Friday, November 24, 2017

Terms of Use

Last updated on October 19, 2016 BY USING OR VISITING THIS WEBSITE, AmericanLens.com and all mobile websites and applications associated therewith (collectively, the “Site“) and content available through the www.AmericanLens.com domain name and any other affiliated domain name, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use”). The Site is a news and information service made available to you by AMERICAN LENS, INC. (“AMERICAN LENS”, “we” or “us”). All of the content, software and services available through the Site, including but not limited to any subscription services, whether offered by AMERICAN LENS or a third party link provided by the Site are referred to herein as the “Services.” Please read the Terms of Use carefully before using the Services. If you do not understand and accept the provisions set forth in the Terms of Use, do not use the Services or access the Site.

1. Acceptance of our Terms

YOU 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 Services

You 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 Rights

You 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 Content

When 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 Agreement

The 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 Warranties

You 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 Liability

You 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.

7.b. ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION

You must be at least 13 years of age to use the Services. Verification of your age may be requested or required in connection with your use of all or a portion of the Services. Should AMERICAN LENS suspect that your personal data provided is not accurate or complete, AMERICAN LENS may suspend or terminate your access to the Services. By using the Services, you indicate that you have reviewed and understand the information outlined in AMERICAN LENS’s Privacy Policy (“Privacy Policy”). Each email communication we send you will contain instructions permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with the email communication, where you will be provided with an opportunity to opt-out from all or a portion of communications to which you subscribe.

8. External Content

AmericanLens.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that AmericanLens.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. With the exception of web browser access, you agree not to use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Site or the Services to automate the process of obtaining, harvesting, uploading, transferring or transmitting any content to or from AMERICAN LENS’s computer systems, the Site or the Services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services. Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms of Use. AMERICAN LENS reserves the right, at its sole discretion, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that AMERICAN LENS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. USER CONTENT AND SUBMISSIONS

The 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
If the Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. You grant to AMERICAN LENS a royalty-free, non-exclusive, world-wide, irrevocable, transferable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, right and license to fix, copy, reproduce, display, modify, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit (collectively, “Exploit”) your User Content, in any and all manner, mediums or methods, now known or later devised. You hereby waive and relinquish all rights known as “moral rights’ or “droit moral” now or hereafter recognized. You represent and warrant that you own the User Content submitted, posted or distributed by you on or through the Services or Site or otherwise have the right to grant the license set forth in this Terms of Use from any person identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate, and that the submission, posting or distribution of your User Content on or through the Services or Site does not violate the rights of privacy, publicity, copyrights contract or any other legal rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content submitted, posted or distributed by you to or through the Services or the Site. The Services may have features that allow you to send or exchange messages with third parties. AMERICAN LENS makes no warranties, express or implied, takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other user sends, receives, distributes or posts through any email or instant message system. You agree to defend, indemnify and hold harmless AMERICAN LENS, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the Services or the Site, including sending an email through the Services. If you are under the age of 13, you may not submit any User Content to us. If you are under the age of 18 but at least 13 years of age, you may submit User Content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

10. AMERICAN LENS CONTENT

The Services contain content, information, materials, computer code and software, of AMERICAN LENS (“AMERICAN LENS Content”) which is protected by copyright, trademark, patent, trade secret and other laws and AMERICAN LENS either owns and retains or licenses all Intellectual Property Rights (as defined below) in the AMERICAN LENS Content, Site and Services. AMERICAN LENS hereby grants you a limited, revocable, non-sublicensable non-exclusive license to display the AMERICAN LENS Content (excluding any software code) solely for your personal use in connection with using the Services in accordance with the Terms of Use. Copying or downloading these materials for anything other than your personal use is a violation of these Terms of Use. “Intellectual Property Rights” means any and all (by way of whatever name or term known or designated) tangible and intangible and now known and hereafter existing (a) rights associated with works of authorship throughout the universe, including, but not limited to, copyright and moral rights; (b) trademark, service mark, trade dress and trade name rights and similar rights; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) all other intellectual and industrial property and proprietary rights (of every kind and nature throughout the universe and however designated) (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise; and (f) all registrations, applications, renewals, revivals, resuscitations, extensions, continuations, divisions or reissues thereof now and hereafter in force throughout the universe (including, without limitation, rights in any of the foregoing). You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by AMERICAN LENS or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the AMERICAN LENS Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of AMERICAN LENS and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from the Services. The Services contain the content of other users and other AMERICAN LENS licensors. Except for User Content posted by you, and as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any AMERICAN LENS Content or other content appearing on or through the Site or Services.

11. EDITING AND BLOCKING CONTENT

You agree that AMERICAN LENS, in its sole discretion, shall have the right, but not the obligation, to monitor your use of the Services to edit, refuse to post or remove any material submitted, posted or distributed on or through the Services or Site in violation of the Terms of Use. You agree that AMERICAN LENS may use the information gathered during such monitoring for any purpose deemed appropriate by AMERICAN LENS, to the extent permitted by law. You acknowledge that the Services may not be monitored and you do not rely on AMERICAN LENS to monitor or edit the Services and the Services may contain content which you find offensive, indecent, or objectionable, and which may or may not be identified as containing explicit language. You hereby waive any objections you might have with respect to viewing such content. AMERICAN LENS shall have no liability for such content to you, to any person on behalf of whom you have consented to these Terms of Use, or to any person whom you allow to access the Service, and you access the Services at your sole risk. AMERICAN LENS assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time AMERICAN LENS chooses, in its sole discretion, to monitor the Site, AMERICAN LENS nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any User Content.

12. COPYRIGHT INFRINGEMENT CLAIMS

If 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.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AMERICAN LENS actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to AMERICAN LENS a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Notice of claims of copyright infringement can be made as follows: Designated Agent: Copyright C/O Webmaster Address of Agent:6221 Bayswater Trail, Raleigh, North Carolina, 27612 Email for notice: copyright (at) AmericanLens.com If a counter-notice is received, you agree that AMERICAN LENS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AMERICAN LENS’s sole discretion. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

13. VIOLATION OF TERMS OF USE

You agree that AMERICAN LENS, in its sole discretion, may suspend or terminate your access to the Services and remove and discard any User Content within the Service or Site for any reason, including, without limitation, if AMERICAN LENS believes that you have violated or acted inconsistently with your obligations under the Terms of Use or any other reason whatsoever. AMERICAN LENS may also, in its sole discretion, discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice and acknowledge and agree that AMERICAN LENS may immediately delete your User Content. AMERICAN LENS reserves the right to bar any further access to such files or the Services. You agree that AMERICAN LENS shall not be liable to you or any third party for any termination of your access to the Services or Site or deletion of your User Content.

14. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by AmericanLens.com to resolve any legal matter arising from this agreement or related to your use of AmericanLens.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

15. Entire Agreement

You understand and agree that the above Terms constitute the entire general agreement between you and AmericanLens.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

16. Changes to the Terms

AmericanLens.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of AmericanLens.com after any changes to Terms will signify your agreement to be bound by them.