Welcome
to woodysmith.com! We love photography and for the most part this site
is all about photos and camaraderie. For the protection of our partners,
suppliers, you and us, however, the Terms of Use of woodysmith.com are
very important.
Woodysmith.com, the owner and operator
of woodysmith.com, and its affiliates and suppliers (collectively "woodysmith.com")
provide their media hosting and related services (the "Services")
to you subject to the following conditions. If you visit or purchase
at Woodysmith.com, you accept these terms and conditions.
PRIVACY
Woodysmith.com has established a Privacy Policy
to explain to you how your information is collected and used. Your use
of the woodysmith.com website or the Services signifies acknowledgement
of and agreement to our Privacy Policy. If you are a resident of the
European Union, you understand and agree that woodysmith.com stores
and processes your information on computers located in the United States,
and by providing any data to woodysmith.com, you consent to the transfer
of such information to the United States. You acknowledge and agree
that woodysmith.com may disclose your personal information if required
to do so by law or in the good faith belief that such disclosure is
reasonably necessary to comply with legal process, to carry out these
Terms, or to protect the rights, property, or personal safety of Woodysmith.com,
its employees, users and third parties, and the public.
ELECTRONIC COMMUNICATIONS
When you visit woodysmith.com, or send e-mails
to us, you are communicating with us electronically. You consent to
receive communications from us electronically. We will communicate with
you by e-mail to your registered email address or by posting notices
on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as
text, graphics, logos, icons, images, photographs, audio clips, video
clips, digital downloads, data compilations, and software, is the property
of woodysmith.com, or its subscribers who upload photographs or other
media, or its content and software suppliers and is protected by United
States and international copyright laws. woodysmith.com's selection,
coordination and arrangement of all content on this site is the exclusive
property of woodysmith.com, and is protected as a compilation by U.S.
and international copyright laws. All software used on this site or
in conjunction with the Services is the property of woodysmith.com or
its software suppliers and is protected by United States and international
copyright laws.
LICENSE AND SITE ACCESS
Woodysmith.com grants you a limited license
to access and make personal use of this site but not to download (other
than page caching) or modify it or any portion of it, except with the
express written consent of woodysmith.com. This license does not include
any resale or commercial use of this site or its contents. This site
or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of woodysmith.com Any unauthorized use
terminates the permission or license granted by woodysmith.com. You
are granted a limited, revocable, and nonexclusive right to create hyperlinks
to woodysmith.com pages so long as the links do not portray woodysmith.com
or its suppliers or their products or services in a false or misleading
manner.
REVIEWS, COMMENTS, COMMUNICATIONS, AND
OTHER CONTENT
Use of the Services by you is subject to all
applicable local, state, national and international laws and regulations.
You may post reviews, comments, suggestions, bugs, ideas, questions,
or other information (collectively "Content"), so long as
the Content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." Woodysmith.com
reserves the right (but not the obligation) to remove or edit Content,
but does not regularly review posted Content.
COPYRIGHT
COMPLAINTS
Woodysmith.com respects the intellectual property
rights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please contact woodysmith.com's
agent for notice of claims of copyright or other intellectual property
infringement ("Agent"), at copyrightagent@woodysmith.com
or Copyright Agent, Woody Smith Photography, 5279 West 46th Street,
Parma, OH 44134.
Please provide our Agent with the following Notice:
(1) Identify the copyrighted work or other intellectual property that
you claim has been infringed;
(2) Identify the material on the woodysmith.com site that you claim
is infringing, with enough detail so that we may locate it on the website;
(3) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(4) A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized
to act on behalf of that owner;
(5) Your address, telephone number, and email address; and
(6) Your physical or electronic signature.
Woodysmith.com's Agent will forward this information to the alleged
infringer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY smugmug ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Woodysmith.com MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE
IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, smugmug DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Woodysmith.com DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT
THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM Woodysmith.com ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL Woodysmith.com BE LIABLE ON ACCOUNT OF
YOUR USE OR MISUSE OF THE Woodysmith.com WEBSITE OR THE SERVICES, FROM
INABILITY TO USE THE Woodysmith.com WEBSITE OR THE SERVICES, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF
THE Woodysmith.com WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT
HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES. Woodysmith.com CANNOT BE HELD LIABLE FOR
THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS
BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES,
EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED
TO $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNITY
You agree to indemnify and hold woodysmith.com,
its subsidiaries, affiliates, successors, assigns, directors, officers,
agents, employees, service providers, and suppliers harmless from any
dispute that may arise from your breach of these Terms of Use or violation
of any representations or warranties contained in these Terms. You also
agrees to hold woodysmith.com harmless from any claims and expenses,
including reasonable attorney's fees and court costs, related to any
media or other material posted on woodysmith.com.
APPLICABLE LAW
By visiting woodysmith.com, you agree
that the laws of the State of Ohio, without regard to principles of
conflict of laws, will govern these Terms of Use and any dispute of
any sort that might arise between you and Woodysmith.com.
MERGER OR ACQUISITION
It is possible that as we continue to develop
our website and our business, woodysmith.com's Services and/or related
assets might be acquired or transferred as part of a merger. In the
event of such a transaction, you understand and agree that woodysmith.com
may assign its rights under these Terms and that your personal information
may be transferred to the succeeding entity. You will be provided with
reasonable notice and an opportunity to opt-out of the transfer.
DISPUTES
Any dispute relating in any way to your visit
to woodysmith.com or to products you purchase through woodysmith.com
shall be submitted to confidential arbitration in Parma, OH, except
that, to the extent you have in any manner violated or threatened to
violate woodysmith.com intellectual property rights, woodysmith.com
may seek injunctive or other appropriate relief in any state or federal
court in the state of Ohio, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or
otherwise. Any cause of action you may have with respect to your use
of the Service must be commenced within one (1) year after the claim
or cause of action arises.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our
site, policies, and these Terms of Use at any time. Should you object
to any terms and conditions of these Terms of Use or any subsequent
modifications thereto or become dissatisfied with smugmug in any way,
your only recourse is to immediately: discontinue use of
Woodysmith.com.
