Date of Last Revision: June 25, 2021
Effective Date: December 1, 2025
SmartAlbums Inc. (formerly known as Pixellu LLC, or “Pixellu”) and its affiliates and subsidiaries (the foregoing collectively "SmartAlbums", "we", "us", or "our") provide products and services to assist photographers in producing high-quality, lasting keepsakes of important events and memories for their clients. These products and services include SmartAlbums website, SmartAlbums® software, SmartSlides®, SmartGalleries (formerly known as Pixellu Galleries), and Cloud Proofing service, and related products and services for SmartAlbums Print-Lab Users including SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on, as well as any other products, downloadable software, online services, and applications offered by SmartAlbums as of the Effective Date and in the future (collectively, the “Services”). The Services also specifically include any and all sound recordings made available for use by you as part of SmartAlbums SmartSlides® Software. Included in the Services are opportunities for users to influence and prioritize the refinement and enhancement of the functionality, performance, and features of existing Services and the design and development of future versions of the Services or altogether new products and services.
The Services are provided and made available subject to the terms and conditions contained in these Terms of Service (the “Terms”), which includes the End User License Agreement for SmartAlbums Software (see Section III below), as amended or revised from time to time, including through the incorporation of terms of instruments or addenda, without limitation. Section titles in these Terms are for convenience only and have no legal effect.
Binding Agreement. These Terms constitute a binding agreement between you and SmartAlbums. “You/you” and “Users” shall mean all visitors and users of any, or all of, the Services, including User Clients. “User Client” or “Client” means any customers of a SmartAlbums User that are also being granted access to content in relation to SmartAlbums Services. “Users” expressly includes, but is not limited to, Third-Party Print-Labs (“Print-Labs”), and employees, contractors, affiliates of such Print-Labs, that are subject to a Lab Integration Agreement with SmartAlbums granting access to the Services, whether the Services are accessed through SmartAlbums directly or through Print-Lab’s website. Users also includes photographer-customers of any Print-Lab User that are granted access to the Services. User Client also includes any customer of a Print-Lab User that is granted access to the Services.
All Users (including Third-Party Print-Lab Users, Clients, and Client customers). All Users must create a SmartAlbums Account and must read and agree to these Terms. By accessing, using, downloading, browsing, or otherwise using any of the Services, including placing any order, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. Print-Lab Users and User Clients also agree to and are bound by such Print-Lab’s terms and conditions of service relating to Print-Lab services, and further agree that Print-Lab shall bear sole liability financial responsibility for Print-Lab services as set forth therein. You agree SmartAlbums shall bear no financial responsibility for Print-Lab order fulfillment or Print-Lab order quality issues.
Eligibility. By using the Services, you represent and warrant that you are at least 18 years of age and have reviewed and now consent to the Terms. If you are under 18 years of age, then you affirm that you possess the legal consent and supervision of your parent or guardian to access and use the Services. No one under the age of 16 is permitted to use the Services.
Additional Terms. We may require users to agree to additional, revised, or amended terms, rules, policies, guidelines, or other conditions of use (collectively, “Additional Terms”) in order to use particular products, services, and/or features, to license certain products available through the Services, and/or to receive or use some Services that we may offer from time to time. If there is any conflict between Additional Terms and these Terms, the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
Revisions to Terms. Revisions, amendments, or addenda to these Terms become effective at the time of posting, unless a later effective date is specified. You can determine when these Terms were last revised by referring to the “Effective Date” at the top and/or bottom of these Terms. You should visit this page periodically to review the most current Terms, as your continued use of the Services after a change to these Terms constitutes your binding acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease using the Services.
Changes to the Services. SmartAlbums reserves the right to make improvements and/or changes in the Services at any time, at our sole discretion and with or without notice. You agree that we are not liable to you or to any third party in any way for any modification, suspension, or discontinuance of all or some of the Services. SmartAlbums may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction that SmartAlbums chooses, from time to time, and in our sole discretion.
Privacy Policy. SmartAlbums’ Privacy Policy (https://www.pixellu.com/privacy/), any revisions or amendments thereto that might be made from time to time, is incorporated by reference into these Terms.
