This Agreement was last modified on February 26, 2017.
Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using www.LocalLens.com (“the Site”) operated by Local Lens LLC (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.LocalLens.com.
The words “you” and “your” relate to the user of the Local Lens Website or Services, or the person on whose behalf that person accesses or uses the Local Lens Website or Services. The words “Photographer” and “Photographers” relate to the independent contracted Photographers selected by Local Lens and assigned to you after making a booking on the Local Lens website. The words “Third Party” and “Third Parties” relate to selected Third Parties who may offer you related services, including but not limited to providers of print products and merchandising.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
This Agreement governs the use of the Local Lens Website and Services, including booking Photographers online, attending a photo shoot with your assigned Photographer, downloading digital image files, ordering online prints and participation in promotions run by Local Lens.
In order to access the Services, you must be 13 years of age or older. If you are under 18 years of age, you must obtain permission from your parent or guardian to use the Services.
The Site and its original content, features and functionality are owned by Local Lens LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Local Lens acts as an agent between you and independent Photographers at destinations around the world. We do not have an employment relationship with the Photographers. All Photographers are independent contractors and the contract is formed between you and the Photographer. You are invited to browse online Photographer portfolio samples and location information on our website before making an online booking. In order to reserve, you will be directed to complete the payment for the selected service.
Following receipt of your payment, we will contact the independent Photographer at your selected destination, confirm the date & time, and coordinate the service you have reserved. We will provide you with a confirmation of booking and relevant details. This confirmation will provide you with information including the confirmed date and time of your photo shoot, the contact details of your assigned Photographer, as well as the meeting place. Local Lens will not be liable for any reliance or expectation by you on the services of any particular Photographer featured on the Local Lens website.
During your photo shoot, you have the option to extend the length of the package. On communicating this preference to your assigned Photographer, you will be required to pay for the extra time before receiving your photos. The payment may be done in one of two ways: a) Through paying the additional sum in cash directly to the Photographer during your Photo Shoot. Your Photographer will provide a receipt; or b) On the Local Lens website.
The Photographer may professionally retouch the selected photos according to his or her professional judgement and skill, and will upload them to an independent server nominated by Local Lens. On receiving notice from the Photographer that the completed photos have been uploaded to the server, Local Lens will forward you with a link that you may use to access your photos. Local Lens is not responsible in any way for the protection of the links to your photos.
Photo shoot session lengths are approximate and are a guide to the total time you will be photographed by your Photographer. Unless otherwise stated, there may be waiting time or delays involved. Any itinerary provided to you is indicative only and the order of events may change. You may consider contacting your Photographer in advance to determine the possibility of any delays.
Booking a Service
All photo shoot bookings are offered subject to the availability of Photographers. To secure a photo shoot, bookings should be made at least 5 days in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalized until you have received the confirmation email containing details of your assigned Photographer, his or her contact details, the photo shoot location and meet-up location. The dates you indicate at the time of making your online booking are not always fixed. Although these are very rare occasions, there are always events outside our control, which will require us to communicate further with you in arranging a different suitable time for both you and your Photographer. We make no guarantees about the availability of any particular Photographer for your Photo Shoot. If we are unable to arrange a time and date that is suitable for both you and a Photographer, we will issue a full and immediate refund of the amount paid at booking, excluding any transaction or conversion fees.
The communications between you and us use electronic means, whether you visit the Local Lens website or send us emails, or whether we post notices on the Local Lens website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
It is your responsibility to ensure that you enter your email address and other contact details correctly when you complete the photo shoot booking process on the Local Lens website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control. If you do not receive a confirmation email within an hour after booking, please contact us at info@LocalLens.com to ensure that we have your correct contact details.
If you have made a booking with Local Lens and you are not able to attend, you can request a refund. Our conditions of refund are:
- We will offer a refund (excluding the non-refundable booking fee) or a substitute Photo Shoot to you if you communicate your cancellation to Local Lens or your assigned Photographer in writing more than 72 hours before the shoot;
- We can offer a 50% refund of your payment if you communicate your cancellation to Local Lens or your assigned Photographer in writing up to 24 hours before the shoot.
