Lens Dust - Terms of Use

Lens Dust Terms of Use

Welcome to LensDust.com! We hope you enjoy your visit to Lens Dust and find this Site and the services offered on it fun and easy to use. These Terms of Use ("Terms") govern your use of this website.

Before you begin setting up your account with Lens Dust, please read the following Terms carefully. If you agree to these Terms, and wish to use the Lens Dust Services, please click on the "I accept the Terms of Use" option at the bottom of the Sign Up page. By clicking on "I accept the Terms of Use", you represent that you are 13 years of age or older and have read these Terms and agree to accept and follow such Terms. If you want to decline acceptance, click on "I do not accept the Terms of Use". Note that any violation of these Terms may result in termination of our Service to you.

Lens Dust reserves the right to change these Terms from time to time. It is your responsibility to review these Terms frequently and to remain informed about any changes to them, so we encourage you to review these Terms often.

All references to "us" and "our" in this Agreement are intended to refer to Lens Dust. All references to "you," "your" and "user" in this agreement are intended to refer to the user who accepts this Agreement by clicking the "I Accept" on this page.

A. Your Use of This Site
You agree not to use this Site for any illegal purpose and to adhere to these Terms. When using this Site, you shall be subject to any guidelines, rules, or licenses found on the Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms.

B. Your Conduct
You are responsible for all of the images you upload, share or copy using the Services offered on Lens Dust. Lens Dust will not be liable for the content of any submission. You grant Lens Dust a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world, in any media, any reviews, images (except for any images or content you submit to your photo album), emails or other content that you submit to Lens Dust or otherwise make available on Lens Dust. You represent and warrant that you own or otherwise control all of the rights to the reviews, images or other content that you post or submit.

In addition, if we are notified of or have any reason to suspect that you are taking any of the actions below, Lens Dust may investigate the allegation and determine in its sole discretion whether to remove the objective content from this Site, notify the proper authorities and/or terminate your access to Lens Dust and the Services it offers. Lens Dust may disclose any of your content or electronic communication of any kind: (a) to satisfy any law, regulation, or government request; (b) if such disclosure is necessary or appropriate to operate Lens Dust; or (c) if such disclosure is necessary to protect the rights or property of Lens Dust, a third party or any Lens Dust user. As a condition of your use of this Site, you shall not:

Upload, post, submit, order for print, email or otherwise transmit any content that, in Lens Dust's opinion is unlawful, harmful, threatening, harassing, defamatory, obscene, pornographic, vulgar, invasive of another's privacy or right of publicity, infringing of a third party's intellectual property rights, hateful, racially, ethnically, or otherwise objectionable material encouraging conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or is otherwise objectionable;
Upload, post, submit, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Harm minors in any way, including, but not limited to, uploading, posting, submitting or otherwise transmitting content that violates federal, state, international or any other child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this Site;
Upload, post, submit, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
Interfere with or disrupt (or attempt to interfere with or disrupt) this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
Provide any information to Lens Dust that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose including, but not limited to, sending material to Lens Dust from an anonymous or false email address.
C. Right to Remove and Destroy Material
Lens Dust reserves the right to remove and destroy any photographs, literature, information or any other content from Lens Dust that it considers unlawful, harmful, threatening, harassing, defamatory, obscene, pornographic, vulgar, invasive of another's privacy or right of publicity, infringing of intellectual property rights, hateful, racially, ethnically, constitutes a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law. However, you agree that Lens Dust shall NOT be responsible for screening, policing, editing or monitoring any content or other material submitted, posted, viewed, transmitted, reproduced and/or distributed by any person on Lens Dust. ALL CONTENT PROVIDED BY A USER OF THIS SERVICE IS THE SOLE RESPONSIBILITY OF THAT USER, NOT Lens Dust.

D. Copyrights
It is the policy of Lens Dust to ensure the proper authorization for all content submitted and posted on this Site. We reserve the right to review all claims of infringement and to remove all infringing materials pursuant to the Digital Millennium Copyright Act of 1998 (see the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/).

Lens Dust is committed to protecting individuals' copyrights. Each image submitter is required by US law to own the right to or to obtain permission to use any image before the image is uploaded or printed at Lens Dust. If you believe that your work has been copied in a way that infringes your copyrights, please contact us and provide the following relevant details.

The rights that you claim have been infringed;
Identification of the material that you claim is infringing;
Your full legal name and Lens Dust user name;
Your street or mailing address, telephone number, and, if available, email address;
Statement that you believe in good faith that the disputed use of the material is not authorized by the copyright owner, its subject, its agent, or the law (e.g. fair use);
Statement that your notice is accurate and, under penalty of perjury, that you are the copyright owner or subject, or are authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright;
Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
All claims of copyright infringement should be delivered to the following:

Lens Dust
8601 NW 15 Ct.
Pembroke Pines, Fl. 33024

Lens Dust may request confirmation of the copyright ownership from the submitter. Lens Dust reserves the right to suspend a submitter's account until such confirmation is received. You acknowledge that any submission may be removed, published, copied, modified, transmitted or displayed by Lens Dust for the purposes of delivering the offered Services. In addition, you warrant that all moral rights in any uploaded materials have been waived.