Data Processing Addendum. SmartAlbums’ Data Processing Addendum (“DPA”), and any revisions or amendments thereto that might be made from time to time, is incorporated by reference into these Terms.
Permission to Use the Services. We grant you permission to use the Services subject to the restrictions in these Terms. Your use of the Services is at your own risk.
Proprietary Rights. The Services contain material including, but not limited to, software, computer code, designs, text, graphics, animation, images, video, audio files, sound recordings including but not limited to certain Master Recordings and Compositions for SmartSlides®, information, logos, button icons, and other content (collectively, the “SmartAlbums Content”). We may own the SmartAlbums Content or portions of the SmartAlbums Content may be made available to us through arrangements, including binding license agreements, with third parties. All SmartAlbums Content and the compilation (meaning the collection, arrangement, and assembly) of all SmartAlbums Content are protected by United States and foreign intellectual property laws. Unauthorized use of the Services, SmartAlbums Content or third party content may result in violation of copyright, trademark, trade dress, patent, and/or other rights and laws, and such violations may cause damage to both SmartAlbums and to third parties (including those with whom SmartAlbums has business arrangements for use of the Content in connection with the Services). Violations of the aforementioned rights and laws may cause significant and irreparable damage to SmartAlbums. Except as expressly authorized in writing by SmartAlbums or expressly permitted by these Terms, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, market, advertise, distribute, or create derivative works based (whether in whole or in part) on the Services or the SmartAlbums Content, in whole or in part.
Trademarks. The trademarks, service marks, and logos of Pixellu LLC and/or SmartAlbums (collectively, the “SmartAlbums Trademarks”) used and displayed on the Services, including but not limited to SmartAlbums®, SmartGalleries, Cloud Proofing, SmartSlides®, SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on, and Album Proofing Add-on, are registered and unregistered trademarks or service marks of SmartAlbums. Other company, product, and service names used and displayed on the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and collectively with the SmartAlbums Trademarks, the “Trademarks”). Nothing on the Services or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the prior written consent of the Trademark owner for each such use. The Trademarks may not be used to disparage SmartAlbums or the applicable third-party owner, any products or services of SmartAlbums or applicable third parties, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. SmartAlbums reserves all rights not expressly granted herein.
Limited License to You. Subject to these Terms, and subject to the End User License Agreement for SmartAlbums Software below as applicable, SmartAlbums hereby grants to you a single-user, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services and SmartAlbums Content solely as made available by us and solely for the purposes permitted by these Terms. Except as expressly authorized by these Terms, you may not (and you may not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, scrape, or otherwise attempt to discover any source code, or sell, assign, or otherwise transfer any right in the Services or SmartAlbums Content. This license is revocable at any time with or without cause. Where required by applicable law, SmartAlbums will provide prior notice of termination. This license is revocable at any time with or without cause. Where required by applicable law, SmartAlbums will provide prior notice of termination.** Except for those rights expressly granted in these Terms or any applicable Additional Terms, no other rights are granted, whether express or implied.
BY DOWNLOADING, ACCESSING, INSTALLING, OR USING ANY SMARTALBUMS SOFTWARE, YOU AGREE TO ABIDE BY THESE TERMS AND THE SPECIFIC PROVISIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THESE TERMS AND EULA IN CONNECTION WITH YOUR USE OF SMARTALBUMS SOFTWARE, DO NOT DOWNLOAD OR USE THE SMARTALBUMS SOFTWARE OR ANY SMARTALBUMS SERVICES AND DISCONTINUE SUCH USE IMMEDIATELY. THESE TERMS AND EULA ARE ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SMARTALBUMS SOFTWARE AND ON WHOSE BEHALF IT IS USED (E.G., YOUR COMPANY OR EMPLOYER) (“LICENSEE”).
SmartAlbums Software. The “SmartAlbums Software” includes but is not limited to (a) SmartAlbums or third party software files and other computer information available through the SmartAlbums Services, including SmartAlbums®, SmartSlides®, SmartGalleries, Cloud Proofing, SmartAlbums® Ordering Partnership, Print-Lab Designer License, Advertising Add-on and Album Proofing Add-on, and any mobile applications; (b) any SmartAlbums Content bundled with SmartAlbums Software; and (c) related explanatory written materials and files (“Documentation”).
