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.
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.
Thank you for using LensCulture!
We wrote this policy to help you understand what information we collect, how we use it, and what choices you have regarding your information. We welcome your questions and comments on this policy.We collect information in two ways:
1. When you give it to us or give us permission to obtain it. When you sign up for or use our services, you voluntarily give us certain information. This can include your name, profile photo, posts, comments, email address you used to sign up, and any other information you provide us. If you're using LensCulture on your mobile device, you can also choose to provide us with location data.
You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to LensCulture, which allows us to obtain information from those accounts (e.g., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
2. We get technical information when you use our services. For most websites, mobile applications, or other Internet services, there's certain information that almost always gets created and recorded automatically. This is true when you use our services, and here are some of the types of information we collect in this way.
Log Data. When you use LensCulture, our servers automatically record information about your interaction with our services ("log data"), including information that your browser sends whenever you visit a website or your mobile app sends when you use it to access LensCulture. This log data may include your Internet Protocol address, the address of the web page you were visiting before you came to LensCulture, browser type and settings, the date and time of your request, and how you used LensCulture.
Device Information. In addition to log data, we may also collect information about the device you're using LensCulture on, including what type of device it is, what operating system you're using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you're using and its settings. For example, different types of information are available depending on whether you're using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.
How do we use the information we collect?
We use the information we collect to provide our services to you and make them better, develop new services and products, and protect LensCulture and our users. For example, we may log how often people use two different versions of a service, which can help us understand which version is better.
We also use the information we collect to offer you customized content -- including helping you discover posts, topics, or other users you might find interesting, or provide you with tailored advertising.
We also use the information we collect to:
Send you updates (such as when your posts or comments on LensCulture are liked or shared by others), newsletters, marketing materials and other information that may be of interest to you. For example, depending on your email notification settings, we may send you weekly updates that include articles you may like. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide). The information we collect may be "personally identifiable" (meaning it can be used to specifically identify you as a unique person) or "non-personally identifiable" (meaning it can't be used to specifically identify you). We use both types of information, and combinations of both types, as described above. We may use or store information wherever LensCulture does business, including countries outside your own.
What choices do you have about your information?
Our goal is to give you simple and meaningful choices over your information. If you have a LensCulture account, many of the choices you have on LensCulture are built directly in to the services or your account settings. For example, you can:
Access and change information in your profile page at any time, and choose whether your profile page is available to search engines; Link or unlink your LensCulture account from an account on another service (e.g., Facebook or Twitter). For some services (like Facebook), you can also choose whether or not to publish your activity on LensCulture to that service. Close your account at any time. When you close your account, we'll deactivate it and remove your posts from LensCulture. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).
You may have choices available to you through the device or software you use to access LensCulture. For example:
The browser you use may provide you with the ability to control cookies or other types of local data storage; Your mobile device may provide you with choices around how and whether location or other data is shared with us. To learn more about these choices, please see the information provided by the device or software provider.
What information do we collect?
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:
How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use LensCulture after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.
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 help@LensCulture.com.
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@example.com.
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 firstname.lastname@example.org. LensCulture will review your submission and take whatever action, in its sole discretion, it deems appropriate.