1. Acceptance of our TermsYOU MUST READ AND AGREE TO THESE TERMS AND CONDITIONS BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SITE AND/OR SERVICES, YOU AGREE THAT: By visiting the website AmericanLens.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to AmericanLens.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of AmericanLens.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and AmericanLens.com and that your use of AmericanLens.com shall indicate your conclusive acceptance of this agreement.
2. Provision of ServicesYou agree and acknowledge that AmericanLens.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that AmericanLens.com is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary RightsYou acknowledge and agree that AmericanLens.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted ContentWhen you submit content to AmericanLens.com you simultaneously grant AmericanLens.com an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to AmericanLens.com.
5. Termination of AgreementThe Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
6. Disclaimer of WarrantiesYou understand and agree that your use of AmericanLens.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. AmericanLens.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the AmericanLens.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7.a. Limitation of LiabilityYou understand and agree that AmericanLens.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not AmericanLens.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of AmericanLens.com is limited to the greatest extent permitted by law.
9. USER CONTENT AND SUBMISSIONSThe Services may permit you to submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the Services (collectively, the “User Content”). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Site and any material or information that you transmit to others and for your interactions with others. AMERICAN LENS does not control or endorse the User Content, messages or information submitted, posted or distributed by users, and, therefore, AMERICAN LENS specifically disclaims any responsibility with regard thereto. You agree not to provide User Content that:
- infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
- is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit;
- violates a person’s right to privacy or publicity;
- contains advertising or a solicitation of any kind;
- degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- contains epithets or other language or material intended to intimidate or to incite violence; or
- violates any applicable local, state, national, or international law, or advocates illegal activity
12. COPYRIGHT INFRINGEMENT CLAIMSIf you believe in good faith that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing AMERICAN LENS with the following information in writing:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your name, address, telephone number, and email address and all other information reasonably sufficient to permit AMERICAN LENS to contact you;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.