Terms of Use

Our Terms of Use

Use of this site signifies your agreement with the following terms of use. If you do not agree with any of these terms of use, please do not use this site. LeeSmithPhotos.com  reserves the right, in its sole discretion, to modify these Terms of Use at any time and you agree to be bound by such modifications through your use of the Company’s site.

This Agreement shall be interpreted, construed and governed by the laws of the State of Florida, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Florida in Dade-Broward County (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Lee Smith or (Smitty’s Holdings, Inc.)  shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunction or other relief in the event that, in the opinion of Lee Smith Photography, such action is necessary or desirable.

No action of Lee Smith Photography, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Attention! Our editors have the right to make any changes in the title, description or keywords and to change its location – move it to another category or subcategory.

Copyrights/Trademarks/Restrictions on Use
The entire content included in this site, including but not limited to text, images, photos or custom code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Lee Smith. The collective work includes works that are licensed to Lee Smith. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lee Smith or Smitty’s Holdings, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site. You can purchase images for print or for any other use of Lee Smith images must be requested in writing to determine if a license is required .

All of the pages and screens on the Site are owned and controlled by Lee Smith Photos or Smitty’s Holdings, Inc., except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on this Site include, but are not limited to, the text, design,  images, graphics,  and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or for non-business purposes only . You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without Lee Smith Photos or Smitty’s Holdings, Inc. prior written consent. Other featured photographs or videos used on the Site to identify the source of goods and services are trademarks and service marks owned by Lee Smith Photos or Smitty’s Holdings, Inc. or owned by third parties. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. You may not use any of the Lee Smith Photos copyrights or trademarks as a link to the Site except pursuant to a written trademark license agreement.

The Site may contain links to Web sites controlled or offered by third parties (non-affiliates of Lee Smith Photos). Lee Smith Photos hereby disclaims liability for any other company’s Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Lee Smith Photos. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.

Registration Information
In registering for an account, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens. As a convenience to you, a profile for you and/or your business may be created based on the registration information that you provide. This profile and any registration information you provide will be protected as described in our Privacy Policy.

Disclaimer
THE SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER LEE SMITH PHOTOS OR SMITTY’S HOLDINGS, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. LEE SMITH PHOTOS OR SMITTY’S HOLDINGS, INC. DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT LEE SMITH PHOTOS OR SMITTY’S HOLDINGS, INC. IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LEE SMITH PHOTOS OR SMITTY’S HOLDINGS, INC. WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM

General
Lee Smith Photos or Smitty’s Holdings, Inc. reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the Terms of Use link on the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

Lee Smith Photos or Smitty’s Holdings, Inc. reserves the right to modify or terminate the Services and the Site, in whole or in part, at any time. These Terms of Use constitute a contract between you and Lee Smith Photos governed by the laws of the Florida.

Privacy
We understand the need to safeguard your information and records from unauthorized use and disclosure. Please see our privacy policy.

Indemnification
You agree to defend, indemnify and hold harmless Lee Smith Photos or Smitty’s Holdings, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable.

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