By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on SmartPhoto LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • Modify or copy the materials;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any software contained on SmartPhoto LLC's web site;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by SmartPhoto LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on SmartPhoto LLC's web site are provided "as is.” SmartPhoto LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SmartPhoto LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Copyright Infringement

SmartPhoto LLC respects the intellectual property of others, and we ask users of our web site to do the same.  In accordance with the Digital Millennium Copyright Act (DMCA) of 1998 and other applicable law, we have a policy of terminating, in appropriate circumstances, and at our sole discretion, users or subscribers who are deemed to be repeat copyright infringers.  We may also at our sole discretion, limit and/or terminate the login credentials and access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The Designated Agent of SmartPhoto LLC to which copyright infringement notification should be sent:

Service Provider: SmartPhoto LLC
Address:  7500 College Blvd., Suite 500, Overland Park, Kansas 66210
Name of Agent Designated to Receive Notification:  Gene Lastorino
Telephone Number of Designated Agent:  913-884-1145 ext. 101
Facsimile Number of Designated Agent:  913-884-1145

The proper form for any notice of claimed copyright infringement must include: A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
  • Identification of the copyrighted work or works claimed to have been infringed;
  • Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed;
  • Information reasonable sufficient to permit the service provider to contact the complaining party (e.g.; the address, telephone number, or e-mail address);
  • A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
  • A statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
  • 17 U.S.C. § 512(c)(3)(B) states that if a complaining party does not substantially comply with these requirements, its notice will not serve as “actual notice” for the purpose of Section 512.

Once SmartPhoto has verified that a copyright notification substantially meets the above formal requirements, we will: Expeditiously remove or disable access to the material that is claimed to be infringing;

  • Expeditiously remove or disable access to the material that is claimed to be infringing;
  • Notify the user or subscriber that the material has been removed so that they may file a counter-notice should they wish;
  • If proper counter-notice is provided, notify the copyright holder and provide a copy of that counter-notice;
  • If proper counter-notice is provided and if the copyright holder does not file suit within 10 business days, restore the removed material.

All text, photos, audio, video, graphics, interfaces, trade names, trademarks, logos, artwork, presentations in any format, and other Content including but not limited to the design, look, “visual feel” and arrangement of such Content is owned and controlled by SmartPhoto LLC and is protected by copyright and trademark laws, and other intellectual property rights and unfair competition laws.  SmartPhoto and its associated logo, page headers, graphics, colors, buttons and other icons are trademarks and trade dress of SmartPhoto. 

Except as expressly provided in the Use License, no part of this web site and no Content may be copied, reproduced, posted, publicly displayed, translated, transmitted in any way to another computer, server, web site or other medium for publication or distribution or for any other commercial enterprise without SmartPhoto’s prior written consent.

Limitations

In no event shall SmartPhoto LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on SmartPhoto LLC's Internet site, even if SmartPhoto LLC or a SmartPhoto LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on SmartPhoto LLC's web site could include technical, typographical, or photographic errors. SmartPhoto LLC does not warrant that any of the materials on its web site are accurate, complete, or current. SmartPhoto LLC may make changes to the materials contained on its web site at any time without notice. SmartPhoto LLC does not, however, make any commitment to update the materials.

Links

SmartPhoto LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SmartPhoto LLC of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

SmartPhoto LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to SmartPhoto LLC's web site shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions.