Please contact us at email@example.com with any questions regarding this agreement.
This Site and any other URLs and Sites administered by LPTG and its affiliates including, but not limited to, LensProToGo Labs, (collectively, the “Site”) are offered by LPTG and its affiliates (collectively, “LPTG” or “we” “our” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below ("Terms of Service"). The terms "you" “your” and "user" refers to all individuals and entities that access the Site(s).
I. General Information
1. LPTG, as the owner of this Site, has developed the services (in the following known as “the Service”) to provide sales and rentals of camera, lenses, video and related equipment. The Services are subject to the Rental Agreement. This Site is available to individuals thirteen (13) years and older and registered entities. If you are under the age of eighteen (18), you may make purchases or rentals through the Site only with the involvement of your parent or guardian. Make sure you review these Terms of Service with your parent or guardian so that you both understand all of your rights and responsibilities.
3. All actions that occur under your account, with or without your knowledge, are your own responsibility.
4. We reserve the right to cancel this agreement and our Service on an individual basis.
5. LPTG reserves the right, in its sole discretion, to refuse Service or access to the Site to any user, or to delete accounts created by users, for any reason whatsoever.
6. If this agreement is terminated by LPTG or by you for any reason, you agree to remove LPTG code and account information from all of your web sites, computers, handheld devices and other items.
7. You agree to NOT use the Service in any way that violates the terms of this agreement and you do NOT try to overcome limitations imposed by our Service or your type of user account.
8. If you would like to request additional information regarding these Terms of Service, please contact us at firstname.lastname@example.org.
2. You may opt-out of receiving mailings, communications, or correspondence from LPTG at any time through the unsubscribe link included in all our communications at any time.
III. Prohibited Uses of LPTG
1. As a condition to your use of this Site and the Service, you agree not to:
a. Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
d. Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes upon another's rights, including any intellectual property rights (including but not limited to, copyrights, patents, trademarks, or trade secrets);
e. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
f. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. Reverse engineer, decompile or disassemble any of the software used to provide this Site or the Service and/or resell or redistribute the Service, or any part of the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service, including, but not limited to, altering affiliate IDs including in the hyperlinks created by the storefront;
h. Interfere with or disrupt this Site or the Service, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
i. Obtain, collect, store or modify the personal information about other users, to harass or stalk any user or member of the Site in any way;
j. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site. LPTG reserves the right to block automated programs that do not comply with these restrictions;
k. Upload, email, transmit, or post any content encouraging illegal activity or racism, hate speech, incitement of hate;
l. Upload, email, transmit or post any other content that LPTG deems to be inappropriate;
m. Use any equipment purchased or rented through the Services for any illegal or unlawful purposes; or
2. LPTG reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. LPTG may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that LPTG has no obligation to pre-screen or monitor your access to or use of this Site or the Service or any information, materials or other content provided or made available through this Site, but has the right to do so for the purpose of operating this Site and the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that LPTG may, in the exercise of LPTG's sole discretion, remove or delete any postings, information, materials or other content that violates these Terms or that is otherwise objectionable;
IV. Intellectual Property
1. Except for third party intellectual property, the Site and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by LPTG or its licensors. You acknowledge that the Site and any underlying technology used in connection with the Site contain LPTG’s intellectual property and proprietary information. You may not reproduce, reverse engineer, translate, distribute, modify, amend or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Site except as necessary to view the content on the Site and create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Site not expressly granted by LPTG to you are retained by LPTG.
2. All trademarks and copyrights used, implied, or stated in or by the Service belong to their respective owners. LPTG does not lay claim to any trademarks or copyrights of the materials which users pass through the Service. If you believe the Site or a user of the Site is infringing upon your trademark or copyright, please contact us at email@example.com the below information.
