Terms of Service

# Introduction.

(A) Governing Terms. This website, including the features and services available from the site such as images, files and digital content (collectively “lensdump”) is an interactive on-line service.

These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms of Service”) and the lensdump Privacy Policy, set forth the terms and conditions that apply to your use of "lensdump". By using "lensdump", you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use "lensdump".

(B) Changes to Terms of Service. "lensdump" may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of "lensdump" after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to Site. "lensdump" may change or discontinue any aspect, service or feature of "lensdump" at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from "lensdump" and/or to participate in certain features on the Site such as certain Interactive Areas. "lensdump" will use the information you provide in accordance with the "lensdump" Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that "lensdump" may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of "lensdump" and all charges related to the same.

# Scope and Modifications

Thank you for choosing lensdump. These Terms of Service ("Terms") cover your use and access to our services, extensions, and websites ("Services"). Our Privacy Policy explains how and what information we collect, while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you're agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you're using our Services for an organization, you are agreeing to these Terms on behalf of that organization. If you don't like these Terms, or don't wish you be bound, you cannot use our Services.

We may revise these Terms at any time, for any reason, by providing at least 30 days prior notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed Terms.

# Forever Free for Personal use

Lensdump is forever free for personal use only. If you're using it for a (for-profit or non-profit) project/team/website/company/organization, you'll have to make sure that you're subscribed to the right donation tier. Using free account for commercial purposes or to link image assets to your (for-profit or non-profit) website/blog as CDN is strictly prohibited. Hotlinking images of a free account is only allowed for public discussions on a forum/message-board/community.

# Your Content & Permissions

When using our Services, you provide us with things like files, content, videos, etc ("Your Content"). Your Content is yours. These Terms give us limited rights that enable us to offer our Services.

We need your permission to do things like hosting Your Content, backing it up, and sharing it. Our Services also provide you with features like photo thumbnails, album creation, and searching. These and other features may require our systems to access, store, and scan Your Content. By agreeing to these Terms, you agree to give us permission to do those things, and this permission extends to trusted third parties we work with. We reserve the right to disclose data and other information as required by law or any competent authority. This is detailed in our Privacy Policy and DMCA/IP Policy, both of which are subject to these Terms.

Our Services may automatically (without us viewing the file content) delete a file you upload where it determines that the file is an exact duplicate of a file already on our service (a process usually referred to as deduplication). In that case, the original file will be accessed by you and any other user and that file will be retained as long as any user has a right to access it under these Terms. Any right of deletion that you exercise will not apply to a deduplicated file that is associated with another user. Our Services may also automatically delete a file you upload where it determines that file may contain malicious content (malware, virus, spyware, etc).

You own, or undertake that you are authorised to use, any intellectual property in any data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our Services. You grant us a worldwide, royalty-free licence to use, store, back-up, copy, transmit, distribute, communicate, modify and otherwise make available, your data, solely for the purposes of enabling you and those you give access to, to use our Services and for any other purpose related to provision of our Services to you and them.

You must maintain copies of Your Content stored by you on our Services. We do not make any guarantees that there will be no loss of data or the Services will be bug free. You should download all data prior to termination of Services. Your Responsibilities

You are responsible for your conduct on our Services. Your Content and you must comply with our Acceptable Use Policy. Content may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. However, we have no obligation to do so. We are not responsible for the content people post and share via our Services.

You may use our Services only as permitted by applicable law, including export control laws and regulations. If you reside in the United States, you must be 13 years of age or older to use our services. If you reside in the European Union, you must be at least 16 or older. Please check your local law for the age of digital consent. If you don't meet these age requirements, you may not use our Services.

# What you're not allowed to do

You may not, and will ensure that all users of your account will not:

  • do anything that would damage, disrupt or place an unreasonable burden on our website or Services or anyone else's use of our website;
  • infringe on others' intellectual property rights;
  • resell or otherwise supply our Services to anyone else;
  • register multiple accounts;
  • use our website and Services:
    • to store, use, download, upload, share, access, transmit, or otherwise make available, data in violation of any law in any country (including to breach copyright or other intellectual property rights held by us or anyone else);
    • to hotlink image assets, includig web objects like logos, avatars, icons, banners etc. for your (for-profit or non-profit) website/blog where Lensdump free account is used as a CDN;
    • to send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters);
    • to abuse, defame, threaten, stalk or harass anyone, or to harm them. It is illegal to use an electronic communication device to make repeated contact with another person with the intent to harass or annoy, or to make a single intentionally harassing contact if it includes any obscene or threatening language. Additionally, it is illegal to make credible threats by means of any electronic communication device, including but not limited to telephones, cell phones, smart phones, tablets and computers. It is also a crime to use an electronic communication device to distribute personal information of another person without their consent, and with the intent to harass them or cause them fear.
    • to upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network, device or computer system;
    • or, to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access.

