Welcome to LotsaSmiles Photography!
These terms and conditions outline the rules and regulations for the use of www.lotsasmilesphoto.com. By accessing this website you accept these terms and conditions in full. Do not continue to use this website if you do not accept all of the terms and conditions stated on this page.
Scope: These Conditions apply to any image, graphics, digital assets, digital images, stories, copy, and text (collectively known as “CONTENT”) created or taken by the Artist (Brianna Shade, the sole owner of LotsaSmiles Photography and this website) and viewed by or delivered to you (the Client).
License: Unless otherwise stated, LotsaSmiles Photography owns the intellectual property rights for all material on www.lotsasmilesphoto.com. All intellectual property rights are reserved. You agree to not reproduce, distribute, or claim as your own any Content on this website. Images purchased from the Artist are for personal use only and may not be resold in any format or derivative, unless otherwise permitted in the terms of the license under which the Content was purchased. Content used for any purpose must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Content may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and you will be responsible to the Artist for any penalties and awards available under that statute.
Delivery: For Images sold through this website, the Artist may select delivery of photographs in JPEG, TIFF, PNG, or other standard formats at a resolution that Artist determines will be suitable for the Images. Standard-quality digital downloads will be provided in JPEG format at 72 dpi and limited to file sizes no larger than 200KB. High-quality digital downloads will be provided in JPEG format at 300 dpi and with file sizes at least 2MB. RAW-format Images will not be provided, and the Artist is under no obligation to do so. LotsaSmiles Photography reserves the right to adjust these values without notice but agrees to update this document within seven (7) business days of such a change.
Stock Images and physical prints are sold through third parties (Picfair and Fotomoto, respectively), and are additionally subject to the terms and conditions of those websites. Images delivered through those sites will be provided or printed as High-quality as defined above.
It is the Client’s responsibility to verify that the Images are suitable for their use and that if the Images are not deemed suitable, to notify the Artist within five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages. Client understands that higher resolution Images may incur additional fees. Unless otherwise explicitly stated, Artist is not responsible for providing Images 1) larger than at 300 dpi, 2) in a format higher than 8-bit or in RAW format, or 3) in a format other than described by the webpage upon which the Images are sold. Artist has no obligation to retain or archive any Images delivered to Client.
Refunds: You understand that due to the nature of a digital delivery, no refunds will be made on purchases once a transaction is complete. The Artist will attempt to resolve any disputes and may choose to do so with replacement Images, but is under no obligation to do so. Prints purchased through Fotomoto (physical) or Picfair (stock) are subject to those sites’ refund policies, and LotsaSmiles Photography cannot be held liable for lost or damaged Images.
User Comments: Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data (“Comments”). LotsaSmiles Photography does not screen or review all Comments prior to their appearance on the website, and they are unedited and reflect the original words of the commenter. Comments do not reflect the views or opinions of LotsaSmiles Photography (unless posted directly by the Artist), its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws LotsaSmiles Photography shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
LotsaSmiles Photography reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on this website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to LotsaSmiles Photography a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to website Content: You may link to the LotsaSmiles Photography home page or to any other webpage on this site so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; (c) fits within the context of the linking party’s site; and (d) is accurately attributed to the Artist.
No use of LotsaSmiles Photography’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Iframes: Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of this Web site.
Reservation of Rights: The Artist reserves the right at any time and at their sole discretion to request that you remove all links or any particular link to this website. You agree to immediately remove all links to this website upon such request. The Artist also
reserves the right to amend these terms and conditions and its linking policy at any time.
By continuing to link to this website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from www.lotsasmilesphoto.com: If you find any link on this website or any linked website objectionable for any reason, you may contact the Artist about this. LotsaSmiles Photography will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Content Liability: While the Artist endeavors to ensure that the information on this website is correct, LotsaSmiles Photography does not warrant its completeness or accuracy; nor does it commit to ensuring that the website remains available or that the material on the website is kept up to date.
Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client’s responsibility to obtain any necessary model or property releases are ensure they are full effect and in force.
General Law/Arbitration: These conditions shall be governed, interpreted and enforced in accordance with the laws of the State of Oregon. Any claim or litigation arising out of these conditions or their performance may be commenced only in courts physically located in Multnomah County, Oregon, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to these conditions, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in these conditions are found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of these terms and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in these conditions.