License Grant for SmartAlbums Software. Subject to these Terms and EULA and any applicable payments or fees, SmartAlbums grants to Licensee a single-user, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the SmartAlbums Software, in executable object code form only, on up to two (2) computers owned or leased by Licensee, and solely for the purposes described by SmartAlbums for the SmartAlbums Software, in accordance with any Documentation that accompanies it.
Limited License Grant for Sound Recordings Library in Connection with SmartSlides® Software. Subject to these Terms and EULA and all additional applicable payments or fees, the License Grant for SmartAlbums Software may include grants to Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the certain master recordings and compositions (the Sound Recordings Library) identified herein, in synchronization or timed relation with SmartAlbums SmartSlides® software, subject to the limitations otherwise applicable to all other SmartAlbums Software, and solely for the purposes described by SmartAlbums for the SmartAlbums Software, and in accordance with any Documentation that accompanies it.
Specific Restricted License – User Clients and SmartGalleries. Subject to these Terms and EULA and any applicable payments or fees, SmartAlbums grants to you as a Client of a SmartAlbums User (i.e., client of a Photographer or Print-Lab User), in relation to use of SmartGalleries, a single-user, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to temporarily use, online, SmartGalleries services. This grant is solely for the limited purposes described by SmartAlbums on the SmartGalleries website, and includes only access and use in relation to photographs taken by the SmartAlbums User for which you are a Client. This grant provides no other rights, and specifically does not grant the additional rights set forth in Sections 2 and 3, above, and Section 6, below.
Restrictions. Licensee understands and agrees that Licensee shall only use the SmartAlbums Software in a manner that complies with the terms hereof, and any and all applicable laws and restrictions in the jurisdictions in which Licensee uses the SmartAlbums Software. Consistent with the section entitled “Rules of Conduct” below, Licensee may not:
Modify, disassemble, decompile, translate, scrape, or reverse engineer the SmartAlbums Software, or any portion thereof, except to the extent that such restriction is expressly prohibited by law;
Create derivative works based on the SmartAlbums Software in whole or in part and in any form;
Use the SmartAlbums Software for any purpose except as permitted by these Terms;
Sell, lease, rent, assign, license, share, host, disclose, perform, broadcast, distribute, or otherwise transfer or make available any SmartAlbums Software or any copy thereof, in whole or in part and in any form, to any third parties;
Remove or alter any proprietary notices or marks on the SmartAlbums Software or any portion thereof;
Release the results of any performance or functional evaluation of the SmartAlbums Software to any third party without prior written approval of SmartAlbums for each such release;
Attempt unauthorized access to any other SmartAlbums systems that are not part of the SmartAlbums Software;
SmartAlbums SmartSlides® Software and the Sound Recordings. In addition to the above restrictions, use of the SmartSlides® Software, or any of the Sound Recordings, in whole or in part, for any purpose outside the limited scope granted herein (i.e., in synchronized relation with SmartAlbums SmartSlides® Software as otherwise authorized herein) is prohibited. For clarity:
SmartAlbums SmartSlides® Software and Sound Recordings may only be used in connection with your authorized SmartSlides® Created Content, including wedding-related photographs, slideshows, and videos created by you (a) for use in advertising, marketing, promotion of your services to End Consumers, or (b) your sale of wedding-related photographs, slideshows, and videos to End Consumers for private use only. End Consumers are not granted the right to use the Sound Recordings for commercial or outside work(s) that is not produced within SmartAlbums.
No sound-only records produced pursuant to the said license are to be manufactured, sold and/or used separately from authorized SmartSlides® Created Content; this is a license to use the Sound Recordings only with respect to the Production and Usage/Timing referred to above, to create content available only for personal and non-commercial purposes by an End User. This license does not include the right to alter the fundamental character of the music of the Sound Recording, to use the title or subtitle of the Sound Recording as the title of Your SmartSlides® Created Content, or to use the story of the Sound Recording as the story of Your SmartSlides® Created Content.
