Updated: August 4, 2020
TERMS AND CONDITIONS
Welcome to Lens Prose Gallery Studio, LLC! Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Lens Prose Gallery Studio, LLC. (referred to as “Lens Prose,” “LPGS,” “LensProse.com,” “Company,” “we,” or “us”).
LICENSE AND WEBSITE ACCESS
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
- engage in any activity that interferes with the website or another user’s ability to use the website;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
If you use the website, 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. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Lens Prose or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
COPYRIGHT & TRADEMARK COMPLIANCE; COMPLAINTS
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, please contact Lens Prose at:
Lens Prose Gallery Studio, LLC
Attention: Legal Department
1500 Jackson Street NE, Studio 133
Minneapolis, MN 55413, USA
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.
USE OF RECOMMENDATION SERVICES
We offer our website users certain services that involve the use of images of our products. These include, but are not limited to, our "Favorites" and "Email This" services. The product images provided through these services are protected by international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our website.
SUGGESTIONS AND IDEAS
Visitors may submit suggestions, ideas or questions to LensProse@gmail.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
LIMITATION OF LIABILITY
We do not accept responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
III. TERMS OF SALE
These Terms of Sale apply to all offers made by Lens Prose Gallery Studio, LLC, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
ARTWORK/PRODUCT COPYRIGHT AND REPRODUCTION
We want you to share your excitement for your new artwork purchase with friends, family and US! You have our permission to photograph installed artwork for personal, non-commercial purposes such as posting to social media and email ONLY IF you include an artist credit line. An artist credit line must include: artist name, image title, and tag to artist profile and/or link to LensProse.com.
The Artist reserves all rights and reproduction rights, including the right to claim statutory copyright in the Work. The Work may not be photographed, sketched, painted, or reproduced in any manner whatsoever without the express written consent from the Artist.
Sales of “original,” “embellished,” and “commissioned” artwork does not transfer rights, including intellectual rights or copyrights to buyer. The Artist reserves all rights unless otherwise negotiated in writing by buyer and artist.
Artworks copyright of: Cynthia Fleury, John A Olson, and Brian Billadeau. All rights reserved.
RETURN AND EXCHANGES
We are committed to the quality of our artwork and products, plus to our customers’ satisfaction. While all sales are final, we understand that sometimes problems can arise. If your print order has a printing or material defect or misprinted, we will gladly assist in replacing your order with our print partners. Refunds are not offered, but LPGS credit can be offered at our discretion, excluding shipping costs.
Damaged items are eligible for replacement. If your shipment arrives damaged or broken, please follow the procedure below and contact us immediately at LensProse@gmail.com.
- We require photographic proof of all damages to OUTSIDE PACKAGING BEFORE OPENING and of product damage after opening.
- Please preserve all original packaging if possible, the shipping company may require it for your claim.
- E-mail requests must be received within 48-hours of delivery, must include a copy of the shipping receipt and photographic documentation of the damage as stated above.
- We will review all information and consult with the shipping company and/or printing partners on all final approvals. If the request is approved, there is no charge for the replacement. We will instruct you further on how to return damaged products. Return of damaged products may be required before replacement order can be processed.
We are not responsible for lost, missing or stolen shipments. All items purchased from Lens Prose are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to the buyer upon our delivery to the carrier.
Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do NOT charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
ACCEPTANCE OF ORDER
We reserve the right to refuse or cancel any order. In such event your sole recourse shall be the return of amounts paid by you related to such order (if any).
All items purchased and/or shipped within the state of Minnesota are subject to state and local sales taxes.
Any tax exemption must be verified prior to purchase(s) with proper documentation, and once approved, buyer assumes responsibility for any fines, fees, damages, settlements effecting Lens Prose by buyer’s incorrect or fraudulent exemption.
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If you feel your product is not as described, Please contact us at LensProse@gmail.com.
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
Any dispute or claim relating in any way to your use of any Lens Prose Service, or to any products or services sold or distributed by Lens Prose Gallery Studio, LLC or through LensProse.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By placing an order with Lens Prose, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Lens Prose Gallery Studio, LLC.
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.