Terms and Conditions

Please read these terms and conditions carefully before using this website; they govern your use of this site. Using this website indicates that you accept these terms and conditions. If you do not accept these terms and conditions ("terms"), do not use this website. By agreeing to these terms and conditions you are also, where applicable, agreeing to be bound by our Licence Agreement which governs the granting of the right, under licence, to use the images available on this website - Licence Agreement. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.

1. Terms and Conditions of Use

These terms constitute a legal agreement between you and Thomas Smith (“Thomas Smith” "Thomas Smith Creative" "we" or "our"). Please read this agreement ("agreement") in its entirety, and in conjunction with our Licence Agreement, before you continue to use this website or download any image and/or product. If you do not agree, discontinue using the site.

2. Ownership of Our Website.

This website is owned and operated by Thomas Smith. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("content"), is owned by Thomas Smith, its content providers or other relevant third parties.

3. Protection of Intellectual Property. 

All elements of Thomas Smith's website, including, but not limited to the general design and the content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Thomas Smith, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Thomas Smith or its content providers or other relevant third parties unless otherwise expressly agreed.

“Thomas Smith Creative” should be read as meaning Thomas Smith.

4. Indemnification for Breach. 

You agree to indemnify Thomas Smith against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorised use of the content and related rights.

5. Permitted use of Content on this website. 

Images, other than Proof Images, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Our Licence Agreement governs the granting of the right, under licence, to use the images available on this website. Please refer to our Licence Agreement for further details.

Proof Images may only be used for your internal layouts for sample purposes or for proofing presentations to end clients. Thomas Smith's copyright notice and image identification reference which appear in the Proof Image file must remain with your digital copy of the image at all times. You will retain the copyright notice, the name of Thomas Smith and the respective artist, the respective RM or RF image ID and any other information or metadata that is embedded in the electronic file that comprises any image which you have downloaded from the website or otherwise received from Thomas Smith. Failure to maintain the integrity of the copyright information will constitute a breach of this agreement. Thomas Smith does not grant you any licence to use Proof Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, Thomas Smith grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Proof Images. Thomas Smith will only issue high resolution images for "Proofs" or layout purposes only after a separate agreement is entered into.

Images may be available to purchase as physical print products via this website. Print products are provided on a “to order” basis, produced by our preferred UK photographic print service provider, packaged using appropriate materials and delivered in a timely manner using appropriate postal service providers. In addition, a selection of images may be available as Authenticated Limited Edition prints; signed, numbered and accompanied by a Certificate of Authenticity. We use Hahnemühle’s Certificate of Authenticity and Hologram System, which is intended to protect the security and authenticity of limited edition art. Each certificate is made of premium deckle edged mould made paper with a Hahnemühle watermark and fluorescent security fibres. A pair of serialised numbered holograms accompany each certificate, one is used on the Certificate, the other on the reverse of the print. The holograms are tamper proof so once they are attached it is impossible to remove them without damaging them. The print/certificate is then registered online. This system ensures that you are receiving a genuine Limited Edition print. 

Multi-media content, such as illustrated articles, photo-books, etc., may only be used commercially once you have entered into a licence agreement and paid the relevant fee; or purchased as a digital download or physical print product for personal, non-commercial, use only.  

6. You may use our site only for lawful purposes. 

You may not use this website:

• In any way that breaches any applicable local, national or international law or regulation;

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of this agreement; and

• Not to access without authority, interfere with, damage or disrupt any part of our website.

7. Copyright infringement policy. 

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Thomas Smith has adopted a policy of terminating, in appropriate circumstances and at Thomas Smith's sole discretion, account holders who infringe the intellectual property rights of Thomas Smith or any third party.

8. Copyright complaints.

If you believe that any material on the Thomas Smith website infringes upon any copyright that you own or control, you may file a notification of such infringement via email as set forth below:

Contact: info@thomassmithcreative.com

Notification must include the following information:

• Your name, address, telephone number, and email address;

• A description of the copyrighted work that you claim has been infringed;

• The exact URL, Thomas Smith Image ID or a description of where the material is located;

• A statement by you that you have a good faith belief that the content you claim infringes your copyright interest was copied without your authorisation or that of the copyright owner or his/her/its agent; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf and that you do not wish the content to be displayed in the future on the Site. If you are authorised to act on behalf of the copyright owner, you must provide an electronic or physical signature.

9. Model and Property Releases.

Thomas Smith gives no representations or warranties whatsoever as to the existence of any release associated with the image.

Thomas Smith gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the image.

You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction of the image have been secured.

10. Communications. 

If you authorise us to send you promotional materials, we may do so using the email or postal address you provided on the registration or billing information pages. From time to time where we are entitled to do so we may notify you of special promotions, new products or services, or other information that may interest you.

Should you not wish to receive this type of information, you can unsubscribe at anytime via unsubscribe links or by informing us via email at info@thomassmithcreative.com. We will not send you information if you expressly inform us you do not wish to receive such materials.

