Guide to the Terms of Use for Regular People | SmugMug

Guide to the Terms of Use for Regular People

Lawyer

Lawyer

Regular People

Regular People

This is the “thumbnail” summary.

You can find our complete, fascinating Terms of Use for SmugMug.com and all related services here. The Terms of Use are the legally binding contract between you and SmugMug and we encourage you to read them. Think of this overview as a "thumbnail." Like a photographic thumbnail, it gives you a low resolution view of the legal Terms of Use but, like any compression algorithm, it loses detail and does not give you the whole full picture. If there are any differences between this thumbnail and the original terms and conditions, the Terms of Use have the final say.

You still own your photos and videos when you upload them to SmugMug.

SmugMug doesn't claim any copyright or any other ownership rights to your photos, videos and other media.

When you upload your photos and videos to our website, you are giving SmugMug certain rights to use your content to provide you with our services, like the ability to display, license, and sell your content for you at your direction.

SmugMug can remove your content for any reason — especially if it's nasty or you filched it.

You're responsible for the content of all photos, videos or other media that you upload or share using our services. SmugMug may remove any of your content for any reason, including stuff that violates the Terms of Use, is porn, illegal, or disturbing.

Your account has security options, but...

You control the settings and passwords. It's your responsibility to set all privacy & security options of your SmugMug account the way you want them and to keep your passwords secure. They will determine the rights that other SmugMug users have to view, download and buy your photos and videos.

We work hard to keep our storage safe, but...

We are not responsible if the unthinkable happens and your content is lost. We cannot guarantee that your content will at all times be available on the SmugMug website or that your photos and videos are secure from unauthorized access, loss or deletion.

We use third parties to help us run SmugMug.

For example, your photos and videos are stored at Amazon Web Services, the gold standard in online storage. Physical products are printed at labs such as Bay Photo, Loxley, WHCC and EZPrints. By using SmugMug, you recognize that your relationship with any third party is subject to their terms of service — not ours.

Your subscription to SmugMug automatically renews.

If you purchase a subscription to the SmugMug website and services, you are responsible for all subscription fees associated with the subscription plan you purchase. Your subscription to SmugMug will automatically renew unless you choose to cancel your subscription.

If you participate in SmugMug Pro's profit-sharing program, additional terms apply.

If you are a "SmugMug Pro" subscriber, you may qualify to participate in our profit-sharing program, which allows you to earn commissions based on the sale of your photos or videos. In order to participate in this program, you must provide SmugMug with certain tax information and other payment information relating to you or your photography business.

SmugMug can always change our Terms of Use.

We may change the Terms of Use at any time by posting an updated version to SmugMug.com. It is your responsibility to check SmugMug.com for any changes to our Terms of Use. If you have any questions regarding the Terms of Use, please contact us at help@smugmug.com. By the way, we might not update this summary every time we change the Terms of Use, so don't look here for changes.

If you have a problem with the service, don't count on getting your day in court.

By using our service, you are agreeing to resolve certain disputes or claims through arbitration, rather than in court. Please read the Terms of Use to understand your rights regarding this important issue!

We adore photos and videos and know you do too!

It's why we made SmugMug and pour our hearts into it, and why it kills us to write terms that sound so, ahem, rude. How do you say "we're not responsible" without sounding irresponsible? It's just that no matter how secure we try to make our systems, even the very best software isn't bulletproof.

Chris & Don MacAskill
Founders, photographers, regular guys.