- If you communicate your cancellation to Local Lens or your assigned Photographer in writing less than 24 hours before a photo shoot, or do not communicate your cancellation to Local Lens or your Photographer at all, there is no refund.
Prearranged transportation costs for the photographer and the booking fee are non refundable. We have no control over weather conditions. Local Lens photo shoots may be conducted at all times of year and in all weather conditions, but we will consider a refund or rescheduling should inclement weather arise. However, the Photographer may, in his or her discretion, vary the photo shoot location in order to better capture your photos taking the weather into account.
Complaints or Problems
If you have a problem or a complaint on the day of your photo shoot, please bring this to the Photographer’s attention immediately so that issues may be addressed on the spot, where possible.
The photographs used on our website as an example of Local Lens photo shoots are sample photographs, used for illustrative purposes only. They should be used only as a guide to the types of photographs you may expect to receive after completion of your photo shoot and do not represent a warranty or guarantee of the final quality or nature of your photos, or the work of a specific Photographer. Local Lens has no control over the final quality and nature of the photos.
If you remain dissatisfied with your Local Lens experience, please contact your photographer directly or email us at info@LocalLens.com and we will do our best to resolve the issue.
All prices indicated on the Local Lens Website are expressed in US dollars (USD$) or Euros (€). The prices charged may vary according to changes in the foreign exchange rates. We have no control over the foreign exchange rates set by financial institutions and bear no responsibility for the foreign exchange conversion used. Sales to customers within Texas, USA include a Goods and Services Tax (GST) of 8.25%. Sales outside of Texas exclude this Goods and Services Tax (GST) of 8.25%. All prices are correct at time of publication. However we reserve the right to alter prices for any reason without notice.
Photographers are liable for the costs of their own transport to your photo shoot location. However, if you choose to use any paid activities or services during your Photo Shoot (for example, food or drink purchases, taxi rides, etc…) you are responsible to pay for your own use of any such activities or services. If the Photographer cannot photograph you without making a similar payment, you are also responsible to pay on the Photographer’s behalf. Local Lens reserves the right to charge such extra fees as applicable.
Local Lens LLC grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
Other than connecting to Local Lens’ servers by HTTP requests using a web browser, you may not attempt to gain access to Local Lens’ servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Local Lens’ Website or Services or otherwise. You agree not to disrupt, modify or interfere with Local Lens’ Website or Services or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of Local Lens’ Website or Services. You further agree not to alter or tamper with any information or materials on, or associated with Local Lens, its related entities, its Website, and/or its Services.
The photographer retains all copyrights on all images. The customer has a perpetual, non-exclusive license to use the photos for personal use only, and under no circumstances may use the images for commercial use, profit, or competition.
The rights granted in the paragraph above are strictly on the following conditions:
- You always attribute any electronic copy of the image as follows: “[Photographer’s name], used under license”
- No modifications will be made to the images without consent from the photographer, since these may misrepresent the photographer’s work to the public
- You take reasonable steps to protect the image from data corruption
- You do not use the work in a derogatory way
- You do not otherwise infringe the copyright of the image
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyright, you may notify us with the following information in writing: (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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have 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 true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Any content that possibly infringes copyright on a photographer’s profile is a violation to the photographer. Local Lens is not responsible for infringing content photographers upload to their profile on their own behalf.
You acknowledge and agree that you do not have right, title or interest in any intellectual property rights of any kind related to Local Lens, the Website and its Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use Local Lens in accordance with this Agreement. “Local Lens” is our trademark. Other product and company names that are mentioned on Local Lens or provided as part of the Website or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement. The content on the Local Lens website, excluding all intellectual property of other sites obtained by way of API and/or linking and content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein. Content provided by the Local Lens website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Local Lens website and its services.
Your acceptance of this Agreement grants Local Lens and Photographers a perpetual, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute and publicly display your photographs in any form or medium, including on third party websites, whether now known or later developed, for the purpose of promoting and marketing Local Lens services and/or your Photographer’s services. You have the right to revoke the license described in the paragraph above by communicating to us in writing of your desire to do so prior to the photo shoot. Local Lens, its employees, officers, Photographers and Third Parties will not be liable for any damages occasioned by its use of the license, prior to you revoking it.