No right of performance with respect to the Sound Recordings is conveyed herein. Public performance of the SmartSlides® Created Content in synchronization with the Sound Recordings by means of public dissemination throughout the Territory is strictly prohibited; such public performance shall require further maintenance or procurement by each exhibiting entity (such as a network, local station, theater, website or disseminator) of valid performing license(s) with respect to the Composition (e.g., ASCAP/BMI/SESAC), and with respect to the Master Recording (e.g., SoundExchange). Such public performance rights are not granted herein, and you represent, warrant and agree that you understand that such rights are not granted herein as they must be separately obtained, providing publisher credit with respect to the Composition and Master Recording, and providing appropriate songwriter credit to Composer.
SmartGalleries. In addition to the above restrictions, use of SmartGalleries by a User Client, in whole or in part, for any purpose outside the limited scope expressly granted to a User Client, is prohibited. For clarity: SmartGalleries may only be used in connection with SmartAlbums Content created by a SmartAlbums User for which you are a Client. User Clients are not granted the right to use other SmartAlbums Services, Content, or Software.
Permitted Number of Copies. Licensee may concurrently install the SmartAlbums Software on up to two (2) computers owned or leased by Licensee for use solely by one user associated with Licensee, unless otherwise expressly permitted under a valid volume license granted by SmartAlbums, to which Additional Terms will apply. If Licensee has more than one user, you must obtain a volume license by contacting SmartAlbums using the contact information provided at the end of this Agreement. Licensee may deactivate installation of a licensed copy of SmartAlbums Software on a device to activate and reinstall on another device via Licensee’s SmartAlbums account. Licensee understands and agrees that SmartAlbums is not responsible for any loss of data in connection with activation or deactivation of SmartAlbums Software. Licensee acknowledges and agrees that SmartAlbums may remotely monitor the number of active copies of SmartAlbums Software.
Software Updates. This EULA does not entitle Licensee to any support or ongoing support, upgrades, patches, enhancements, or fixes for the SmartAlbums Software. However, Licensee acknowledges and agrees that SmartAlbums may from time to time develop and offer patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the SmartAlbums Software and related Services. Any such updates that may be made available by SmartAlbums and downloaded, manually or automatically, by Licensee shall become part of the Software and subject to these Terms.
Trial Versions and Beta Features. If Licensee registered for a trial use of the SmartAlbums Software (“Trial Period”), Licensee must decide to purchase a full version of the SmartAlbums Software within the Trial Period in order to retain any User Content (defined below) that was uploaded, posted, or entered into the SmartAlbums Software or created within the Software data file during the Trial Period. Licensee acknowledges and agrees that if Licensee does not purchase a full version of the SmartAlbums Software, Licensee will not be able to access or retrieve any User Content added or created with the SmartAlbums Software during the Trial Period, and SmartAlbums is not responsible for any liabilities arising out of or relating to loss of such User Content.
If Licensee registered for a beta version or a product, it is understood that the beta software, documentation, and any updates may contain errors and are provided for limited evaluation only. The beta software, the documentation, and any updates are provided “as is” without warranty of any kind, whether express, implied, statutory, or otherwise. SmartAlbums does not make any, and expressly disclaims all, warranties whether oral or written, express, implied, statutory or arising by usage of trade or course of dealing, including, without limitation, any warranties of merchantability, title, non-infringement and fitness for a particular purpose. Licensee acknowledges and understands that: (a) the beta product and beta test materials are still in development, are experimental in nature, and will be undergoing testing; (b) the operation thereof will not be uninterrupted or error-free; (c) that any research or development that you perform regarding the beta software or any product associated with the beta software is done entirely at your own risk; (d) it is unreasonable for you to rely upon the functionality of the beta software or related product beyond the limited scope provided for herein, and (e) you waive any claims for damages against SmartAlbums arising from your use of the beta software or related products. In addition, you acknowledge and understand that the beta software may contain features, functionality or modules that will not be included in the production version of the beta software, if released, or that will be marketed separately for additional fees.
Fees. Licensee shall pay SmartAlbums the license fees for the SmartAlbums Software as set forth on the SmartAlbums website at https://www.SmartAlbums.com/, including, but not limited to, upfront, incremental, and/or annual license fees, and any support fees if Licensee requests updates or support from SmartAlbums, according to the section of these Terms entitled “Payment Terms” below.
Term and Termination of the SmartAlbums Software End User License. The end user license for SmartAlbums Software granted by these Terms is effective on the date Licensee first uses the SmartAlbums Software and shall continue for as long as Licensee pays any applicable fees, if any, unless the license is otherwise terminated under this section. The Restricted License for User Clients shall terminate when (1) the User Client’s User removes or deletes User Content from the User’s SmartGalleries gallery, (2) the subject User determines to restrict access to such gallery, including but not limited to the User Client’s access, and (3) the subject User ceases to be an authorized User of SmartAlbums Services, whichever occurs first. SmartAlbums may terminate an end user license to SmartAlbums Software at any time if Licensee fails to comply with these Terms. Upon termination of these Terms or an end user license for any reason, Licensee shall destroy and remove from all devices and storage media all copies of the Software.
Compatibility. Licensee is solely responsible for determining the compatibility of the SmartAlbums Software with any other equipment (e.g., ensuring that your device and/or operating system is compatible Software) prior to installation or use. Licensee acknowledges that it has verified the compatibility of the SmartAlbums Software with any other required equipment. Licensee accepts sole responsibility for any claims or issues arising out of or in connection with incompatibility of SmartAlbums Software with any intended purpose or other equipment.
Storage Limits. There are storage limitations for any Services that require hosting by SmartAlbums. These limitations are in place in order to prevent abuse of these Services. They are designed in such a way that under average use of the Service, the Licensee should not reach these limits. Consequently, these limitations are in place in order to facilitate fair use of the Services. Product specific storage limitations are outlined below. If you will require more storage space, you must obtain a volume license by contacting SmartAlbums using the contact information provided at the end of this Agreement. SmartAlbums does not guarantee that additional limits will be provided.
Cloud Proofing. Storage space is limited to 50GB (fifty gigabytes) total.
SmartSlides®. Storage space is limited to 3GB (three gigabytes) per slideshow total. This includes: 1) uploaded images 2) video download 3) all stored images 4) music uploads.
SmartGalleries. Storage space is limited to 20 GB per gallery and 100 GB of bandwidth per month.
Registration, Usernames, and Passwords. Users (both User Licensees and User Client Licensees) may be required to register with SmartAlbums in order to access certain aspects or areas of the Services. With respect to any such registration, SmartAlbums may refuse to grant a User or User Client permission to register under a specific username or email address for any reason, at our sole discretion. All Users and User Clients are responsible for maintaining the confidentiality of any password used to access the Services, and agree not to transfer such password or username, or lend or otherwise transfer use of or access to the Services, to any third party. All Users and User Clients are fully responsible for all interaction with the Services that occurs in connection with their specific username or password.
If you have any reason to believe that any unauthorized use of your username or password or any other breach of security related to your account has occurred, you agree to immediately notify SmartAlbums by email to info@smartalbums.com. SmartAlbums is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Payment Terms. For SmartAlbums Software or Services licensed on a payment or subscription basis, the following terms apply, unless SmartAlbums otherwise notifies you in writing. Additional Terms may appear in the program ordering or at the time of purchase.
Payments will be billed to you in U.S. Dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in any Additional Terms.
Payment must be made with one of the following payment methods: valid credit or debit card, checking or savings account number, or other payment option approved by SmartAlbums in writing.
You agree to keep your Personal Information and payment method information accurate, current, and complete at all times. SmartAlbums reserves the right to immediately suspend or terminate your account, terminate or suspend your Software license, or refuse any further use of the Software in connection with inaccurate, incomplete, or outdated information.
Subscription Renewal Terms. When you subscribe to any SmartAlbums Service that requires a fee, your payment method will be charged upon signing up for the applicable Service and again at regular intervals applicable to your subscription. SmartAlbums will automatically renew your monthly, quarterly, bi-annual, annual or any other subscription at the then-current rates, as required for you to maintain access to a Service or Software, unless your license to such Service or Software is canceled or terminated under these Terms.
