Welcome to LensCulture, a web service dedicated to the presentation and discovery of contemporary photography and related art forms and services worldwide. LensCulture's site (lensculture.com) is operated and provided by LensCulture, Inc. ("We," "Us," or "LensCulture"). Our goals are to help great photographers reach a wide, influential global audience of photography lovers, and to inspire and educate everyone who views the work on display.
BY COMPLETING THE REGISTRATION PROCESS, OR USING LensCulture, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. GENERAL TERMS AND CONDITIONS
LensCulture, Inc may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on lensculture.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
3. DESCRIPTION OF SERVICE
LensCulture provides Users with a variety of online services, including but not limited to:
- LensCulture-GENERATED CONTENT, including essays, articles, blog entries, and Curator's Picks features.
- USER-GENERATED CONTENT. Uploaded photography, text and multimedia content developed and owned by creative professionals.
- JOB OFFERINGS. A directory of jobs in the creative professional community.
- ONLINE SEMINARS & EVENTS.
- PUBLIC EVENTS.
- LINKS TO GRANTS, FELLOWSHIPS, RESIDENCIES, SCHOLARSHIPS, AWARDS AND COMPETITION LISTINGS.
You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the LensCulture, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not post anything to which you do not have the rights. LensCulture does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will LensCulture be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. For users of the LensCulture "Job Offers" portion of the site, LensCulture does not permit any postings that point to spec work, contests or other opportunities that solicit customized, unpaid creative work from creative professionals. Any such postings may be removed and no refunds will be made to the poster of such notifications in the Job Offers service.
5. USER'S GRANT OF LIMITED LICENSE
LensCulture, Inc does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you chose to host your work on the service. For example, one purpose for this limited license is to enable LensCulture to stream and present your work across the LensCulture Network (including syndicated editorial content about you and your work), and partner sites that present your work professionally - linking back to your portfolio. We require a limited license for your content in order to present it in the many places and various forms across the LensCulture Network sites. The limited license below is required to allow LensCulture to host, display, organize, and propagate a member's portfolio of projects. By communicating with LensCulture Inc., including submitting or sending Content, correspondence or other information or material to LensCulture ("Your Content"), you grant LensCulture Inc. a limited license, for the period of time your Content is published in LensCulture’s systems, to display the work royalty-free, unrestricted, and world-wide, across LensCulture’s sites, in search results, and in LensCulture-powered Projects, Categories and Features. In some instances, media must be reformatted for display and incorporation into LensCulture’s galleries. As such, during this limited license, you allow LensCulture Inc. to reproduce, modify, publish, translate, distribute, perform and display your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating Content, in whole or in part, into a LensCulture feature or in promotional or marketing materials (attributed properly to the artist).
LensCulture will NEVER assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of LensCulture Network's platform. Work submitted to LensCulture remains owned by the artist, under the artist's selected copyright settings, and artists decide whether or not to sell their work to third parties - LensCulture does NOT act as an intermediary in selling creative work. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content. You acknowledge and agree that the display or inclusion of your Content shall be in the sole discretion of LensCulture and your Content may or may not be included on the LensCulture website for any reason or no reason at all.
BY UPLOADING CONTENT TO LensCulture'S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, LensCulture Inc., IT'S OWNERS, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
6. USER CONDUCT
You acknowledge and agree:
a. to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and⁄or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, LensCulture Inc. reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services. Further, LensCulture Inc. reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services for any reason whatsoever.
b. without limitation of the foregoing, not to use the Site or Services to submit any Content regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
c. that LensCulture Inc. is not responsible for material submitted to LensCulture or posted to the Site by Users. LensCulture Inc. does not pre-screen, monitor, review or edit the Content posted by Users. However, LensCulture Inc. and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in LensCulture Inc.’s judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. LensCulture Inc. is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to LensCulture Inc. You agree to immediately notify LensCulture Inc. of any unauthorized use of the Service or any other breach of security that you know or suspect.
a. A valid credit card is required for paying subscriptions. This is not required to create or use a free account.
b. The Service is billed in advance on a monthly or yearly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
c. If your subscription charge is denied, we will attempt to re-charge your PayPal account or Credit Card at least two times before suspending your account.
d. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
8. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your subscription. You can cancel your subscription in LensCulture under your account section.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full charges for the period which you discontinued service. You will not be charged again.