E. Sharing Your Images
By choosing to share your images in the Public Gallery you permit other Lens Dust users to use such images and grant Lens Dust a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world those images for any purpose, including, but not limited to, marketing and advertising. While you will retain ownership of the copyright or license in the content posted in the Public Gallery, you agree that all content provided by you for such purposes shall become part of a database in Lens Dust, and that Lens Dust will own the database and copyrights in any derivative works based on the content. In addition, you warrant that all so-called moral rights in those materials have been waived. Neither Lens Dust nor any third party in the Public Gallery will be obligated to pay you any royalties or other compensation for use of such content.

Please note, that when you share your photo album with guests, you grant those guests the right to share, reprint, use and make photographic prints from the images contained in that album. To fulfill any orders you or the guests to your photo album may place, you grant Lens Dust a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world your images for you and your guests.

This Site may contain links to certain third party websites with whom you can share the images from your Lens Dust account. Any images or other information collected by such third parties is not governed by these Terms but by the Terms of Use, if any, of such third party. If you have questions about a third party's practices, please read its Terms of Use and Privacy Policy. Lens Dust assumes no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and is not responsible for any use of your images by such third parties.

F. Ownership and Rights to Use Content
You represent and warrant that you are the sole owner of all rights in the content posted by you (including all related copyrights) or that you have the absolute right and license to said content. Lens Dust has no liability or responsibility for any disputes that may arise between individuals regarding the ownership or authorization for any content posted in a user's photo album, on the Public Gallery or anywhere else on the Site.

G. No Activity
Subject to the foregoing, if you have signed up for a free trial, Lens Dust will send you an e-mail reminder and a warning of deletion of any online content or materials you may have posted. Lens Dust will send you a notice once your account has been terminated and all content and materials on your account have been deleted.

H. Storage
When you sign up to become a member of Lens Dust, you will receive 20MBs of storage and will be allowed to have a limit of thirty (30) guest sessions per day. If your account exceeds 20MB, you will not be able to upload any images until your account either meets storage space limitations or you upgrade your account by purchasing additional storage space. Upon upgrading your account, you will not only receive additional storage but will be allowed to have up to sixty (60) guest sessions per day. Additional storage can be purchased by entering your account, clicking on the "My Account" tab and then clicking on the link titled "Buy More Storage Space" where you will be able to purchase additional storage for the relevant fee.

Storage can be purchased in quantities of 50MB, 100MB or 200MB for a period of twelve (12) months from the date of purchase. Thirty (30) days prior to the expiration of such twelve (12) month period, Lens Dust will provide you with notification that your account will expire in the next thirty (30) days if you do not choose to continue paying for additional storage. If you fail to pay for additional storage before the expiration of the twelve (12) month period, your account will be suspended which means that: (i) you will only be able to log into your account three (3) times a day, (ii) your guests will be unable to use their guest password to access your account; and (iii) you will not be able to upload any images to your account. You will receive a second reminder from Lens Dust if no payment is received within sixty (60) days after your account has been suspended. Finally, thirty (30) days after the second reminder has been issued to you, if you still have not paid for additional storage, Lens Dust will delete all materials and content on your account that exceed the 20MB of storage. At that point your account will revert to the original signup limitations.

I. Usage by Children
This Site is not intended for or directed to persons under the age of 13. Lens Dust does not sell software products for purchase by children. We require that use of this Site and all purchases made through it be by individuals who are 13 years of age or older. EACH TIME YOU PURCHASE A PRODUCT, REGISTER WITH THIS SITE OR OTHERWISE PROVIDE INFORMATION TO Lens Dust, YOU ARE REPRESENTING TO Lens Dust THAT YOU ARE 13 YEARS OF AGE OR OLDER.

J. Passwords
You agree not to use another user's password or share your password with others. You will receive the right to provide your friends and family with guest passwords that they can use to view your photo album. You are responsible for maintaining the confidentiality of your password and account, as well as any guest passwords you provide to others and are fully responsible for all activities that occur under such passwords or your account. You agree to (a) immediately notify Lens Dust of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lens Dust cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

K. Contests
Lens Dust may conduct contests on this Site from time to time. Such contests shall be governed by specific official rules that will be posted by Lens Dust on this Site. Any personal information you submit to Lens Dust for the contest shall be subject to the terms of the Lens Dust Privacy Policy. Lens Dust shall have a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world any images you submit to Lens Dust for contests on this Site.