Subscription Cancellation and Refunds. You can cancel subscription Services at ANYTIME with NO PENALTY if you are NOT on a contract plan. Please be aware, however, that except where required by applicable consumer protection law, THERE ARE NO REFUNDS FOR PURCHASES OF ANY SERVICES, FOR ANY REASON. Certain jurisdictions may provide you with a statutory right of withdrawal or refund; nothing in these Terms is intended to limit those rights.**
To suspend, cancel or inquire about your account, email info@smartalbums.com. In the event that SmartAlbums suspends or terminates your account, a Service, or these Terms, you understand and agree that you shall not receive a refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
Information Submitted Through the Services. Submission of information through the Services is governed by SmartAlbums’ Privacy Policy and by the DPA to these Terms. You represent and warrant that any Personal Information you provide in connection with your use of the Services must be true, accurate, and complete. You agree that if any Personal Information that you provide becomes false, inaccurate, obsolete or incomplete, SmartAlbums may terminate your use of the Services.
User Content Submitted Through the Services. Subject to the terms and restrictions herein, the Services provide you with the ability to create, post, or share content, including but not limited to photos, data, text, files, software, sound, videos, graphics, artwork, ideas, opinions, and comments (collectively, “User Content”) with others.
You Must Have Rights to the User Content You Post. You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (iii) the posting of User Content on the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees and any other monies owed to any person by reason of User Content you post on or through the Services. Specifically, you represent and warrant that you have obtained the consent of every identifiable individual who appears in your User Content to use such individual’s likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such consent from the individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases, and/or permissions upon our request).
SmartAlbums SmartSlides® Software and Sound Recordings. To the extent that your User Content shall contain or use any audio, including sound recordings other than the Sound Recordings licensed subject the SmartAlbums SmartSlides® Software and Sound Recordings Library provided herein from SmartAlbums’ various music providers (User Provided Audio), you represent and warrant that: (i) you own or otherwise have all rights necessary to use such User Provided Audio used or posted by you on or through the Services or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Provided Audio on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity; and (iii) the posting or using User Provided Audio on or with the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees and any other monies owed to any person by reason of User Provided Audio you post on or through the Services. You agree to immediately respond to any notice you receive to cease and desist using any User Provided Audio by removing such User Provided Audio from your User Content and immediately notifying SmartAlbums. You agree to defend, indemnify, save and hold SmartAlbums harmless from any and all loss, damage, liability and other expense (including anticipated and actual court costs, expenses and reasonable attorneys’ fees) arising out of, connected with or as a result of any inconsistency with, failure of, or breach or alleged breach by you of any warranty, representation contained in this Agreement or otherwise arising from violation of this Agreement.
SmartAlbums’ Rights in Your User Content. SmartAlbums claims no ownership or control over your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the User Content you post on or through the Services. You are responsible for protecting those rights. You grant SmartAlbums, and third party service providers or business partners that facilitate the SmartAlbums Services, a worldwide, non-exclusive, transferable, royalty-free, limited-term license (for as long as reasonably necessary to provide the Services and as permitted under applicable law), with right of sublicense to use, reproduce, distribute, create derivative works of and publicly display all User Content in connection with the production or provision of any product or service you request or to show you how your User Content might appear through the Services. For example, when you prepare an album for printing, we will prepare, manipulate (if necessary), and transmit your User Content for production, packaging, and/or shipment. Copies of your User Content may persist in backup files, but will not be available to others. SmartAlbums reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion. Please note that, while you retain ownership of your User Content, any template or layout, such as custom templates within SmartAlbums®, in which you arrange or organize such User Content through tools and features made available through our Services are not proprietary to you, and the rights to such templates or layouts will remain with SmartAlbums.
Further, you grant SmartAlbums a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license, as applicable, to copy, distribute, reproduce, modify, adapt, publicly display, create derivative works from, incorporate, and otherwise use your User Content for any purpose in connection with our business, the Services, and/or the promotion or marketing thereof. SmartAlbums is entitled to assign or sublicense all or a portion of this license in its entirety, without payment to you. You acknowledge and agree that in connection with this license, (a) SmartAlbums has the right to arrange the posting of User Content in any way it desires; (b) SmartAlbums has no obligation to provide you with any credit when using your User Content, but in the event SmartAlbums chooses to provide you with credit, the size and placement of the credit is at SmartAlbums’ sole discretion; (c) any "moral rights" in your User Content have been waived; and (d) you are not entitled to any compensation or other payment from us in connection with use of your User Content. Notwithstanding the above, we will not make use of any of your User Content in a manner that is inconsistent with the Privacy Settings that you establish for your SmartAlbums account. Furthermore, SmartAlbums may use User Content for marketing purposes to cross-promote SmartAlbums’ various products. For example, SmartAlbums may use your images from Cloud Proofing to build a slideshow for your viewing within SmartSlides®.
