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Terms of Service

Terms of Service
Terms of Use Agreement 



Read This Terms of Use Agreement Before Accessing Website.



Effective Date: This Terms of Use Agreement was last updated on June 23, 2012.

This Terms of Use Agreement sets forth the standards of use of the LensDiaries.com Online Service for Registered Member and/or Unregistered Guestss and/or Unregistered Guests. By using the LensDiaries.com website you (the “Member and/or Unregistered Guests”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at LensDiaries.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.



1a. NO NUDITY, NO OFFENSIVE MATERIALS, NO HARASSMENT, NO SPAM, NO SLANDER, NO LIBEL, ETC.
We do our best to maintain a safe and conducive environment on LensDiares.com and we need you to assist us to continue to do so, thus by becoming a registered member of LensDiaries.com, you agree to the following:
(1) You agree to not transmit, send, post, or communicate in any manner commercial communications or spam of any kind. You may however list your photography website links and/or photography workshops, provided they do not appear as spam, and violate any of our terms of service, or infringe on operations of this website. We may delete anything at anytime for any reason, without your prior approval at our discretion.
(2) You agree to not collect users’ content or information, data mine, or collect data of any type or otherwise access LensDiaries.com, using automated means (i.e., harvesting bots, robots, spiders, scripts, or scrapers) without our expressed written permission.
(3) You agree to not engage in any unlawful activities, including, but not limited to, any multi-level marketing, such as a pyramid scheme, spam, and/or links to money-making scams or websites.
(4) You agree to not upload any viruses, worms, trojan horses, PHP scripts, or other malicious type code.
(5) You agree to not solicit login information, usernames, passwords or access or attempt to access an account belonging to belonging to any member.
(6) You agree to not threaten, flame, slander, libel, bully, intimidate, or harass any user for any reason.
(7) You agree to not post content, text, images, or graphics, that: is demeaning, belittling, harmful, slanderous, libelous, hateful, threatening, or pornographic; incites or instigates violence and/or hatred, and/or racism; or contains nudity, human genitalia, and/or depicts/or incites graphic or gratuitous violence.
(8) You agree to not develop, produce, create, maintain or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
(9) You agree not to offer or publicize any contest, giveaway, lottery, or sweepstakes in any area of LensDiaries.com including public (example: Public Profiles, Albums, Forums, etc.) and/or private (example: Profiles, Private Messages, Comments, Forums, Albums, etc.)..
(10) You agree not to use LensDiares.com for any unlawful activity, misleading activities, malicious activities and/or conduct, or discriminatory activities of any nature.
(11) You agree to not make any attempt or to act in any manner that would or could disable, harm, overburden, strain resources or impair the proper functions of LensDiaries.com, for example, DoS (Denial of Service) attacks, brute force hacking attempts, hacking attempts of any kind, etc.
(12) You agree to not distribute petitions, forum posts, emails, private messages or any communique to discourage our terms of service and/or our services we provide for anyone visiting this site including registered and non-registered visitors.
(13) You agree not to post, upload, display, and/or distribute anything on LensDiaries.com that you do not own the copyright and/or ownership to, such as photos, statements, documents, PDF or Document files; or anything that is consider intellectual property (IP) of anyone that you do not have permission and ownership rights. We reserve the right to remove anything, without liability, that we feel violates anyone’s IP (intellectual property) rights, without your prior approval.
(14) You agree not to post any photos, images, drawings, or anything visually graphic in nature that is not properly model released by anyone, or anyone’s likeness in such content.
(15) You agree not to violate any copyrights, trademarks, service marks, in any manner.
(16) You agree not to post any sensitive information, for you or anyone, such as financial documents, identification materials, passports, licenses, birth certificates, etc., of any kind on LensDiaries.com.

1b. Description of Service 

LensDiaries.com is providing Member and/or Unregistered Guests with a social interactive website plus website directory and blog. Member and/or Unregistered Guests must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member and/or Unregistered Guests’s access to the Internet, and (3) pay any fees that relate with such connection. 



