The privacy of our visitors to The Gradiated Lens aka TheGradiatedLens.com, TGL, is important to us.
At The Gradiated Lens, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit The Gradiated Lens, and how we safeguard your information. We never sell your personal information to third parties.
Log Files As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as AOL or Shaw Cable), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons We do use cookies to store information, such as your personal preferences when you visit our site. This could include only showing you a popup once in your visit, or the ability to login to some of our features, such as forums.
We also use third party advertisements on The Gradiated Lens to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
You can chose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.
Terms of Use
If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate them.
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to the Digital Media Law Project The Gradiated Lens as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the The Gradiated Lens site will comply with applicable copyright laws. However, if The Gradiated Lens receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Designated Agent
The DMLP’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Shannon Daniels Email: xxxxx@gmail.com copyright (at) dmlp.org Physical Mail:
Upon receipt of proper notification of claimed infringement, TheGradiatedLens.com will follow the procedures outlined herein and in the DMCA.
Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The Gradiated Lens’ Registered Agent (listed above) the following information in a written communication (preferably via email):
- 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;
- 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 The Gradiated Lens to locate the material;
- Information reasonably sufficient to permit The Gradiated Lens to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I 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”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
General Description
Welcome to The Gradiated Lens aka (TheGradiatedLens.com). By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by the Terms.
The Gradiated Lens may change the Terms from time to time, at The Gradiated Lens’ sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of the Terms.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OHITS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE OHITS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS, OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THE SITE) EVEN IF THE The Gradiated Lens, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
Account
Registration
To utilize the Site and Services, or certain portions thereof, you may be required to complete a registration process and establish an account with The Gradiated Lens . You represent and warrant that all information provided by you to The Gradiated Lens is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
Password and Security As a registered user of the Site and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and The Gradiated Lens Account(s). You understand and agree that you a fully responsible for all actions and postings made from your The Gradiated Lens Account(s). Any accounts you create are not transferrable. You agree to notify the The Gradiated Lens immediately if you become aware of any unauthorized use of your The Gradiated Lens Account(s).
Privacy The Gradiated Lens respects the privacy of our users. The Privacy Notice is expressly incorporated herein by reference and made a part of these Terms.
Termination The Gradiated Lens reserves the right to terminate your Account(s) or restrict access to your Account(s), or to delete any content posted through your The Gradiated Lens Account(s), with or without notice, for any or for no reason, and without any liability to you.
Community Participation
Browsing
You understand that material made available by The Gradiated Lens is a product of a community effort and does not necessarily represent the views of The Gradiated Lens. The Gradiated Lens assumes no responsibility for the accuracy, suitability, or completeness of any content provided.
Linking You understand that The Gradiated Lens does not and cannot review all material made available through websites linked or linking to any part of the Site. You also understand that no such linking implies in any way that the The Gradiated Lens endorses or is affiliated with any third-party website. You agree that the The Gradiated Lens bears no responsibility or liability for any content accessed or harm caused from any third-party website.
Acts Against the Site/Services You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:
(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your The Gradiated Lens Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or The Gradiated Lens Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of The Gradiated Lens; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
Parental Notice Pursuant to 47 U.S.C. Section 230(d) as amended, The Gradiated Lens hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
Content Content contributed to the Site should be relevant to the subject scope of The Gradiated Lens. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Please read our Community and Commenting Guidelines, which are incorporated herein by reference.
The Gradiated Lens does not pre-screen or regularly review any contributed content, but The Gradiated Lens has the right (though not the obligation) to remove, without notice, any content posted which The Gradiated Lens considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. The Gradiated Lens may terminate any The Gradiated Lens Account, with or without notice, for posting such content.
Licenses Applicable to Contributed Content (a) License to Other Users of the Site and Services: Attribution-Noncommercial-Share Alike License. Except where otherwise noted, any and all content contributed by you to the Services or the Site is submitted under a Creative Commons Attribution-Noncommercial-Share-Alike 3.0 License.
(b) License to The Gradiated Lens. By posting or contributing content to the Site using these Services, you are granting The Gradiated Lens a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, and/or for educational or other non-commercial purposes, including, without limitation, (1) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (2) the right to sublicense any or all of The Gradiated Lens license rights to others.
User Representations and Warranties By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
Copyright Complaints If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
Indemnities You acknowledge and agree to indemnify and hold The Gradiated Lens, their affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your The Gradiated Lens Account(s), of any intellectual property or other right of any person or entity.
Other Terms
Modifications The Gradiated Lens reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.
Termination of Service The Gradiated Lens disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or Site, or any software provided through the Site. The Gradiated Lens reserves the right to modify, suspend, or discontinue the Services or access to the Site without any notice at any time and without any liability to you.
Scope of Terms The Terms apply to use of and contribution to the Site and any account provided therefore. The Gradiated Lens may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
No Waiver of Terms Failure of The Gradiated Lens to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement These Terms are governed by the laws of California, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Los Angeles County in the California in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.