Other Users’ Permission to Use Your User Content. If you choose to make your User Content available to others through the Services, such as by sharing an album through Cloud Proofing or SmartGalleries, you acknowledge and agree that you have granted such other users permission to access that User Content and that SmartAlbums is not responsible for any actions taken with respect to that User Content by any other user.
Content from Other Users. You understand and agree that you will not obtain, as a result of your use of the SmartAlbums Services, any right, title, or interest in or to others’ User Content delivered via the SmartAlbums Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content or SmartAlbums Content appearing on or through the SmartAlbums Services.
No Confidentiality and How to Share an Idea. Except for information necessary to place an order or make use of the Services, you may not submit or share confidential or proprietary information or trade secrets through the Services. If you wish to share an idea or suggestion with us, you must submit the idea to us at info@smartalbums.com. By submitting an idea or suggestion, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.
Interactions with Other Users or Third Parties. The Services may enable or facilitate communications between you and other users or third parties. As a neutral facilitator, we are not directly involved in the actual transactions and/or communications between you and other third parties. We have no control over the truth, accuracy, quality, legality, offensiveness, or safety of content or other postings made by other users or third parties. You shall at all times exercise common sense and good judgment when dealing with any other users or third parties through the Services. You are solely responsible for your involvement with other users and third parties and assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party and to not involve SmartAlbums in such disputes. We reserve the right, but have no obligation, to monitor disagreements between any users of the Services.
You are Responsible for Your User Content. You are solely responsible for your User Content on the Services. SmartAlbums does not endorse, nor is it responsible for, any User Content on the Services. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful, offensive, or advocates the violation of any law or regulation.
Rules of Conduct. While using the Services you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, SmartAlbums expects users of our Services to respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Services.
You understand, acknowledge, agree and warrant that you may not and that you will not:
Post, transmit, or otherwise make available through or in connection with the Services anything that is or may be: (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, or otherwise objectionable to the person with whom you share; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
Post, transmit, or otherwise make available through or in connection with the Services any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
Use the Services to post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
Use the Services to advertise or offer to sell or buy any goods or services except as permitted by these Terms or contemplated by the Services or with SmartAlbums’ express prior written consent.
Use the Services for any fraudulent or unlawful purpose.
Harvest or collect Personal Information about other users of the Services without such other users’ consent.
Impersonate any person or entity, including any representative of SmartAlbums or its affiliates or business partners; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that SmartAlbums endorses any statement you make.
Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services).
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services (including any Content, product, service and other materials available through the Services), except as permitted by these Terms or contemplated by the Services or with SmartAlbums’ express prior written consent.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Services (including any content and other materials available through the Services to which you do not have ownership or rights), except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
Remove any copyright, trademark or other proprietary rights notice from the Services or content and other materials originating from the Services.
Frame or mirror any part of the SmartAlbums Services without SmartAlbums’ express prior written consent.
Create a database by systematically downloading and storing all or any SmartAlbums Content or User Content to which you do not have ownership or rights.
Upload, post, or transmit to the Services any virus, worm, Trojan horse or other malware or computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services, without SmartAlbums’ express prior written consent.
User Content May Appear Differently on Different Devices or in Different Formats. You understand and agree that User Content may appear differently on different devices or in different formats. For example, colors of User Content may vary from one device to the next, and User Content on a digital screen may appear slightly different when printed to paper. SmartAlbums is not responsible for any variations in User Content on different devices or in different formats.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Services should be sent to SmartAlbums at:
SmartAlbums Inc.
1209 Orange Street
Wilmington, Delaware, 19801
info@smartalbums.com
Third Party Integrated Services and Logins. SmartAlbums may offer users the opportunity to enable or log in to the SmartAlbums Services via various third party services, such as social media and social networking services like Facebook or Twitter or other third party services or applications, such as printers or publishers (collectively, “Third Party Integrated Services”). Users are in no way obligated to use any Third Party Integrated Services in connection with the Services. As part of such integration, the Third Party Integrated Services may provide SmartAlbums with access to certain information that users have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy.
