag will notify you via email to the email address associated with your account or by posting notice to the website. As partial consideration for your access to the Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
E. Controlling Law and Arbitration.
The Terms and any related actions are governed by Washington law, without regard to or application of its conflict of law provisions or those of your state or country of residence. AS THE EXCLUSIVE MEANS OF INITIATING ADVERSARIAL PROCEEDINGS TO RESOLVE ANY DISPUTE BETWEEN LENSTAG AND YOURSELF ARISING OUT OF THIS AGREEMENT, THE SERVICES, OR THE CONTENT, THE PARTIES MAY DEMAND THAT THE DISPUTE BE RESOLVED IN ARBITRATION ADMINISTERED IN VANCOUVER, WASHINGTON BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND EACH PARTY HEREBY CONSENTS TO ANY SUCH DISPUTE BEING SO RESOLVED. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY 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:
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 Services 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 this 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. By your use of the Services, you expressly consent to venue and personal jurisdiction of those courts.
F. Territorial Restrictions.
The Services are controlled and operated from the United States. The Services are not subject to the laws or jurisdiction of any state, country, or territory other than those of the United States. Lenstag does not represent that any of its Services are available or appropriate for use in any particular jurisdiction. The Services are not intended to be distributed or used by a third party in a jurisdiction or country where the distribution or use would be illegal. Lenstag reserves the right to limit the Services’ availability to any person, geographic area, or jurisdiction, at its sole discretion.
Software related to the Services may be subject to United States export controls. No software from the Services may be downloaded or exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
G. Entire Agreement.
H. Binding Document.
You may use the Services only if you can form a binding contract with Lenstag. You must be at least 13 years old to use the Services. If you are over 13 and under 18, you may use the Services only if your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.
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.
J. Contact Information.
These Services are operated and provided by:
310 West 11th Street
Effective: September 21st, 2015