L. Intellectual Property
The content, information, software, images, files, logos, greeting cards, service names, graphics, text, documents and services ("Materials") offered on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials on this Site may violate such laws and these Terms. Except as expressly provided herein, Lens Dust and its suppliers do not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on this Site or its Materials or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with this Site. 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 our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lens Dust or any third party with a presence on the Site without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

M. DISCLAIMERS
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY Lens Dust ARE PROVIDED "AS IS" AND Lens Dust EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Lens Dust MAKES NO WARRANTY THAT (i) THIS SITE, THE SERVICES OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THIS SITE, THE SERVICES OR THE PRODUCTS WILL BE EFFECTIVE, ACCURATE, RELIABLE OR SECURE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; (iv) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THIS SITE, OR ANY DEFECTS IN THIS SITE, ITS SERVICES, PRODUCTS OR MATERIALS WILL BE CORRECTED; (v) ANY SOFTWARE DOWNLOADED FROM THIS SITE WILL BE FREE OF COMPUTER VIRUSES AND WILL NOT CAUSE DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM; AND (vi) THIS SITE DOES NOT INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF FILM OR ANY DIGITAL IMAGE TO Lens Dust, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH LENS DUST SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR FILM OR IMAGE AS A RESULT OF Lens Dust‘S SERVICE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT
(i) Lens Dust DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THIS SITE;
(ii) Lens Dust MAKES NO RESPRESNTATIONS OR WARRANTIES WHATSOVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; AND
(iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

N. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, Lens Dust SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Lens Dust HAS BEEN ADVISED OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

O. Your Use of Software
The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Lens Dust or a third party. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Any third-party software available to you on this Site shall be governed by the software licenses of the respective third party company and such agreement will be between you and the respective company. Please refer to the applicable license to determine the terms on which the software is provided, the license granted to you, the warranties provided for such software and all other relevant terms. Please review the Lens Dust refund and return policy for information about how to return or receive a refund for Lens Dust software you have purchased on this Site. You will not be able to download, install or use any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on this Site. Lens Dust does not guarantee that any third-party software you download from this Site will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. Lens Dust does not offer any warranty on any third-party software you download from this Site.

P. Privacy
Please review our Privacy Policy to understand our practices with regards to any images, data or other information you submit to the Site. You hereby agree that the Privacy Policy governs your visit to this Site and is incorporated in these Terms.

Q. Indemnification
You agree to indemnify, hold harmless and defend Lens Dust, its officers, directors, employees, agents, successors, subsidiaries, sublicensees and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of these Terms by you or anyone acting under your direction, authority or control, including without limitation the publication, distribution, exhibit or other use of the content posted by you or by anyone using your password.

R. Changes To This Site
Lens Dust may make changes to the Services, content or products and prices on this Site, at any time without notice. The products, content or Services on this Site may be out of date, and Lens Dust makes no commitment to update the products, content or Services on this Site.

S. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on this Site may refer to products, programs or services that are not available in your country. Contact Lens Dust directly for information regarding the products, programs and services that may be available to you.

This Site is controlled, operated, and administered by Lens Dust from its offices within the United States of America. Lens Dust makes no representation that this Site, or the Services, products or content available through it, are appropriate or available for use at other locations outside the United States, and access to this Site from territories where the Site or any of its Services, products or content are illegal is prohibited. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws where you reside. See the section on export control laws, below, for further information.

T. Export Controls
You agree not to download any content, services or software from Lens Dust or otherwise export or re-export into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country which the United States has embargoed goods or to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using any content, services or software from Lens Dust, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

U. Government Restricted Rights
This Site contains confidential computer software and technical data. A valid license from Lens Dust is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under Lens Dust standard commercial license terms.

V. Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Broward County, Florida, except that, to the extent you have in any manner violated or threatened to violate Lens Dust’s intellectual property rights, Lens Dust may seek injunctive or other appropriate relief in any state or federal court, 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.

W. Site Policies, Modification and Severability
Please review our other policies, such as our Privacy Policy, posted on the Site. These policies also govern your visit to Lens Dust. We reserve the right to make changes to this Site, policies, and these Terms of Use at any time. If any condition in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You agree that this Agreement and all incorporated agreements may be automatically assigned by Lens Dust, in its sole discretion, to a third party in the event of a merger, acquisition or bankruptcy.

X. General Terms
All legal issues arising from or related to the use of this Site shall be construed in accordance with the laws of the State of Florida without regard to conflicts of law principles. These Terms constitute the entire agreement between you and Lens Dust with respect to the use of this Site. Lens Dust's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

Y. Disclosures
The services hereunder are offered by Lens Dust located at 8601 NW 15 Ct, Pembroke Pines, Fl. 33024. You may review the return and refund policy for any products on this site by going to our Returns and Refunds page.

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