11. Data Protection Disclaimer. 

Please note we may collect personal information about you. Our Privacy Policy sets out the basis on which we collect your personal information, what information we collect and how, and how we process your data.

12. About Cookies. 

When you visit the Thomas Smith website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Please see our Cookie Policy.

We do not use cookies to examine your website browsing behaviour before or after leaving the Thomas Smith website.

13. Disclaimers. 

This website and its content are provided "as is" and Thomas Smith excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose, the functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not Thomas Smith, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

Except as specifically stated in these terms, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither Thomas Smith nor its content providers, other representatives or other relevant third parties will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages.

There may be links to other websites from the Thomas Smith website; however, these other websites are not controlled by Thomas Smith and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Thomas Smith regarding the inclusion of links to outside websites or your use of those websites.

Thomas Smith uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability. If you have a complaint about inaccurate, misleading, defamatory, insulting, offensive, infringing or unlawful content please send a specific and detailed notice of infringement to info@thomas-smith.co.uk. We will respond within a reasonable time taking into account the circumstances of the complaint."

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

14. Governing Law and Jurisdiction. 

This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.

This agreement will not be governed by the United Nations convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.

We reserve the right to change these terms, the Privacy Policy, Cookie Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Thomas Smith and you relating to your use of this website.

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

15. Privacy Policy.

Version 1.0

We take your security and privacy very seriously and we aim to make your experience with us safe and problem free.

This site is owned by Thomas Smith (“Thomas Smith”, ”we" or "us"). Contact by email at info@thomassmithcreative.com. We are the 'data controller' of the personal information you provide to us. 

We are committed to protecting and respecting your privacy when visiting our website and providing us with your personal information and this privacy policy statement summarises what personal details we may collect from you before, during or after you use our site and what we will do with them. You can contact us via email at info@thomassmithcreative.com if you have any queries regarding this policy.

We will review and update this Privacy Policy from time to time and all changes will be posted to this page.

16. Security. 

Every time you buy from our site or register using your credit card number we ensure that your on-line credit and debit card transactions are secure by using industry-standard SSL (secure socket layer) encryption technology. All on-line credit and debit card transactions are securely processed via PayPal.

17. Our Privacy Policy. 

We are committed to protecting your personal privacy and, in accordance with relevant data protection laws, we uphold strict security procedures for the collection, storage, use and disclosure of your personal information. We have described below the personal information we may gather about you, the purposes we will hold it for and the limited categories of people to whom we may disclose it.

18. What information do we collect and how may we use it?

All website visitors: During your visit to our site, we will only collect personal information that you choose to provide, if for example you: contact us with an enquiry; register on the site; enter a competition or prize draw; request us to provide you with further information; post information to a public area of the site or take advantage of a promotion.

If you share other people's data with us, for example if you buy one of our products for someone else, you will need to check that person consents to you providing that information to us.

We may use the information held about you in the following ways:

• To administer any account you have with us;

• To perform our contractual obligations to you;

• To respond to your queries and requests;

• To communicate with you;

• To notify you of any changes to our services;

• To ensure that the content of our site is presented in the most effective manner;

• To provide you with the information, products and services requested from us;

• To provide you with helpful information about our products or services;

• To allow you to participate in interactive features of our service, should you choose to do so;

• To administer competition entries and to notify winners;

• Thomas Smith market research;

• To make improvements to the service we provide you;

We also reserve the right to disclose your personal information where we are required to do so by law, and to assist in any disputes, claims or investigations relating to your account or contract with us, and to detect and prevent fraudulent transactions.

We may also use information about your visits to our site to enhance your visit and to create a general demographic profile of visitors.

Email correspondence with Thomas Smith via our website and email addresses accessible through, or obtained from, this site may be recorded and/or monitored. By using these communication methods, you are consenting to the recording and/or monitoring of your emails.

Customers and registered users: When you register on the site we will ask for your name and your email address and a password. This enables us to send you information which you have indicated you wish to receive from us, as well as related communications which we think you will find of interest, such as email newsletters and updates on any special offers or events coming up on the site.

When you place orders with us we need to know your name, email address, invoice address, delivery address and telephone number. If the order is placed using a credit or debit card we also need the number and expiry date of the card. This allows us to process and fulfil your orders and to notify you of your order status. We may provide some or all of this information to our third party service providers for the purposes of completing a transaction with you or answering a question you raise with us. 

We also monitor the usage of our site and customer traffic patterns (including account activity, client galleries, orders and lightboxes, and mailing subscriptions) to help us improve the layout and functionality of the site and manage our customer relationships, via ‘cookies’. If you prefer, most web-browsers allow you to turn off the automatic acceptance of cookies on your digital device.

19. What if I don't want to receive any correspondence from you?

Where you have given your permission for us to use your data for particular purposes, or where we send you communications relating to Thomas Smith’s products and services, you can at any time unsubscribe via unsubscribe links or by informing us via email at info@thomassmithcreative.com. We will not send you information if you expressly inform us you do not wish to receive such materials.

20. Lightboxes

As lightboxes can be emailed out and viewed by clicking on the URL link, the information contained in them could be viewed, but not altered by someone other than yourself or an intended recipient.

21. Social Media

You may contact us or comment on our products and services through social media. The information we collect from social media and online sites sometimes includes personal information that has been put online and is publicly available. Please refer to the relevant social media sites for details of their own privacy policies on how they collect and share your personal data.

22. How do we store and protect your data?

We take the security of your information seriously and we will endeavour to ensure that the personal information you submit to us is kept private and secure, and held in accordance with relevant laws. We use appropriate technical and organisational measures to protect your personal information. We protect your personal information using security measures such as encryption, access controls and physical security measures.

We will not sell, rent or otherwise disclose the personal information you provide to us through the site to third parties (other than as listed below) unless we are required to do so by law.

23. Third parties who provide services on our behalf.

We share your personal information with certain third parties who provide services on our behalf. They only have access to the personal information they need to perform those services. They are required to keep your personal information secure and confidential and may only use it as permitted by us in accordance with this Privacy Policy.

The third parties who provide services on our behalf fall into the following categories:

• Photographic service providers;

• The service providers operating this site on our behalf;

• Social media platforms;

• Accountants, auditors, law firms, payment processors, information technology support providers;

• Advertising services, analytics services, content providers

The information we collect about you, is hosted and stored in the European Economic Area (EEA). By submitting your personal information to us, and by using our site, you agree to us transferring, storing and handling your personal information in this way.

24. How long do we store your data?

We will not keep your data for longer than is necessary for the relevant purposes set out in this Privacy Policy. Where you have purchased a product or service from us, we will hold your relevant personal details to enable us to provide after-sale services and to administer the contract.

25. Your Rights

Under the General Data Protection Regulation (GDPR) and The Data Protection Act 2018 (DPA) you have a number of rights with regard to your personal data.

You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability. Please note we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

26. Public Areas

Any information you post on any public areas of the site is accessible to and used by others and may result in unsolicited messages or other contact from others. You are advised to use caution when posting personal information about yourself in public areas of this site.

27. No data collected from children

Our site is not directed at children and should not be accessed by them. We will not knowingly collect information from minors without their parent's or guardian's consent.

28. Third Party Websites

From time to time our site may contain links to and from the websites of other third parties. If you visit any of these sites please note that they have their own privacy policies and you should check these before submitting any personal data. We cannot accept any responsibility or liability for these policies.

29. Cookie Policy

We explain what cookies are, how Thomas Smith uses them and how you can manage or remove them.

30. What are cookies?

A cookie is a small file stored on your device that is created each time you visit a website. Multiple cookies can be stored from one website and are used to make your online experience easier.

A cookie file is generated by the site you're browsing and is accepted and processed by your computer's browser software. The cookie file is stored in your browser's local folder or subfolder.

Cookies save your browsing information which means sites can keep you signed in, remember your site preferences, and give you locally relevant content.

31. What sort of cookies does the Thomas Smith website use?

Cookies help us improve your experience by providing us with information about how the website is being used. Our cookies do not store financial information or other personal information such as your name or email address. In addition to our own cookies, we use third party tools which also use cookies.

In addition to non-persistent cookies, which are strictly necessary for the delivery of the service provided by this website (e.g. shopping cart, authenticated login, etc.), this website may also use "tracking cookies" through third-party services. Such third-parties include embedded content providers, and tracking cookies might be required for the delivery of some content on this website. This website sets tracking cookies unless you decline them.

32. How do I control my cookies?

You can manage the cookies we store from you on our website through your internet browser settings at any time. For more information about how to do this, and about cookies in general, you can visit https://ico.org.uk/for-the-public/online/cookies/ and http://www.youronlinechoices.eu

Please be aware that if you turn off all cookies, your experience on our website will be impacted, some of the functionality will be reduced and your overall experience on our website will be diminished.

There is a notice on our website which provides a link to our cookie policy. If you continue to use the Thomas Smith website, we will assume your consent to the use of cookies for this purpose.

If, after reading this information you have any questions or concerns about our cookie policy please contact us at info@thomassmithcreative.com or read our privacy policy. Alternatively, if you feel uncomfortable with these cookies, use the above guidelines to turn them off.

33. Email Disclaimers.

Email disclaimer for Thomas Smith. The information contained in or attached to emails is intended only for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are not authorised to and must not disclose, copy, distribute, or retain any message or any part of it. If you have received an email in error, please contact the sender and delete the material from any computer.

We accept no liability for any loss or damage which may be caused by software viruses or interception/interruption of emails. The information contained or attached to an email may contain information which is confidential and/or covered by legal, professional or other privilege or other rules or laws with similar effect in other jurisdictions.

34. Thomas Smith.

Thomas Smith is an independent documentary photographer. Please contact Thomas Smith by email at info@thomassmithcreative.com.

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