If you subscribe to any services offered through this web site, you also will be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such services, which will be brought to your attention at that time.
We do not guarantee that access to or use of this web site or any services will be uninterrupted or error free, and SMART Photography shall not be liable for any feature not being accessible or for any unavailability of its web site and services. The web site and its features may be expanded, limited or modified at any time by SMART Photography to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the web site, without notice. To access some of the content or features of the web site or its services, Users may need to enhance or update the hardware or software in their computer systems. SMART Photography assumes no responsibility for any failure to access the web site or any services, partially or fully, whether due to the User’s system, the Internet network or any other cause.
We make no guarantees as to the accuracy, thoroughness or quality of the information on this web site, which is provided only on an "AS-IS" and "AS AVAILABLE" basis at User’s sole risk. SMART Photography shall not be responsible or liable for any errors, omissions or inaccuracies in the web site content. The information and investment strategies provided at this site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal or business purpose. The web site content and services may be modified at any time by us, without advance notice or reason, and SMART Photography shall have no obligation to notify you of any corrections or changes to any web site content.
We grant you a limited personal use license to access, display, download, format and print portions of this web site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact.
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this web site by third parties ("Third Party Content") are solely those of their respective providers and not of SMART Photography which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and SMART Photography shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
By posting or submitting any material, you will be (a) granting SMART Photography a world-wide fully paid-up non-exclusive license to allow your materials to be edited and displayed by SMART Photography on its web site, and accessed by Users, for the purposes and on the terms in these TOU, (b) agreeing to indemnify and hold harmless SMART Photography and its Users from any claim or demand made by any third party due to or arising out of your materials, and © representing that you own or otherwise have the right to post the materials, that the materials are accurate, that use of the materials on the SMART Photography web site does not violate any laws, and that the materials will not cause injury to any person. SMART Photography shall have the right to use your name in connection with your posted materials.
SMART Photography does not guarantee that files available for downloading through its web site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
As a convenience to Users, SMART Photography web site and services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, SMART Photography shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by SMART Photography of the linked web sites, resources, their operators or owners. When you select a link, you may be leaving our web site. The information available on third parties’ web sites may have certain restrictions on its use or distribution which differ from these TOU.
Some areas of SMART Photography site ("Password Protected Areas") are password protected and available only to Users who are registered with SMART Photography to have an account. Registration requires Users to fully complete the account registration process. SMART Photography reserves the right to deny or revoke registration or access to Password Protected Areas for any User. SMART Photography takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from SMART Photography and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. SMART Photography will not be liable for any loss or liability incurred as a result of an unauthorized person using a User’s password.
The following activities are strictly prohibited:
SMART Photography web site and its content are protected by copyright, trade mark and other proprietary laws. See our Copyright Notice.
SMART Photography DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
IN NO EVENT WILL SMART Photography BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF SMART Photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS SMART Photography’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
These TOU, and any applicable TOS, constitute the entire agreement between each User and SMART Photography governing the User’s access to and use of the web site and its services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the Province of Alberta, Canada without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the Province of Alberta, Canada. The failure by a User or SMART Photography to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. It is the express will of SMART Photography and each User that the TOU and any applicable TOS have been prepared in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.