The photographs created by Local Lens photographers, as well as the text and photographs used by Local Lens on the Website and elsewhere are protected by copyright and must not be copied in whole or in part without the express permission of Local Lens.
By joining the Local Lens photographer network, you grant Local Lens a perpetual, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute and publicly display your photographs in any form or medium, including on third party websites, whether now known or later developed, for the purpose of promoting and marketing Local Lens services and/or your Photo services. Photographers are also not allowed to use the photos taken on a Local Lens photoshoot to promote their services on a competitor’s website.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Local Lens LLC.
Limitation Of Liability
In no event shall Local Lens LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney’s fees, arising from your violation of any third-party’s rights.
Local Lens markets the services of Photographers around the world and acts as an agent in selling and organizing photo shoots for you. Local Lens is not a provider of photographic services and does not control the business operations of any Photographer. Your Photographer provides services directly to you, the customer. The contract for services that arises by virtue of you booking through Local Lens is between you and the Photographer. Local Lens makes no warranties or guarantees regarding the standard of any service to be provided to you by the Photographer. The Photographer shall be fully responsible for any loss, injuries, illness, damages, claims, liabilities and costs suffered by you or any third party associated with you, caused in whole or in part by the Photographer. We highly recommend that the customer have health and travel insurance to cover any accidents that may occur. Whether you choose to attend the photo shoot is within your sole control and at your own discretion.
Third Party Liability
By purchasing a product through any of our Third Party suppliers, including the purchase of prints and merchandise, that Third Party supplier shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered you or any third party associated with you, caused in whole or in part by the Third Party or its products and services.
Local Lens’ Liability
Prior to ordering or participating in any photo shoot you should be aware of the risks involved. In particular, by agreeing to these Terms & Conditions you agree that you attend your Photo Shoot at your own risk. Local Lens does not accept liability for any incidents, accidents, claims by third parties against you, or any other losses that may occur during, or as a result of, your Photo Shoot or during your trip. We highly recommend that you have your own health and travel insurance to cover any accidents that may occur while you are traveling and attending your Photo Shoot. Local Lens makes no warranty or representation about the Photographer’s business or services whatsoever, including any insurance cover they may hold. The responsibility rests with you to make independent enquiries with the Photographer or other third parties. Local Lens has no liability for any loss or damage by any act, omission or default, whether negligent or otherwise, of any Photographer or Third Party. You have certain rights under the law. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local state or territory fair trading department.
If we breach this Agreement we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum value of the photo shoot booking fee paid by you on the Local Lens Website. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for, however it arises: a) Losses not caused by our breach; b) Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity; c) Revenue, profits, loss of business; d) Content posted by other users; e) Contracts entered into with third parties; f) Loss of data; g)Loss of goodwill; h) Computer malfunction or failure; i) Business or commercial losses caused to non-consumers; or j) Failure to provide Local Lens Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing Local Lens Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, and terrorist activity.
You acknowledge that: a) To the full extent permitted by law all express and implied terms, conditions and warranties other than the ones set out in these terms are excluded; b) We are not liable for any death or injury to any person or loss or damage to property arising from: (i) The possession, operation or use of Local Lens’ Website or Services; (ii) Your attendance at the Photo Shoot or travel to or from the Photo Shoot; (iii) Any act or omission (including negligent acts or omissions) of us, our employees, agents, Photographers and Third Parties.
You will indemnify us against any claims made against us by any third party concerning death, injury, loss or damage. You will indemnify us and compensate us against all losses, expenses and other costs we may incur due to your failure to observe your obligations under this Agreement.
Reservation of Rights and Release
We reserve the right, but have no obligation to monitor, or take any action we deem appropriate regarding disputes that you may have with Photographers or Third Parties. To the extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the Local Lens website and from any and all claims related to the conduct of Photographers or Third Parties.
Your use of the Site is at your sole risk. The Site is provided on an “as is”, “with all faults” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Local Lens LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements. No oral or written information or advice given by our representatives shall create any contractual promise.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Texas, United States, without giving effect to any principles of conflicts of law.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us at info@LocalLens.com