LensCulture reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We reserve the right to delete all Content associated with your account.
9. MODIFICATIONS TO SERVICE
LensCulture Inc. reserves the right 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. You agree that LensCulture Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Upon a request by LensCulture Inc., you agree to defend, indemnify and hold LensCulture Inc., its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorized by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). LensCulture Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LensCulture Inc. in asserting any available defense.
11. LINKED SITES
You may be able to link to third parties' Sites ("Linked Sites") from the LensCulture Inc. Site. Linked Sites are not, however, reviewed, controlled, or examined by LensCulture Inc. in any way and LensCulture Inc. is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply LensCulture Inc.’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall LensCulture Inc. be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. LensCulture Inc. reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or to introduce different features or links to different Users.
a. SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
b. Permission must be granted by us for any type of link to LensCulture. To seek our permission, you may write to LensCulture. We reserve the right, however, to deny permission to link to LensCulture or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.p
12. DISCLAIMER OF WARRANTIES
a. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, LensCulture AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
c. LensCulture Inc. DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
d. LensCulture DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN LensCulture OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
e. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
f. SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
13. LIMITATION OF LIABILITY
a. IN NO EVENT WILL LensCulture Inc., ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF LensCulture Inc. OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE LensCulture FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS LensCulture, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.
b. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, LensCulture Inc.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
14. APPLICABLE LAWS ⁄ JURISDICTION
a. You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or any other country in which you reside.
b. Notwithstanding local rules or laws regarding your use of the Site, you agree that the laws of the State of California shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with LensCulture Inc. or relating in any way to your use of the Site shall be in the federal or state courts located in Alameda County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute, including any claim involving LensCulture Inc. or its affiliates, officers, directors, employees, representatives, successors, assigns, or content providers.
c. We operate the Site from our offices in Alameda County, California. We do not represent that materials on the site are appropriate or available for use outside of Alameda County, California. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
a. Any inquiries concerning these terms and conditions of use should be directed to us through our contact form. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms and Conditions shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. LensCulture Inc. may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about this policy or our site in general, please contact us.
b. By downloading the Wear Good Shoes PDF from Magnum Photos, your personal information will be held by LensCulture and Magnum Photos and may be used in relation to both organizations' special promotions, content, or other email materials. LensCulture and Magnum Photos may use third party service providers to provide this service, but they will only use your data upon instructions from LensCulture or Magnum Photos and never for their own commercial purposes. You will be given the opportunity to unsubscribe from each newsletter every time you receive it.
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. To modify or delete the personal information you’ve provided to us and your settings, please log in and update your profile. You may also delete your account from your account settings page.
1.5 In this policy, "we", "us" and "our" refer to LensCulture . For more information about us, see Section 10 .
2. How we use your personal data
2.1 In this Section 2 we have set out:
the general categories of personal data that we may process;
the purposes for which we may process personal data; and
the legal bases of the processing.
2.2 We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent OR our legitimate interests, namely monitoring and improving our website and services
2.3 We may process your account data ("account data"). The account data may include your name and email address. The source of the account data is only you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business
2.4 We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, educational details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business
2.5 We may process your personal data that are provided in the course of the use of our All services ("service data"). The service data may include competitions, work reviews, LensCulture galleries exposure, promotions, purchasing, and other all services by LensСulture. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business
2.6 We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent OR our legitimate interests, namely the proper administration of our website and business
2.7 We may process information relating to transactions, including purchases of books and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, and the transaction ID only. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions.
If you choose to pay for anything online at https://www.lensculture.com/bookshop using a Credit or Debit Card, your card details are not stored by us and cannot be used by our staff.
