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TERMS OF USE

INTRODUCTION

This document defines the legally binding terms of your use of this website (the "Site") as a visitor/user.

YOUR ACCEPTANCE OF OUR TERMS OF USE

The Terms of Use ("Terms of Use") is between you and Lensfinder.com, LLC ("Lensfinder" or "we") and your rights and obligations under the Terms of Use and in using the Site are not assignable. Your use and access of the Site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular services on the Site (the "Services"), you shall be subject to any posted guidelines, rules, and policies applicable to such Services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into the Terms of Use.

By using this Site, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of the Terms of Use, you may not access, view, obtain Services from, or otherwise use this Site.

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL LENSFINDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEBSITE, OR FOR ANY INFORMATION, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF LENSFINDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM LENSFINDER'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, LENSFINDER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LENSFINDER'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.

You are responsible for regularly reviewing the Terms of Use. Lensfinder reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this document, in whole or in part, at any time, without prior notice.

SERVICES

Lensfinder may, at Lensfinder's sole discretion, change some or all of the Services at any time. In the event Lensfinder introduces a new Service, the fees for that Service are effective at the launch of the service.

LENSFINDER IS A MARKETPLACE

Lensfinder acts as a marketplace to allow users who comply with the Terms of Use and policies to offer, sell and buy used, vintage and boutique camera lenses from other users. Lensfinder cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. Lensfinder also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. Lensfinder encourages you to communicate directly with potential transaction partners. You agree that Lensfinder is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the Site.

USERS

Age: By using the Services, You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Lensfinder's policies as stated in the Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Lensfinder, each of which is incorporated herein by reference and each of which may be updated by Lensfinder from time to time without notice to you.

Account Information: 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.

Right to Refuse Service: Lensfinder reserves the right, in Lensfinder's sole discretion, to cancel or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.

FEES

Joining and setting up a shop on Lensfinder is free. Lensfinder does not charge fees to list an item for sale. Lensfinder does charge fee equal to 3.99% of the sale price when the item sells, with a maximum fee of $500.00 per sales order. The fees charged by Lensfinder is in addition to any fees charged by PayPal or your credit card processer. Payment of the fees must be by way of credit card or PayPal through the Site. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).

LISTINGS

Your Content: By listing an item on the Site You warrant that You and all aspects of the item comply with these Terms of Use. You shall not list any item on the Site other than used, vintage and boutique camera lenses. You also warrant that You may legally sell the item. You must accurately describe your item and all terms of sale in your Lensfinder shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself (together, "Content"). You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information of a third party without obtaining the prior written consent of the owner of such proprietary rights. Listings may not include links or reference to other selling venues, external listings, websites or selling channels. The inclusion of phone numbers or email addresses directly in listings is prohibited. All items must be listed in an appropriate category with appropriate tags. Each item must have its own listing. Any failure to accurately list your item, or the inclusion of any false information in the listing may be grounds for suspension or termination of your account.

You warrant that your Content shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. You shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. Your listing shall not be obscene or contain any form of pornography. Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Lensfinder does not claim ownership rights in your Content. You grant Lensfinder a license solely to enable Lensfinder to use any information or Content you supply Lensfinder with, so that Lensfinder is not violating any rights you might have in that Content. You grant Lensfinder a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Lensfinder to store or re-format your Content on Lensfinder and display your Content on Lensfinder in any way as Lensfinder chooses. Lensfinder can also use any transactional information including sale date and final price for sales completed on Lensfinder as it sees fit.

Seller’s Policies: All sellers are urged to outline shipping, returns, payment and selling policies in their listing.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on Lensfinder, the buyer agrees to the specific return and other policies set forth by the individual seller. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make Lensfinder a party to the transaction.

Fee Avoidance/Void Transactions: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. No sales may be carried out in any manner intended to avoid Lensfinder's fees.

OFFENSIVE AND OTHER CONTENT

Lensfinder does not control the Content provided by users that is made available on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. By using Lensfinder, you agree to accept such risks and expressly agree that Lensfinder (and Lensfinder's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Lensfinder. Please use caution, common sense, and practice safe buying and selling when using Lensfinder.

BREACH OF TERMS OF USE; INDEMNIFICATION

In the event you violate these Terms of Use by engaging in a prohibited activity, or for any reason, whether with or without cause, at our sole discretion, we reserve the right, at any time, with or without prior notice or warning, to: (i) edit any such prohibited information; (ii) delete any such prohibited information; (iii) refuse service, pause, suspend or terminate your account for any period of time or indefinitely, and reinstatement shall be at our sole discretion; (iv) release information to the proper authorities, including law enforcement, as a result of a violation of these Terms of Use or alleged unlawful acts, or if the information is subpoenaed and/or if we deem it necessary and/or appropriate.

YOU AGREE TO INDEMNIFY AND HOLD LENSFINDER AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

FEEDBACK

By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Lensfinder, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Lensfinder is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Lensfinder shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) Lensfinder may have something similar to the Feedback already under consideration or in development; (e) you irrevocably assign to Lensfinder all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from Lensfinder under any circumstances.

GENERAL LEGAL INFORMATION

Time Governing Law and Venue. You agree that: (i) the Site shall be deemed solely based in Massachusetts; and (ii) the Service provided through the website shall be deemed a passive website that does not give rise to personal jurisdiction over Lensfinder, either specific or general, in jurisdictions other than Massachusetts. These Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles. Any claim or dispute between you and Lensfinder that arises in whole or in part from the use of the Site or Services shall be decided exclusively by a court of competent jurisdiction located in ___________ County, Massachusetts.

Limit for filing claims. Any cause of action you may have with respect to your use of the Site or Services must be commenced within one year after the claim or cause of action arises.

Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall survive the termination of you use of the Site or Services, and applies to all claims and disputes whether they arise or are asserted during or after termination of such use, and can only be changed, modified, rescinded or superseded as provided for in these Terms of Use.

Notices. Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to Lensfinder at the address set forth at the end of these Terms of Use.

Entirety of the Agreement. These Terms of Use and our Privacy Policy contain the entire agreement between You and Lensfinder with respect to the Site and Services. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Lensfinder with respect to this Site, and goods and services offered through it by Lensfinder. No party is relying on any representations, oral or written, on the subjects of the effect, enforceability or meaning of these Terms of Use, except as specifically set forth herein. Any rights not expressly granted herein are reserved.

MODIFICATIONS OF TERMS OF USE

Lensfinder reserves the right to modify these Terms of Use at any time, so please review it frequently. If we make material changes to these terms, we will notify you here, by email, or by means of a notice on our home page. The most current version of these terms, which supersedes all previous versions, can be reviewed by clicking on the Terms of Use at the bottom each page of this Site. Use your browser’s “Print” button to keep a copy of these terms.

COPYRIGHTS

The content, organization, graphics, design, and other matters related to the website are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. You do not acquire ownership rights to any content, document, or other materials viewed through our website. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site.

Lensfinder respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lensfinder’s Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (3) identification of the material that is claimed to be 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; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CONTACT INFORMATION

Lensfinder.com, LLC
Attn: Legal Department
[Address]

Effective Date: July 16, 2018

Updated: July 16, 2018