Welcome to the website of Smotrow Related (“Smotrow Related,” “we” or “our” or “us”). The Smotrow Related website provides the user (“you” or “user”) with licensing options for the use of certain rights for graphic elements (“Works”) from a curated catalog of content suppliers.
– The Service may contain links to third-party websites that are not endorsed, owned or controlled by Smotrow Related. Smotrow Related does not monitor or review the content of any third-party websites. Smotrow Related has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Smotrow Related will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly release Smotrow Related from any and all liability arising from your use of any third-party website. You should evaluate the security and trustworthiness of any other website connected to the Smotrow Related website or accessed through this site yourself, before disclosing any personal information to them.
– The availability of Content to view will change from time to time and from location to location. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location and the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
– The Content on the Service, and the trademarks, service marks, and logos on the Service, are owned by or licensed to Smotrow Related, subject to copyright and other intellectual property rights under the law.
– You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
– You agree that you will log each use of a Works in your user account. Logging a use creates an individual license agreement. Without an individual license agreement the use is invalid.
4. Limitation of Liability.
IN NO EVENT SHALL SMOTROW RELATED, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SMOTROW RELATED SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT OR CIRCUMSTANCE SHALL SMOTROW RELATED CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO SMOTROW RELATED PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
5. Communication Preferences.
By using the Service, you consent to receiving electronic communications from Smotrow Related relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Service or in your account, and will include notices about your account and are part of your relationship with Smotrow Related. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You also consent to receiving certain other communications from us, such as newsletters about new Smotrow Related features and content, special offers, and promotional announcements via email or other methods.
7. Force Majeure.
Except for the payment of license-related fees, each party will be excused from any failure or delay caused by or the result of causes beyond its reasonable control and could not have been avoided or corrected through the exercise of reasonable diligence, including, but not limited to, acts of God, fire, flood, earthquake, hurricane or other natural catastrophe, terrorist actions, laws, orders, regulations, directions or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, national emergency, civil unrest, insurrection, riot or war, labor strikes not involving either party’s employees, general failure of telecommunication or digital transmission links, general failure of the Internet, failure of any third party operating systems, platforms, applications or networks not under reasonable control of Smotrow Related, or other similar occurrence.