1b. Description of Service 

LensDiaries.com is providing Member and/or Unregistered Guests with a social interactive website plus website directory and blog. Member and/or Unregistered Guests must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member and/or Unregistered Guests’s access to the Internet, and (3) pay any fees relate with such connection. 



2. Disclaimer of Warranties 

The site is provided by LensDiaries.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, LensDiaries.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. LensDiaries.com shall have no liability for any interruptions in the use of this Website. LensDiaries.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.



3. Limitation of Liability 

LensDiaries.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR LENSDIARIES.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF LENSDIARIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. 



4. Indemnification 

Member and/or Unregistered Guests agrees to indemnify and hold LensDiaries.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member and/or Unregistered Guests’s use of the Service, the violation of this Agreement, or infringement by Member and/or Unregistered Guests, or other user of the Service using Member and/or Unregistered Guests’s computer, of any intellectual property or any other right of any person or entity. 



5. Member and/or Unregistered Guests Account 

All Member and/or Unregistered Guestss of the Service shall receive a password and an account. Member and/or Unregistered Guestss are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member and/or Unregistered Guests agrees to notify LensDiaries.com of any unauthorized use of Member and/or Unregistered Guests’s account or any other breach of security known or should be known to the Member and/or Unregistered Guests. Member and/or Unregistered Guests’s right to use the Service is personal to the Member and/or Unregistered Guests. Member and/or Unregistered Guests agrees not to resell or make any commercial use of the Service without the express written consent of LensDiaries.com. 



6. Modifications and Interruption to Service 

LensDiaries.com reserves the right to modify or discontinue the Service with or without notice to the Member and/or Unregistered Guests. LensDiaries.com shall not be liable to Member and/or Unregistered Guests or any third party should LensDiaries.com exercise its right to modify or discontinue the Service. Member and/or Unregistered Guests acknowledges and accepts that LensDiaries.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 



7. Third-Party Sites 

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Member and/or Unregistered Guests to review said privacy policies of third-parties’ sites.



8. Disclaimer Regarding Accuracy of Vendor Information 

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While LensDiaries.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

LensDiaries.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.



9. Governing Jurisdiction of the Courts of Texas 

Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas. 



10. Compliance with Laws 

Member and/or Unregistered Guests assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member and/or Unregistered Guests may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member and/or Unregistered Guests further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 



11. Copyright and Trademark Information 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 LensDiaries.com .com, will all rights reserved, or is the property of LensDiaries.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of LensDiaries.com is strictly prohibited.

Member and/or Unregistered Guests agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of 

LensDiaries.com ™ and Lens Diaries ™ are proprietary marks of LensDiaries.com .com. LensDiaries.com ‘s trademarks may not be used in connection with any product or service that is not provided by LensDiaries.com , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LensDiaries.com .

All other trademarks displayed on LensDiaries.com ‘s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with LensDiaries.com.



12. Notification of Claimed Copyright Infringement 

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, LensDiaries.com .com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.



By Mail:

LensDiaries.com

Attention: Copyright Violation

2307 Trinity Pass 

San Antonio, Texas 78261 



By Email: Contact Us



13. Botnets 

Lens Diaries.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, LensDiaries.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 



14. Other Terms 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by LensDiaries.com , in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member and/or Unregistered Guests. Member and/or Unregistered Guests agrees that by accepting this Terms of Use Agreement, Member and/or Unregistered Guests is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Welcome to LensDiaries.com (Lens Diaries™), a hybrid photography blog with social flair. The photoblog provides photo tips, photo tutorials and photo diaries by professional photographer, author, writer, speaker and social media consultant, Rolando Gomez.

Lens Diaries™ is open to all levels of photographers, beginners to advanced, including fine art photography, fashion photography, wedding photography, portrait photography, people photography, baby photography, sports photography, nature photography, iphoneography, landscape photography, studio photography, underwater photography, etc.

Our primary photography focus is digital photography and digital cameras. From iPhones to Canon’s and Nikon’s, you can count on us!