Website Terms of Use
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE.
BY ACCESSING THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT THIS IS A BINDING AGREEMENT BETWEEN YOU ("YOU") AND TERRY SMITH STUDIOS. BY ACCESSING OR USING THIS WEBSITE AND/OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE DISPLAYED OR AVAILABLE ON OR THROUGH THIS WEBSITE, YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN, AS WELL AS ANY AND ALL ADDITIONAL TERMS, CONDITIONS, OR RESTRICTIONS PRESENTED BY TERRY SMITH STUDIOS IN RELATION TO SPECIFIC CONTENT OR IMAGES.
IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT TO TERRY SMITH STUDIOS THAT YOU ARE OVER THE AGE OF 18 AND ARE LAWFULLY ABLE TO ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ARE USING THIS WEBSITE ON BEHALF OF ANY COMPANY OR ENTITY, YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE COMPANY OR ENTITY AND THAT THE COMPANY OR ENTITY YOU REPRESENT AGREES TO INDEMNIFY TERRY SMITH STUDIOS FOR VIOLATIONS OF THESE TERMS.
Ownership. All of the content on this website, including but not limited to still photographic images and moving images or footage in all forms (collectively “Images”), is owned by Terry Smith Studios. Each of the Images is protected by intellectual property laws, including but not limited to copyright and trademark, and therefore may not be copied, duplicated, reproduced, downloaded, or transmitted by any means except pursuant to a written license agreement with Terry Smith Studios.
No images are within Public Domain.
Use of any image as the basis for another photographic concept or illustration is a violation of copyright.
ALL IMAGES ARE REGISTERED WITH THE UNITED STATES COPYRIGHT OFFICE. Terry Smith Studios vigorously protects copyright interests. In the event that an infringement is discovered you will be notified and invoiced the industry-standard TRIPLE FEE for unauthorized usage and/or prosecuted for Copyright Infringement in U.S. Federal Court where you will be subject to a fine of U.S. $150,000 statutory damages as well as all court costs and attorneys' fees.
Restrictions on Use. This website and all content and Images displayed therein are intended for and may be used only by Terry Smith Studios' customers. You may not copy, download, reproduce, transmit, or use in any way Images on this website without a written license from Terry Smith Studios. You also are specifically prohibited from (i) using any data mining, robots or similar data gathering or extraction methods to access, copy, or transmit Images; (ii) manipulating, copying, transmitting, or otherwise displaying Images by using framing or similar navigational technology; and (iii) circumventing, disabling or otherwise interfering with security-related features of this website. In addition to violating the terms of this Agreement, such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Terry Smith Studios expressly reserves all rights and remedies available under any such applicable laws or statutes.
Disclaimer. THIS WEBSITE, AND ALL CONTENT AND IMAGES THEREIN, ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. TERRY SMITH STUDIOS MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT OR IMAGES. TERRY SMITH STUDIOS, TOGETHER WITH ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS, AND AFFILIATES, EXCLUDE AND DISCLAIM, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THIS WEBSITE AND ITS CONTANT AND IMAGES, INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING NON-INFRINGEMENT OR OTHER NON-VIOLATION OF RIGHTS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TERRY SMITH STUDIOS MAKES NO REPRESENTATIONS WITH RESPECT TO ANY IMAGE AND MAKES NO WARRANTIES WITH REGARD TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, REGISTERED, UNREGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND TERRY SMITH STUDIOS GIVES NO WARRANTY AS TO THE ACCURACY OR AUTHENTICITY OF THE IMAGES OR ANY DESCRIPTION OF THEM OR THE IDENTIFICATION OF PERSONS, OBJECTS OR SCENES APPEARING IN THEM AND SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOREGOING, AND YOU ARE RESPONSIBLE FOR OBTAINING ALL THE NECESSARY RIGHTS OR CONSENTS REGARDING ANY OF THE ABOVE AND/OR AS MAY BE REQUIRED FOR ANY USE YOU SHALL MAKE OF SAID IMAGES. TERRY SMITH STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY IMAGES OR CONTENT THEREIN, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TERRY SMITH STUDIOS MAKES NO WARRANTY THAT THIS WEBSITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Some jurisdictions do not permit the exclusion of implied warranties, and so the foregoing or parts thereof may not apply to you to the extent that they are prohibited by law.
Limitation of Liability. IN NO EVENT SHALL TERRY SMITH STUDIOS OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DIRECTORS, AND AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY BREACH OF ITS OBLIGATIONS OR WARRANTIES, EXPRESS OR IMPLIED UNDER THIS AGREEMENT (INCLUDING LOSS OF PROFITS OR BUSINESS, LOST OPPORTUNITY OR LOSS OF BUSINESS REPUTATION), EVEN IF TERRY SMITH STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERRY SMITH STUDIOS’ ENTIRE LIABILITY AND YOUR ENTIRE REMEDY FOR ANY DAMAGES OR LOSS YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER, WHETHER THE ACTION IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO THE AMOUNT PAID TO TERRY SMITH STUDIOS BY YOU, IF ANY, FOR ACCESS TO OR USE OF THIS WEBSITE.
Indemnity. You agree to indemnify and hold harmless Terry Smith Studios and its employees, agents, directors, agents, affiliates, and resellers against any and all losses, costs, expenses (including, but not limited to, reasonable attorneys’ fees), judgments, claims, damages of any kind arising out of your breach of this Agreement or any representation or warranty contained herein or your unauthorized use of any of the Images.