# We are not a CDN

Hotlinking is allowed for personal use only. You can send direct link of your image(s) to share it with someone, or hotlink on a public community discussion platforms as long as it is not for commercial purpose. Don't use lensdump to host image libraries you link to from elsewhere, content for your website, advertising, avatars, or anything else that turns us into your content delivery network. Linking image assets on your for-profit/non-profit and private/personal website/blog as direct link to image(s) i.e. to use lensdump as a CDN (Content Delivery Network) is strictly prohibited. Lensdump's intended use is not as a CDN (content delivery network), but rather as a platform to upload, share and browse personal images. If you're not linking image on a discussion forum/message-board/community, you'll have to use "Image link" which is also known as "Image viewer link" to share such images.

Hotlinking (direct linking) of images as website assets is only allowed with written, express permission from lensdump Executives, or by subscribing to one of the appropriate donation tiers that allows "Hotlink image assets as CDN" and will be subject to additional Terms.

If our system detects your account in violation of these terms - and we will be the judge - you will be banned permanently.

# Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services with notice to you if you are in breach of these Terms, or your use of our Services are in a manner that would cause a real risk of harm or loss to us or others. We may also terminate or suspend our Services or any part of our Services, for any users, without notice, at any time, for any reason or no reason.

We will provide you with reasonable advance notice via the email address associated with your account (if possible) to attempt to resolve the situation that prompted termination. We will give you reasonable opportunity to export Your Content from our Services. If after such notice, we are unable to resolve the situation, or you fail to take the steps we ask of you, we will terminate or suspend your access to our Services.

We reserve the right not to provide notice before termination where: you are in flagrant breach of these Terms, doing so would cause us legal liability, or because we are prohibited from doing so by law.

# Discontinuation of Service

We may, at any point in time, decide to discontinue our Services in response to circumstances unforeseen beyond our control, or to comply with a legal requirement. In the event we are required to do so, and if we are legally and physically capable, we will give you reasonable prior notice, so you may retrieve Your Content from our Services.

# Commercial Use

Keep in mind that lensdump is forever free for personal usage only. lensdump will not engage in commercial use with third party organizations without prior approval. Commercial use includes using lensdump in order to store, link or share images for a (for-profit or non-profit) project/team/business/website/company/organization that generates a revenue from any merchandise, product or service sales. Any commercial use of lensdump without prior approval is in violation of these Terms, and will be subject to Termination. Commercial Use of lensdump is only allowed with written, express permission from lensdump Executives, or by subscribing to one of the appropriate donation tiers that allows commercial uaage and will be subject to additional Terms.

# Force Majeure

We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.

# "As-is" Service

We try to make lensdump and our Services the best. That said, there are certain things we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, lensdump AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES. OUR SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so this may not apply to you. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AND AGENTS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE OR OUR API, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE OR OUR API, OR OUR SERVICES, AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR PRODUCT LIABILITY, OR OTHERWISE.

YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS OR ANY POLICY REFERENCED IN THESE TERMS.

IF YOU ARE NOT SATISFIED WITH OUR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US. THIS SECTION DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT SUBSCRIPTION AMOUNT YOU HAVE PAID TO US, IF YOU HAVE PAID SUBSCRIPTION.

# Entire Agreement

These Terms constitute the entire agreement between you and lensdump with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or Terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. No agreement, arrangement or understanding alleged to be made between us, or representation alleged to be made, by us or on our behalf, to you, if inconsistent with these Terms, shall be valid unless agreed to in writing by the CEO of lensdump. Severability

lensdump's failure to enforce a provision is not a waiver of it's right to do so at a later time. If a provision in these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. lensdump may assign its rights to any successor in interest of any business associated with our Services.

Last Update on: 30h April 2021

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Email: [email protected]