3. DMCA/IP Notification Policy
a. To notify LPTG of infringing or unlawful content, please provide LPTG with the following information:
Your name, address, telephone number and e-mail address;
A description of the exact location on the Site of the infringing or unlawful content;
A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;
In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;
In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and
A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damages by the content.
b. LPTG takes such notices very seriously. We will evaluate the provided notice and if appropriate based on our sole discretion notify our vendors and users of your claim and/or remove accounts or disable access to the Service. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to see the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.
c. LPTG may be notified of claims of intellectual property infringement by emailing the above requested information to firstname.lastname@example.org.
d. Because LPTG allows content to be posted from third parties and third party Sites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if you believe your intellectual property has been infringed by a LPTG vendor or a user posting content from a third party Site, we strongly suggest you contact the vendor, third party or third party site directly and request the allegedly infringing material be taken down.
1. Your use of the Service provided is at your own risk.
2. Our Services are released “as is” and are offered on an “as available” basis. We give no guarantees for the operation of the Site and by its use you indemnify LPTG of any legal responsibility.
3. LPTG is not responsible for any malfunctions, problems, issues, delays, down-time or bandwidth problems of any sort or kind that may or may not be encountered due to using our Service. You acknowledge that LPTG may establish limits concerning use of the Site. You agree that LPTG has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on/through the Site. LPTG reserves the right at any time to modify or discontinue the Service or Site (or any part thereof), with or without notice, and that LPTG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Site.
4. LPTG is not liable for damages, direct or consequential, resulting from your use of the Service, any failure to provide Service, suspension of Service, or termination of Service, including, without limitation, any lost profits, business interruption, delivery failures, equipment failures, loss of programs or other data.
6. LPTG does not guarantee the availability of the Service. You agree not to hold us responsible for data loss or interruption of our Service of any kind. You acknowledge that from time to time the Service or the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; or (iii) causes beyond the control of LPTG or which are not reasonably foreseeable by LPTG. LPTG does not warrant that the function of the Service will meet your expectations. In no event will LPTG be liable to the user or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operating of or inability to operate any web pages, links, a Site, an application, the equipment rented or purchased through the Site, or other Service developed and/or implemented by LPTG for any reason whatsoever, even if LPTG has been advised of the possibility of such damages.
7. LPTG does not/cannot verify, endorse or vouch for the information, ads, banners, articles, or content that are available through the Site and was not produced by LPTG. Some content may be created by unaffiliated third parties. We are not responsible for the accuracy, reliability, effectiveness, or correct use of content, information, or source information provided by third party sites that you receive through the Site. Similarly, LPTG is not responsible for and cannot verify, endorse, or vouch for any third party information or content on the site including listings, links, messages, advertisements and reviews.
8. You understand that all postings, listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that LPTG does not control and is not responsible for all Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.
9. Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of LPTG. LPTG makes no representation or warranty as to the functioning and privacy, or accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will LPTG be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.
10. You are also fully responsible for any Content you post or create on the Site and for the consequences of any such Content. You understand and agree that any uploading or posting will be at your sole risk and LPTG shall not be responsible to you in any way. Further, LPTG does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You acknowledge that LPTG does not pre-screen or approve Content, but that LPTG shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of these Terms or for any other reason.
11. You agree that by posting Content on/through the Site, you automatically grant, and you represent and warrant that you have the right to grant, to LPTG, for the purposes of LPTG marketing and promoting LPTG’s Services and the Site (and not for third party advertising or unrelated uses), an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicense of the foregoing. You also understand and agree that LPTG, in its sole discretion, may delete any Content for any reason. LPTG considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (collectively, the "Material") to be non-confidential and non-proprietary, and LPTG shall not be liable for the disclosure or use of such Material. If, at LPTG's request, any user sends Material to improve the site (for example through the Forums or to customer support), LPTG will also consider that Material to be non-confidential and non-proprietary and LPTG will not be liable for use or disclosure of the Material. Any communication by you to LPTG is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to LPTG upon their submission or communication to LPTG, and you do assign all rights therein to LPTG and agree that the same will automatically become the property of LPTG and that LPTG may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, LPTG may elect, forever, without compensation or accounting to you and without further recourse by you.
12. LPTG is in no way legally or morally responsible for the types of uses or Sites or news that our users present on their Sites. LPTG is not responsible for users presenting copyrighted or otherwise illegal materials on their Sites.
13. LPTG allows the use of third party widgets on Sites utilizing the Service but does not warrant the functionality of the Service in conjunction with these widgets and is in no way responsible or liable for any actions pertaining thereto.
