Terms of Service

Last Updated: 11/19/2025
This document is available on https://lensandlinen.com/terms-of-service

Welcome to Lens And Linen! These Terms of Use (“Terms”) govern your access to and use of our website [www.lensandlinen.com] (the “Site”) and the products and services we provide (collectively, the “Services”).

The Services are provided by Kalium L.L.C., doing business as Lens And Linen (“Lens And Linen,” “we,” “us,” or “our”).

By creating an account, placing an order, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Eligibility

Our Services are available to individuals and businesses (“you”) who wish to create custom photo products. By using our Services, you represent and warrant that you are of legal age to form a binding contract.

2. Your Account

You must create an account to use our Services. You agree to:

  • Provide accurate, current, and complete information.
  • Keep your account information updated.
  • Maintain the security of your account password and accept all risks of unauthorized access.
  • Notify us promptly if you discover any security breach.

You are responsible for all activity that occurs under your account.

3. Customer’s Responsibilities & Warranties

By uploading any content, including but not limited to photographs, text, or other materials (“Content”) to our Site, you represent and warrant that:

  • You have the legal right to do so. You warrant that you own the copyright to the Content or have obtained all necessary rights, permissions, and consents (such as a model release or print release) to upload the Content and to authorize Lens And Linen (and Kalium L.L.C.) to use the Content for the sole purpose of fulfilling your order.
  • The Content does not infringe on any third party’s rights, including copyright, trademark, privacy, or publicity rights.
  • The Content is not unlawful, defamatory, obscene, or otherwise objectionable.

4. Indemnification

You agree to indemnify, defend, and hold harmless Lens And Linen, Kalium L.L.C., and their respective affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

  • Your breach of these Terms.
  • Your violation of your warranties (especially regarding your right to use the Content).
  • Any claim brought by a third party related to your use of the Content or our Services.

This means that if a third party (e.g., the subject of the photo or the original photographer) sues us for using the photo you uploaded, you agree to cover the legal costs.

This includes, without limitation, any claims brought under copyright law, the Digital Millennium Copyright Act (“DMCA”), intellectual property laws, privacy laws, rights of publicity, or any claims alleging that the Content you provided infringes the rights of any third party.

5. Orders, Payments, and Fulfillment

  • Product Descriptions: We take care to ensure our products are described accurately. However, all descriptions, specifications, and prices are subject to change without notice.
  • Payments: You agree to provide a valid payment method for all orders. You will be charged at the time of purchase. All payments are processed through our secure third-party payment processor.
  • Turnaround Times: All turnaround times are estimates. We are not responsible for delays in shipping or manufacturing, though we will make every reasonable effort to meet our estimates.
  • Shipping: We are not responsible for lost, stolen, or delayed packages once the carrier has accepted the shipment. Any delivery disputes must be handled directly with the carrier.
  • Returns & Refunds: Because all Lens And Linen products are custom-made to your specifications, all sales are final and we do not accept returns for reasons other than manufacturing defects or printing errors.
  • Defects: If your order arrives damaged, misprinted, or otherwise defective, please contact us within 7 days of delivery with photos of the issue. We will, at our discretion, remake the affected product or issue a refund.
  • Cancellations: Orders may be canceled only before production begins. Once work on your order has started, cancellations and changes are no longer possible. We will make reasonable efforts to accommodate requests received within 24 hours of placing the order, but we cannot guarantee modifications. For complete terms, see Section 12.

6. Intellectual Property

  • Our Site: We (Kalium L.L.C.) own all right, title, and interest in and to our Site, including all related intellectual property rights (our logo, text, design, etc.).
  • Your Content: You retain all of your ownership rights in your Content. We do not claim any ownership rights. We are granted a limited, non-exclusive, royalty-free, worldwide license solely to use, reproduce, modify (e.g., to format for a product), and process the Content to fulfill your orders and then to delete it as per our Privacy Policy.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LENS AND LINEN AND KALIUM L.L.C. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS; OR (C) ANY ERRORS OR OMISSIONS IN OUR SERVICES.

THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE SERVICES IS LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE [THREE (3)] MONTHS IMMEDIATELY PRECEDING THE CLAIM.

8. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law principles.

Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Albany, New York.

9. Changes to These Terms

We may modify these Terms at any time. We will provide notice by posting the revised Terms on the Site and updating the “Last Updated” date. Your continued use of the Services after such a change constitutes your acceptance of the new Terms.

10. Contact Us

If you have any questions about these Terms, please contact us at: Lens And Linen info@lensandlinen.com

11. Data Processing

  • The Data Processing Addendum attached hereto as Annex 1 is incorporated into these Terms by reference and applies to the processing of any Personal Data (Photos) you upload to the Service.
  • International Transfers. You acknowledge and agree that Personal Data may be transferred to and processed in the United States or other jurisdictions in which Lens And Linen or its Sub-processors operate. Where required by applicable law, such transfers shall be made pursuant to a lawful transfer mechanism, including the EU Standard Contractual Clauses or any successor framework, and Lens And Linen shall implement appropriate safeguards to protect the Personal Data.

Annex 1: Data Processing Addendum (DPA)

This Data Processing Addendum (“DPA”) forms part of the Terms of Use (“Terms”) between Kalium L.L.C. doing business as Lens And Linen (“Processor”) and You, the customer (“Controller”).

By agreeing to the Terms of Use, you are also agreeing to the terms of this DPA.

1. Definitions

  • “Controller”: The party that determines the purposes and means of processing Personal Data. This is You, the customer.
  • “Processor”: The party that processes Personal Data on behalf of the Controller. This is Kalium L.L.C. d/b/a Lens And Linen.
  • “Personal Data”: Any information relating to an identified or identifiable natural person. In this context, it refers to the “Submitted Photos” and any associated information you upload.
  • “Processing”: Any operation performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation, reproduction, use, disclosure, and deletion.

2. Roles and Responsibilities

2.1. Controller (You): You represent and warrant that you have a lawful basis for all Processing of Personal Data (i.e., you have obtained all necessary consents from your clients) to transfer the Personal Data to us and for us to process it as necessary to provide the Services. You (the Controller) are solely responsible for determining and documenting the lawful basis for processing the Personal Data, including obtaining all necessary client consents, permissions, or releases.

2.2. Processor (Lens And Linen): We shall process the Personal Data only on your documented instructions (i.e., your order) and for the sole purpose of providing the Services (manufacturing and fulfilling your product order).

2.3. Instructions. Lens And Linen will process Personal Data only on the documented, lawful instructions of the Controller as provided through the ordering process or other written communication. Lens And Linen may refuse to process any Personal Data or follow any instruction that, in its reasonable judgment, would violate applicable law. If Lens And Linen believes an instruction is unlawful, it will notify the Controller promptly.

3. Processor’s Obligations

Lens And Linen agrees to:

  • Confidentiality: Ensure that all personnel authorized to process the Personal Data are bound by a strict duty of confidentiality.
  • Security: Implement and maintain appropriate technical and organizational security measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
  • Sub-processors. You provide general authorization for Lens And Linen to use Sub-processors (such as printing labs, cloud hosting providers, and shipping carriers) as reasonably necessary to provide the Services. Lens And Linen will ensure all Sub-processors are bound by data protection obligations no less protective than those set out in this DPA. Upon request, Lens And Linen will provide a list of current Sub-processors. Lens And Linen will notify the Controller of any material changes to its Sub-processors where required by applicable law.
  • Data Breach: Notify you without undue delay after becoming aware of a Personal Data breach.
  • Deletion: Upon fulfilling the order, permanently delete the Personal Data (Submitted Photos) in accordance with the timeframe specified in our Privacy Policy.

4. Assistance to Controller

We will provide reasonable assistance to you, the Controller, in:

  • Responding to data rights requests (e.g., access, deletion) from your clients.
  • Ensuring compliance with security and data breach notification obligations.

Any costs associated with providing such assistance shall be borne by the Controller.