(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 operated by DigitFreak Media Inc. ("DigitFreak").
(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.
(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
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.
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.
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 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.
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.
lensdump will not engage in commercial use with third party organizations without prior approval. Commercial use includes using lensdump in your organization or project that generates a revenue from any merchandise or services 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, and will be subject to additional Terms.
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.
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.
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: 09th March 2020
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