Your credit card details are encrypted and securely stored by PayPal and Stripe.
2.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR the performance of a contract between you and us.
2.10 Children’s Privacy. The Sites and Service are not structured to attract children under the age of 16, and we do not intend to collect Personal Data from anyone we know to be under 16. If we learn that we have collected Personal Data from anyone under 16 years, we will delete that information as quickly as possible. If you believe that we might have any such information, please contact us at [email protected]
2.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3. Sharing your personal data to others
LensCulture is a tool people use to find inspiration, make inspirations a reality, and inspire others in the process. When you create public profiles, portfolios and posts, anyone can view them. The other limited instances where we may share your personal information include:
4. Retaining and deleting personal data
4.1 This Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
4.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
4.3 We will retain your personal data as follows:
LensCulture only keep personal details as long as it is necessary for the purpose for which it was collected. If you have provided us with your personal details, such as full name and address and requested a quotation from us or placed an order, we will keep your details on our database. We will remove your details at any time you request this of us, otherwise you should assume that the data will be kept on our systems indefinitely.
5.1 We may update this policy from time to time by publishing a new version on our website.
5.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
5.3 We may notify you of changes OR significant changes to this policy by email or through the private messaging system on our website.
6. Your rights
6.1 In this Section 6, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
6.2 Your principal rights under data protection law are:
the right to access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to complain to a supervisory authority; and
the right to withdraw consent.
6.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data.
6.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
6.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed.
6.6 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
6.7 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
6.8 There are several ways you can stop direct marketing communications from us:
6.9.1 Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails from that particular division. Communication email includes Marketing, Newsletter, Updates from LensCulture.
6.9.2 If you have an account, log in to your lensculture.com account and change your preferences.
Write to our Data Manager via [email protected]
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
6.10 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7. About cookies
7.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
7.2 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
7.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
8. Cookies that we use
9. Managing cookies
9.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
9.2 Blocking all cookies will have a negative impact upon the usability of many websites.
9.3 If you block cookies, you will not be able to use all the features on our website.
10. Our details
10.1 This website is owned and operated by LensCulture
10.2 We are a registered corporation in Delaware, U.S.
11. You can contact us:
(b) using our website contact form at https://www.lensculture.com/contact
12. Data protection officer
12.1 Our data protection officer's contact details are:
We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it. If you have any questions that haven’t been covered, please contact us by email – [email protected]
This policy was last updated on 22-May-2018
LensCulture ("LensCulture") respects the intellectual property rights of others and expects its users to do the same. It is LensCulture's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, LensCulture will respond expeditiously to claims of copyright infringement committed using the LensCulture website (the "Site") that are reported to LensCulture's Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to LensCulture's Designated Copyright Agent. Upon receipt of the Notice as described below, LensCulture will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice").
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. 2. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to LensCulture’s Designated Copyright Agent at [email protected]
What if I receive a Copyright Complaint (DMCA) notification?
If you receive a notification that a post has been removed due a copyright complaint, it means that the post's content has been deleted from LensCulture at the request of the content's owner. If your account receives too many copyright complaints, you may lose the ability to post new content on LensCulture, and your account may be disabled completely.
If you believe a post was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account's record, and we may replace the content that was removed.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice
1. Email your counter-notice to [email protected]
2. Include ALL of the following:
a. Your name, address, and telephone number.
b. DMCA ID printed at the bottom of the notification email.
c. The source address of the content that was removed (copy and paste the link in the notification email).
d. A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
e. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which LensCulture may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
f. A physical or electronic signature (for example, typing your full name).
LensCulture respects the trademark rights of others. Accounts with usernames or any other content that misleads others or violates another's trademark may be updated, transferred or permanently suspended.
If you are concerned that someone may be using your trademark in an infringing way on our site you can let us know by us at [email protected] LensCulture will review your submission and take whatever action, in its sole discretion, it deems appropriate.