SmugMug Terms of Use

Welcome to SmugMug! 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 smugmug.com are very important.

SmugMug, Inc., the owner and operator of smugmug.com, and its affiliates and suppliers (collectively "SmugMug") provide their media hosting and related services (the "Services") to you subject to the following conditions. If you visit or purchase at smugmug.com, you accept these terms and conditions.

Subscriptions

SmugMug provides its media hosting services on an annual subscription basis. By subscribing to SmugMug, you agree to pay all charges to your account in accordance with the selected level of service, and the billing terms in effect when payment is due. From time to time, SmugMug may make introductory offers to allow you to try the hosting service without charge for a period of time. If you subscribe pursuant to such an offer, you agree to be automatically charged for your subscription at your level of service once your trial period expires, unless you terminate your account prior to 11:59 p.m. PST on the last day of your trial period. Your annual subscription period will begin once your introductory trial period ends. SmugMug reserves the right to modify or add additional fees and billing terms, upon prior notice to the member on our website. Information about SmugMug's current subscription services and fees is available at www.smugmug.com/price. SmugMug may change the Services it offers at any time.

Unless you terminate your account prior to the end of each annual period, your subscription will renew automatically, and the credit card designated on your account will be billed the applicable subscription fee for an additional one year term. Subscribers must keep their registered email addresses and other account information current, as SmugMug may send important notices, such as reminders about the end of the annual period, to that email account. If you decide to upgrade to a higher level of service, the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.

In connection with recurring billing for renewals or billing for upgrades, we may receive updated information about your account from the financial institution issuing your credit card. If we are unable to process your credit card payment, your account will be terminated at the end of its current term.

Termination

SmugMug agrees to terminate your account at any time upon notice from you, at help@smugmug.com. SmugMug may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at SmugMug's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, SmugMug, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that SmugMug deems appropriate to enforce its rights and pursue all available remedies.

Upon your termination of your account, you will not recieve a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to SmugMug on your account, you will be liable for all attorneys' and collection agency fees.

Privacy

SmugMug has established a Privacy Policy to explain to you how your information is collected and used. Your use of the SmugMug 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 SmugMug stores and processes your information on computers located in the United States, and by providing any data to SmugMug, you consent to the transfer of such information to the United States.

You acknowledge and agree that SmugMug 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 SmugMug, its employees, users and third parties, and the public.

Electronic Communications

When you visit smugmug.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 SmugMug, 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. SmugMug's selection, coordination and arrangement of all content on this site is the exclusive property of SmugMug, 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 SmugMug or its software suppliers and is protected by United States and international copyright laws.

License and Site Access

SmugMug 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 SmugMug, Inc. 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 SmugMug, Inc. Any unauthorized use terminates the permission or license granted by SmugMug.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to SmugMug pages so long as the links do not portray SmugMug or its suppliers or their products or services in a false or misleading manner.

Account Security

If you subscribe to SmugMug's hosting service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify SmugMug of any unauthorized use of your account or any other breach of security known to you.

SmugMug uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the SmugMug website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing our site.

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." SmugMug reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.

License Granted by Users

SmugMug does not claim ownership in the photographs, videos or other media created or uploaded by Subscribers ("Media"). SmugMug will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the SmugMug site, you grant SmugMug a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.

You represent and warrant that you own or otherwise control all of the rights to the Content (including without limitation Media) that you post; that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify SmugMug for all claims resulting from Content you supply. SmugMug has the right but not the obligation to monitor and edit or remove any activity or Content. You understand and agree that SmugMug takes no responsibility and assumes no liability for any Content posted by you or any third party.

Notice for Professional Account holders: Uploading more than 500 photographs of participants in a single sporting event may require a License from PhotoCrazy, Inc. To avoid patent infringement, please contact:
PhotoCrazy, Inc.
Attn: Peter Wolf
509 Raindance Street
Thousand Oaks, California 91360-1219
Email: peter@photocrazy.com

Copyright Complaints

SmugMug 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 SmugMug's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at copyrightagent@smugmug.com or Copyright Agent, SmugMug, 3347 Shady Spring, Mountain View, CA 94040. 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 SmugMug 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.

SmugMug's Agent will forward this information to the alleged infringer.

Nudity

SmugMug must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other Media portraying explicit nudity that would be unacceptable in a public museum where minors visit, for example. If your photos would only be suited for adult sites, adult magazines, or R-rated movies, they are not suitable for SmugMug.

Judgement of suitable Media is the sole discretion of SmugMug, and SmugMug reserves the right to delete any photographs or other Media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other Media violating this policy.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY SmugMug ON AN "AS IS" AND "AS AVAILABLE" BASIS. SmugMug 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, SmugMug 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 SmugMug ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL SmugMug BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE SmugMug WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SmugMug WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE SmugMug WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SmugMug WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SmugMug 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 SmugMug, 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 SmugMug harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on SmugMug.

Applicable Law

By visiting smugmug.com, you agree that the laws of the State of California, 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 SmugMug.

Merger or Acquisition

It is possible that as we continue to develop our website and our business, SmugMug'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 SmugMug 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 smugmug.com or to products you purchase through smugmug.com shall be submitted to confidential arbitration in Mountain View, California, except that, to the extent you have in any manner violated or threatened to violate SmugMug's intellectual property rights, SmugMug may seek injunctive or other appropriate relief in any state or federal court in the state of California, 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, Modifications 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: (1) discontinue use of SmugMug and (2) terminate your SmugMug subscription help@smugmug.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.