Please read this Agreement carefully before accessing the Photography by Paul Smith website. As a condition to and in consideration of receiving and accessing Photography by Paul Smith website, the User agrees to be bound by the terms of this Agreement along with our Privacy and Spam policies. Use of or access to Photography by Paul Smith shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS Photography by Paul Smith or any of it's affiliate sites. If you have any questions about this Agreement, please contact us through our contact form.
Time is of the essence for receipt of full payment under this Agreement.
NO RIGHTS ARE GRANTED UNLESS AND UNTIL PHOTOGRAPHER HAS RECEIVED PAYMENT IN FULL. ANY USE PRIOR TO FULL PAYMENT WILL BE CONSIDERED AN UNAUTHORIZED USE. CLIENT AGREES THAT THE REASONABLE AND STIPULATED AMOUNT THAT WILL BE PAID TO PHOTOGRAPHER FOR USE PRIOR TO RECEIPT OF FULL PAYMENT WILL BE DOUBLE THE INVOICE TOTAL.
Adjustments of amounts or terms must be requested within ten days of invoice receipt. You can purchase the photographs featured on this web site. If you decide to purchase a photograph, you may not reproduce, display, transmit, distribute or otherwise exploit the picture, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Photography by Paul Smith.
Photographs are intended for your personal use only. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any picture, including without limitation, adding other material to a photograph, without Photography by Paul Smith's prior written consent.
In addition, you may not reverse engineer, de-compile, or otherwise disassemble software on this web site.
THIS AGREEMENT "Agreement" is entered into by and between Photography by Paul Smith and any individual, corporation, association, agency, company, or other entity that accesses or uses the Photography by Paul Smith website (the "User" or "you"). Photography by Paul Smith, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to give you information about our services.
Photography by Paul Smith is owned and operated by Sportsman Fishing Adventures Ltd. Photography by Paul Smith contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users.
1. User Rights and Responsibilities
1.1 Access to the Photography by Paul Smith
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access Photography by Paul Smith and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing Photography by Paul Smith.
You agree to access and use Photography by Paul Smith only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to:
(i) your use of Photography by Paul Smith, including any Interactive Area,
(ii) the use of any networks or other services connected to Photography by Paul Smith, and
(iii) the communications means by which you connect your modem, computer, or other equipment to Photography by Paul Smith.
By accessing Photography by Paul Smith, you agree that you will not:
(1) Restrict or inhibit any other user from using and enjoying the Interactive Features;
(2) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national, or international law;
(3) Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) Post or transmit any information, software or other material which contains a virus or other harmful component;
(5) Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access Photography by Paul Smith;
(6) Disrupt the normal flow of communication in an Interactive Area;
(7) Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) Violate any operating rule, policy or guideline of your Internet access provider or online service.
2.Intellectual Property Rights
2.1 Photography by Paul Smith Content
(a) You acknowledge that Content on Photography by Paul Smith is generally provided by Photography by Paul Smith, individual contributors of Content ("Contributors"), third party licensees, and/or other Users. You acknowledge that Photography by Paul Smith permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that Photography by Paul Smith owns a copyright in the "look and feel," i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part. You acknowledge that Photography by Paul Smith, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through Photography by Paul Smith only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on Photography by Paul Smith, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Photography by Paul Smith the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content.
You also permit Photography by Paul Smith to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that Photography by Paul Smith may include various interactive areas ("Interactive Areas"), including but not limited to Blogs and Message Boards. These Interactive Areas allow feedback to Photography by Paul Smith and real-time interaction between users. You further understand that Photography by Paul Smith does not control the messages, information, or files delivered to such Interactive Areas and that Photography by Paul Smith may offer you and other Users the capability of creating and managing an Interactive Area.
However, neither Photography by Paul Smith, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that Photography by Paul Smith cannot, and does not intend to, screen communications in advance.
Moreover, because Photography by Paul Smith encourages open and candid communication in the Interactive Areas, Photography by Paul Smith. cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. Photography by Paul Smith is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area.
Notwithstanding the above, you agree that Photography by Paul Smith has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, Photography by Paul Smith may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content.
