IMPORTANT! If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms and agree to them for you, before you use Lensoo or provide any information to us. Please review this agreement with your parent or guardian so that you both understand how Lensoo works and what restrictions apply to your use of our websites and services. Remember, always get an adult’s permission before going online.


Terms of Service

Effective date: Feb 24, 2014

Thanks for using Lensoo! We’re glad you’re here, but there are some rules you need to agree to before you use our websites and services (“Services”). When we use the word “Services,” we mean not only the Lensoo website, but also all the other websites, products, services and applications made available by Lensoo (for example, the Lensoo Create Android application available via the Google Play, and the Lensoo Create iPad application available at the Apple App Store). If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at customerservice@lensoo.com. These Terms of Service (the “Terms”) are a binding contract between you and Lensoo, Inc. (“Lensoo”, “we” or “us”), a Delaware corporation, and its affiliates. You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

Acceptance Of Agreement

Your use of the Services constitutes your acceptance of the terms and conditions outlined in this Terms of Service Agreement and in each of our policies posted on our website. This Terms of Use Agreement, together with each of our policies posted on our website, are collectively referred to herein as this “Agreement.” This Agreement constitutes the entire and only agreement between site users and Lensoo. This agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings concerning the subject matter of this Agreement.

Privacy

Please review our Privacy Policy to understand our practices concerning privacy matters.

Electronic Communications

When you use the Services or send e-mails to us, you are communicating electronically. We will also communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Lensoo or its content suppliers and is protected by U.S. and international copyright laws. All software used in the Services is the property of Lensoo or its software suppliers and is protected by U.S. and international copyright laws.

Trademarks

“Lensoo” “Lensoo.com”, “Lensoo Create”, and “LensooCreate.com” are service marks, registered service marks, or trademarks. Lensoo’s service marks, trademarks and trade dress may not be used in connection with any product or service that is not Lensoo’s, All other trademarks not owned by Lensoo or its subsidiaries that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lensoo or its subsidiaries.

Lensoo grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and make personal use of the Services and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Lensoo. This license does not include any resale or commercial use of the Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lensoo. You may not remove, decompile, disassemble or reverse engineer any Services software or use any network monitoring or discovery software to determine the Services architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lensoo and our affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing Lensoo’s name or trademarks without the express written consent of Lensoo. You may not use the Services for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Services in a manner that violates any state or federal laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by Lensoo. You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of www.lensoo.com so long as the link does not portray the Services, Lensoo, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Lensoo logo or other proprietary graphic or trademark as part of the link without express written permission.

Your right to use our services is not transferable or assignable. Any password or right given to you to obtain information or access the Services is not transferable or assignable. If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. While www.lensoo.com does offer products for a wide range of audiences, we only sell to adults, who can purchase with a credit card, PayPal account, or any other payment methods. Lensoo and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Lensoo reserves the right but not the obligation to remove or edit such content, but does not regularly reviews posted content. In addition, any content posted or material submitted in our discussion forums or reviews is available for other members of Lensoo to view, and is therefore not private, confidential or privileged.

Our Services

Lensoo offers an active learning environment. Because Lensoo is a public platform, any posts, comments, reviews, chat sessions or other content is not confidential or private. Content posted in a public platform may be accessed by others, and may be indexed by a search engine. You should not post any personal or sensitive information to better protect your privacy. If you are involved in a medical or other emergency, you should immediately contact your local authorities, including, but not limited to, law enforcement, fire department, hospitals, or emergency response such as 911 in the United States.

Lensoo and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.

Products and Product Descriptions

Lensoo and its affiliates attempt to be as accurate as possible. However, Lensoo does not warrant that product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. Unless marked otherwise, all materials purchased from Lensoo and its affiliates are available on a rental basis only. Purchasing a product grants you a limited, non-exclusive, non-assignable license to access the materials for the time-period specified in the product description. You agree not to copy, distribute, reverse engineer or modify any materials offered by Lensoo and its affiliates.

Other Businesses

Parties other than Lensoo and its subsidiaries may advertise, operate stores, provide services, or sell product lines on this Site. In addition, we may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Lensoo does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of use for their websites.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Information And Press Releases

Our website contains information and press releases about us. We disclaim any duty or obligation to update this information of any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

Warranty Disclaimer

Lensoo does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products (including Publisher Software) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Lensoo or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL LENSOO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LENSOO IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Lensoo, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Lensoo’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

Miscellaneous

You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Lensoo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lensoo, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Lensoo in any respect whatsoever. You and Lensoo agree there are no third party beneficiaries intended under this Agreement.

Other Site Policies And Modification

From time to time, we may post revised versions of existing policies or new policies on our website and applications. Please review all of our other policies posted on this Site. These policies also govern your use of the Lensoo Services. We reserve the right to make changes to our Site, policies, and this Terms of Service Agreement at any time.

Our Address
Lensoo, Inc.
2880 Zanker Road, Suite 203
San Jose, CA 95134

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lensoo’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Lensoo and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site, including the auction ID number, if applicable;
  • Your address, telephone number, and email address;
  • 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;
  • 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 the copyright owner’s behalf.

Lensoo’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

Copyright Agent
Lensoo, Inc. Legal Department
2880 Zanker Road, Suite 203
San Jose, CA 95134
Phone: 408-649-5802
E-mail: copyright@lensoo.com

Courier address:
Copyright Agent
Lensoo, Inc. Legal Department
2880 Zanker Road, Suite 203
San Jose, CA 95134
USA