14. The Site or portions of the Site may be labeled 'Beta.' All disclaimers and limitations of liability set forth herein apply to any Service or portion of the Site labeled 'Beta.' Further, you specifically agree that you understand that any Service or portion of the Site labeled 'Beta' may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software 'bugs' and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability herein, you specifically agree that LPTG is not responsible or liable for any error, problem, omission, malfunction, interruption, defect, delay, or failure, in any regard, concerning any Service or portion of the Site labeled 'Beta.'
1. The fees we charge for using our Services can be found on our Site adjacent to each piece of equipment that can be rented or purchased through the Services.
2. You are responsible for paying all fees and applicable taxes associated with using the Service. You are responsible for reading the description and pricing of items and the Rental Agreement or Purchase agreement, as applicable, before making a rental or purchase. Upon placing your order, you acknowledge that LPTG may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. You are obligated to deliver the appropriate payment for items rented or purchased prior to receipt of the rented or purchased equipment. Any disputes regarding a rental or purchase of an item, refund, or shipment shall be resolved as required by these Terms of Service or the applicable Rental Agreement or Purchase Agreement.
3. Joining LPTG is free. LPTG charges a fee for the rental or purchase of equipment through the Site. LPTG's are subject to change at any time and for any or no reason. LPTG may, at LPTG's sole discretion, change some or all of LPTG's services at any time. In the event LPTG introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
4. Collection of Fees. You must have a valid payment method on file (even if utilizing a gift card, free promotion, or credit) and pay all fees associated with our Services by the payment due date. When you provide a payment method (such as a credit card) to us, you confirm that you are permitted to use that payment method. You authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for any and all of transactions on the Site. You also authorize us to collect and store that payment method information, along with other related transaction information. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. If your use of a payment method results in an overdraft or other fee from your bank or provider, you alone are responsible for that fee. LPTG, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, failure to return equipment, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to LPTG by you. Such communication may be made by LPTG or by anyone on its behalf, including but not limited to a third party collection agent. If you wish to dispute the information LPTG reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at LensProToGo, 130B Baker Ave Ext, Concord, MA. If you wish to dispute the information a collection agency reported to a credit bureau regarding your LPTG Account, you must contact the collection agency directly.
If you use a debit card as your payment method, you agree that LPTG can charge you any amount that becomes due for your account. If you want to change your payment method from direct debit, you can do so at any time through your account settings.
5. If you enter into a transaction with a third party that you discovered through our Site or that contacted you as a result of your participation on our Site and have a dispute over the goods or services you purchased, LPTG has no liability for such goods or services.
6. If LPTG terminates your account, if you close your account, or if the payment of your LPTG fees cannot be completed for any reason, you remain obligated to pay LPTG for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact LPTG at email@example.com.
7. Gift Certificates. If you use a gift certificate as the payment method for any rental, purchase or other transaction[JM1] on the Site, the balance of that gift certificate will be applied to the resulting fees. If the balance of your gift certificate is insufficient to complete a transaction, we will ask you to elect an additional payment method to cover the difference. LPTG is not a bank, so gift certificate balances are not deposits and they do not earn interest. Gift Certificate balances are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private. LPTG may change the process for using gift certificates or the ways that you can use your resulting balance, at any time as we deem necessary without prior notice to the full extent permitted by law. You may not sell your gift certificate or any balance thereof. Gift certificates are not redeemable for cash unless required by law. Gift Certificate balances don't expire, however, after a time, any remaining balances may be considered abandoned property. If you leave a balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your balance to the appropriate governing body as required by law.
8. Your Account. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access and make use of the Service and the Site. You agree to comply with all laws applicable to your activities on the Site and with the terms of this Agreement. You hereby represent that you are an organization in good standing and a representative of such organization having the power and authority to enter into this Agreement and perform your obligations hereunder.
9. You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your information in your My Account page on the Site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to LPTG, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer(s) or phone(s). You will comply with all laws applicable to your activities on the Site and with this Agreement.
10. LPTG may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. Upon such termination LPTG will terminate and not bill for any future subscription payments. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Credit Card Authorization