Photography by Paul Smith reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to:
(i) violate the then-standard provisions of this Agreement or any other standard, written Photography by Paul Smith policy in effect at that time,
(ii) be harmful to the rights of any User, Photography by Paul Smith, or other third parties,
(iii) violate applicable law, or
(iv) be otherwise objectionable.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of Photography by Paul Smith in operating Photography by Paul Smith, or any change in Content, is for you to discontinue accessing Photography by Paul Smith. Photography by Paul Smith may terminate or temporarily suspend your access to all or any part of Photography by Paul Smith, without notice, for conduct that Photography by Paul Smith believes is a violation of this Agreement or any policies or guidelines posted by Photography by Paul Smith, or for other conduct which Photography by Paul Smith believes, in its sole discretion, is harmful to Photography by Paul Smith or other Users.
Photography by Paul Smith may discontinue operating Photography by Paul Smith and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access Photography by Paul Smith, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from Photography by Paul Smith, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
You understand that except for Content, products or services expressly available at Photography by Paul Smith, neither Photography by Paul Smith, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from Photography by Paul Smith.
All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of Photography by Paul Smith or controlled by Photography by Paul Smith. Photography by Paul Smith neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from Photography by Paul Smith, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk.
Neither Photography by Paul Smith, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from Photography by Paul Smith or your inability to access the Internet or any site linked to or from Photography by Paul Smith.
5.2 Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions expressed on Photography by Paul Smith. It is the policy of Photography by Paul Smith not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party.
YOU EXPRESSLY AGREE THAT YOUR USE OF PHOTOGRAPHY BY PAUL SMITH IS AT YOUR SOLE RISK. NEITHER PHOTOGRAPHY BY PAUL SMITH NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT PHOTOGRAPHY BY PAUL SMITH OR ANY INTERNET SITE LINKED TO OR FROM PHOTOGRAPHY BY PAUL SMITH WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PHOTOGRAPHY BY PAUL SMITH OR ANY INTERNET SITE LINKED TO OR FROM PHOTOGRAPHY BY PAUL SMITH OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH PHOTOGRAPHY BY PAUL SMITH OR ANY SITE LINKED TO OR FROM PHOTOGRAPHY BY PAUL SMITH. PHOTOGRAPHY BY PAUL SMITH IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PHOTOGRAPHY BY PAUL SMITH, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, PHOTOGRAPHY BY PAUL SMITH, OR ANY INTERNET SITE LINKED TO OR FROM PHOTOGRAPHY BY PAUL SMITH, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS. UNDER NO CIRCUMSTANCES SHALL PHOTOGRAPHY BY PAUL SMITH, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN PHOTOGRAPHY BY PAUL SMITH OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM PHOTOGRAPHY BY PAUL SMITH. THE CONTENT WITHIN PHOTOGRAPHY BY PAUL SMITH AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM PHOTOGRAPHY BY PAUL SMITH MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF PHOTOGRAPHY BY PAUL SMITH AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. PHOTOGRAPHY BY PAUL SMITH AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PHOTOGRAPHY BY PAUL SMITH IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY PHOTOGRAPHY BY PAUL SMITH SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF PHOTOGRAPHY BY PAUL SMITH, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PHOTOGRAPHY BY PAUL SMITH.
You agree to indemnify and hold Photography by Paul Smith, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of Photography by Paul Smith or any Internet site linked to or from Photography by Paul Smith, or in connection with the transmission of any Content on Photography by Paul Smith.
This Agreement comprises the entire agreement between Photography by Paul Smith and you, and supersedes any prior agreements with respect to the subject matter herein. Photography by Paul Smith may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on Photography by Paul Smith.
You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing Photography by Paul Smith. Your continued accessing and use of Photography by Paul Smith following notice of any such revision shall conclusively be deemed acceptance of all such revisions.
The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of Photography by Paul Smith to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
This Agreement shall be governed by the laws of the province of British Columbia, Canada, excluding its conflict of laws rules, and you and Photography by Paul Smith each submit to the exclusive jurisdiction of the courts of British Columbia, Canada. This Agreement is personal to you and you may not assign your rights or obligations there under to anyone.
All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from Photography by Paul Smith have been done strictly for clarification and identification and does not constitute endorsement by Photography by Paul Smith of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of Photography by Paul Smith by such trademark, service mark or link owner.