LenzUs Inc., the owner and operator of LenzUs.com, and its affiliates and suppliers (collectively referred to as "LenzUs") provide their image hosting and related services (the "Services") to you subject to the following conditions. If you visit or purchase at LenzUs.com, you accept these terms and conditions.
LenzUs provides its online photo sharing services on a monthly or yearly subscription basis. By subscribing to LenzUs, you agree to pay all charges to your account in accordance with the selected level of service, and the billing terms in effect when payment is due.
LenzUs reserves the right to modify or add additional fees and billing terms, upon prior notice to the subscribing members of our website. LenzUs may change the Services it offers at any time.
Unless you terminate your account prior to the end of your subscription period, your subscription will renew automatically, and the credit card designated on your account will be billed the applicable subscription fee for an additional period. Subscribers must keep their registered email addresses and other account information current, as LenzUs may send important notices to that email account. If you decide to upgrade to a higher level of service, the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.
In connection with recurring billing for renewals or billing for upgrades, we may receive updated information about your account from the financial institution issuing your credit card. If we are unable to process your credit card payment, your account will be closed at the end of its current term if we cannot contact you for updated billing instructions.
LenzUs agrees to terminate your account at any time upon request by notifying us of your wish to cancel your subscription at firstname.lastname@example.org, or if you select the cancellation checkbox on your Edit Site Options page.
LenzUs may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at LenzUs' sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, LenzUs, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that LenzUs deems appropriate to enforce its rights and pursue all available remedies.
Upon termination of your account for these reasons, you will not receive a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to LenzUs on your account, you will be liable for all attorneys' and collection agency fees.
If you are a resident of the European Union, you understand and agree that LenzUs stores and processes your information on computers located in the United States, and by providing any data to LenzUs, you consent to the transfer of such information to the United States.
You acknowledge and agree that LenzUs may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of LenzUs, its employees, users and third parties, and the public.
When you visit LenzUs.com, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software which is part of the LenzUs website, is the property of LenzUs. However, content posted by users is assumed to be the property of the user who posted it, or the author that the poster credited as being the owner of the posting. Copyrighted material is protected by United States and international copyright laws.
LenzUs' selection, coordination and arrangement of all content on this site is the exclusive property of LenzUs, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services is the property of LenzUs Inc., the parent company of LenzUs.com, and is protected by United States and international copyright laws.
LenzUs respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a LenzUs agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at email@example.com or Copyright Agent, Lenzus Inc., 15466 Los Gatos Blvd, Box 109-60, Los Gatos, CA 95032.
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the image, movie or audio on the LenzUs website that you claim is infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
LenzUs' Agent will forward this information to the alleged infringer.
License and Site Access
LenzUs grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of LenzUs Inc. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of LenzUs Inc. Any unauthorized use terminates the permission or license granted by LenzUs.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to LenzUs pages so long as the links do not portray LenzUs or its suppliers or their products or services in a false or misleading manner.
If you subscribe to LenzUs' photo sharing service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify LenzUs of any unauthorized use of your account or any other breach of security known to you.
LenzUs uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the LenzUs website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.
Use of the Services by you is subject to all applicable local, state, national and international laws and regulations. You may post photos or other electronic images, movies, audio clips, reviews, comments, suggestions, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, chain letters, mass mailings, or any form of "spam." LenzUs reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
License Granted by Users
LenzUs does not claim ownership in the photographs or other electronic images, movies, audio clips or other media created or uploaded by Subscribers ("Media"). LenzUs will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the LenzUs website, you grant LenzUs a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.
LenzUs is a family-safe website. Consequently we must prohibit the uploading and display of photographs, artwork, videos or movies portraying explicit nudity that would be unacceptable for public display in any other forum or venue commonly accessible by the general public, such as public museums or galleries where minors are allowed entry.
If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for LenzUs. Judgement of suitable Media is the sole discretion of LenzUs, and LenzUs reserves the right to delete any photographs or movies it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or movies violating this policy.
Disclaimer of Warranties and Limitations of Liability
THIS SITE IS PROVIDED BY LenzUs ON AN "AS IS" AND "AS AVAILABLE" BASIS. LenzUs MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LenzUs DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, LenzUs DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM LenzUs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL LenzUs BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE LenzUs WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LenzUs WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE LenzUs WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LenzUs WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS OR MOVIES IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. LenzUs CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Merger or Acquisition
It is possible that as we continue to develop our website and our business, LenzUs' Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that LenzUs may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Any dispute relating in any way to your visit to LenzUs.com or to products you purchase through LenzUs.com shall be submitted to confidential arbitration in San Jose, California, except that, to the extent you have in any manner violated or threatened to violate LenzUs' intellectual property rights, LenzUs may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
Policies, Modification and Severability
These Terms constitute the entire agreement between you and LenzUs and govern your use of the Service, superceding any prior agreements between you and LenzUs. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
Please report any violations of these Terms to LenzUs by contacting firstname.lastname@example.org.