Terms and Conditions

Terms and Conditions

Updated: June 2021

These terms and conditions are a legal Agreement between you (‘you’, or ‘your’) and Gary F. Smith (‘we’, ‘our’, or ‘us’) and has been created to provide information to visitors or registered users with regards to your use of, and how Content that you purchase from the website https://www.garyfsmithphotography.com (the ‘site’) can be used.
We ask that you read this Agreement carefully and, in its entirety, as you will need to accept these terms to place an order. By continuing to use the site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must not use the site.

1. Products
1.1. Prints
Hahnemühle fine art and professional prints are shipped unframed and unmounted to allow you to frame and mount your purchase to your own tastes. Canvas wraps are shipped ready to hang. The print costs are calculated based on the available options with each product. Shipping costs are reflected at the time of checkout.
Online prints are handled through our professional printing lab; ‘One Vision Imaging’, who will ship your order directly to you.
All prints are custom made-to-order, and as such you acknowledge and agree we do not accept refunds or returns if you have changed your mind for custom made prints, therefore, we ask that you order the right print size to fit your room and/or wall space, considering your preferred mounting or framing arrangements. All orders are final.
Prints that arrive faulty may be returned for a full refund or replacement. Faulty goods must be notified to us by email within seven (7) days from delivery quoting the Invoice number and the photo ID number, together with details of the fault. Requests for refunds or replacements received more than seven (7) days after delivery will not be accepted.
1.2. Downloads
Content is licensed on a Non-Exclusive basis, meaning the Content can be purchased by others.
Not all Content is offered for Download, Content offered is licensed for a specific one-time use and pricing is based on file size.

2. Intellectual Property
All images, and includes all metadata, keywords, descriptions, and captions associated therewith (collectively ‘Content’) is owned by Gary F. Smith. All rights not expressly granted in this Agreement are reserved by Gary F. Smith.
No ownership or copyright shall transfer to you by the issue of a purchased print, canvas wrap, or download. You acknowledge that all rights, title, and interest in and to the site and Content, remain with Gary F. Smith.

3. Restrictions
3.1. Downloads
3.1.1. You must not use the Content in connection with or for pornographic, defamatory, fraudulent, lewd, obscene or in connection with the glorification of violence, racism, religious intolerance, or other illegal manner.
3.1.2. You must not make the Content available in any medium that would allow or invite others to download, extract, or access the Content.
3.1.3. You must not sublicense, transfer, distribute, lend, sell, or lease the Content or the rights to the Content to any person or legal entity.
3.1.4. You must not incorporate the Content (or any part of) into a logo, trademark, or service mark.
3.1.5. You must not display any Content in digital format at a resolution higher than 72dpi.
3.2. Site Content
3.2.1. You will not allow or invite others in any medium in any way to distribute, extract, modify, store, copy or sell any site material or Content.
3.2.2. You will not use any machine learning and/or automated tools to access the site or download, distribute, extract, modify, store, copy or sell any site material or Content.
3.2.3. You will not modify, translate, enhance, decompile, disassemble, or create derivative works of the site.
3.2.4. You will not use the site in a manner that will threaten the performance, or availability of the site, or remove, alter, or obscure any copyrighted notices on any portion of the site or Content.

4. Download Rights
4.1. Only you, the Licensee may use the Content and must be solely for the Licensee’s own use.
4.2. Subject to the restrictions in section 3, Gary F Smith grants you a non-exclusive right to use the Content as specified in the Invoice. When your License period as set out in the Invoice terminates, you must delete the Content from your storage system.
4.3. All Content must retain any Gary F. Smith copyright notices, Content file identification references and any other information as may be invisibly embedded or visibly provided within the original electronic Content file.

5. Third Party Links
Our site may contain links to other websites and services provided by third parties, these are for information only and we are not responsible or liable for their content or material. If you follow a link, please be aware these terms will no longer apply, and we ask that you review the terms and policies for any third-party website before any communication or action is taken through these links. We are not responsible or liable to you for any damage or loss caused by your use of or reliance on any goods or services available through the third-party websites.

6. Privacy Policy
Please read the Gary F. Smith privacy policy relating to the collection, storage, use and disclosure of your personal information.

7. Disclaimers of Warranties
7.1. While Gary F. Smith has made reasonable effort to correctly categorise, keyword, caption, and title the content, Gary F. Smith does not warrant the accuracy of such information, or any metadata provided with the Content.
7.2. The site and Content are provided “as is” without any representation, warranty, or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Gary F. Smith does not warrant that the content or the site will meet your requirements or that the site or Content will be uninterrupted or error free. Any material obtained through the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the site.

8. Indemnity/Limitations of Liabilities
8.1. You agree to indemnify and hold Gary F. Smith and its partners, service providers, affiliates, officers, agents, and employees harmless against all damages, expenses, costs, or liabilities arising out of (i) your use of the site or Content, (ii) claims by third parties relating to your use of any Content outside the scope of this agreement (iii) any breach by you of any of the terms of this or any other agreement. We reserve the right, at our own expense, to assume defence of any matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate in any way reasonable with our defence of those claims.
8.2. Limitations of Liability; GARY F. SMITH SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFIT, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL COSTS OR OTHER CLAIMS ARISING OUT OF THIS AGREEMENT, EVEN IF GARY F. SMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSES RESULTING FROM YOUR USE OF THE SITE OR CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED £10 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

9. Payment
Online transactions are conducted via Stripe or PayPal; both payment service providers are well-established and provide a secure payment process and most major credit / debit cards are accepted. Payment is due on checkout and all payment information is securely kept. Refer to our privacy policy for more information. Issues relating to Stripe or PayPal should be directed to them in the first instance.

10. Legal Notice
This Agreement shall be interpreted under and governed by the laws of England and be subject to the exclusive jurisdiction of the English courts for any claims arising out of or related to these terms or your use of the site. In the event that a court finds any provision of this agreement to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions should not be affected and will remain in force. Such provisions should be revised only to the extent necessary to make them enforceable.

11. General Provisions
11.1. We may from time to time make changes to these terms. When changes are made, we will revise the ‘updated’ date at the top of this Agreement. We encourage you to review this Agreement whenever you visit our site.
11.2. We may withdraw or modify any Content from the site at any time in our sole discretion. We will not be liable to you or to a third party for any discontinuance, modification, or suspension of the site.
11.3. Waiver: No action of either party, other than an express written waiver, may be construed as a waiver of any provision of this agreement.
11.4. If you have any enquiries or questions regarding the site or Content, you can send an email to info@garyfsmithphotography.com or you may use the contact form on the site. All notices to you will be sent via email to the email address we receive or identified on your account.
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