If you opt to integrate or use Third Party Integrated Services with the Services, they may gain access to certain information that you have provided to SmartAlbums, including Personal Information. Please remember that the manner in which Third Party Integrated Services use, store, and disclose information is governed solely by the policies of such Third Party Integrated Services, and SmartAlbums has no liability or responsibility for the privacy practices or other actions of any Third Party Integrated Service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Third Party Integrated Services. For example, while SmartAlbums may try to provide information through the Services about a particular printer’s formatting specifications, such specifications can vary at any time without notice to SmartAlbums or to users of SmartAlbums Services. As such, we are not liable for any damage or loss related to or arising out of the use of or reliance on any Third Party Integrated Services. We enable these features merely as a convenience to our users.
Third-Party Links and Services. In addition to the Third Party Integrated Services described in these Terms above, the Services may contain links to third-party websites or services (collectively, “Third Party Links and Services”). Third Party Links and Services are not under the control of SmartAlbums, and SmartAlbums is not responsible for the contents of or any changes or updates to any Third Party Links and Services. SmartAlbums is not responsible for any form of transmission received from any Third Party Links and Services. SmartAlbums is providing any such Third Party Links and Services to users only as a convenience, and the inclusion of such Third Party Links and Services does not imply endorsement by SmartAlbums of such Third Party Links and Services or any associated products or services. You agree that your use of Third Party Links and Services, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such Third Party Links and Services.
Electronic Notices. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in a paper or hard copy format. To receive free written notice of a security breach in a paper or hard copy format (or to withdraw your consent from receiving electronic notice), please notify us at info@smartalbums.com.
Customer Support, Feedback and Input, and Surveys. We seek to support your effective and creative use of the Services and to improve, refine, and enhance the quality and capabilities of the Services. As part of providing the Services, we also provide the opportunity for you to influence and prioritize which enhancements to Services we will make and the design and engineering of future products and software. Accordingly, as part of our operations to support your use of the Services and utilization of your insights and experiences to enhance the Services, we may, from time to time, as part of performing these Terms, communicate with you via email or other means to provide, without limitation, demonstration videos showcasing a functionality features, including features that might be used on a trial basis, tips or advice regarding use of the services, and queries regarding user support. Our communications addressing the functionality and features of the Services are based, in part, on a combination of our engineering and research, user inquiries, and feedback, and our responses to surveys and questionnaires. To ensure that we obtain relevant information concerning user experiences with the Services, we may, from time to time, send surveys or questionnaires to you. But using or continuing to use the Services, you consent to our sending to you the above-mentioned communications regarding Services feedback, product tips and instructions, and support and surveys.
Monitoring. SmartAlbums reserves the right, but has no obligation, to monitor use of the Services and/or any activities conducted through or in any way related to the Services. SmartAlbums may review and remove any User Content at any time for any reason, including activity which, in its sole judgment, violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services.
Termination. SmartAlbums reserves the right, in its sole discretion, to restrict, suspend or terminate your account and your access to all or part of the Services for any reason. We reserve the right to restrict, suspend or terminate your account and your access to all or part of the Services in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
Disclaimer of Warranties. SMARTALBUMS AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, SMARTALBUMS CONTENT, OR ANY USER CONTENT FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES, SMARTALBUMS CONTENT, OR ANY USER CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SMARTALBUMS CONTENT OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO ITS TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE SMARTALBUMS CONTENT OR ANY USER CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN.
YOU AGREE THAT YOU USE THE SERVICES, SMARTALBUMS CONTENT, OR ANY USER CONTENT AT YOUR OWN RISK AND THAT THE SERVICES, SMARTALBUMS CONTENT, OR ANY USER CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PRINTED ALBUM OR CREATED SLIDESHOW OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR ANY CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICES BY SMARTALBUMS OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES’ TOTAL LIABILITY… SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO SMARTALBUMS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (ii) USD $100. LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO SMARTALBUMS TO ACCESS AND USE THE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services, SmartAlbums Content, or User Content. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company Parties in defense of such matter, including payment to the Company Parties of any and all reasonable attorney fees and legal costs incurred in connection with responding to any such matter.
Compliance with Applicable Laws. SmartAlbums is based in the United States. SmartAlbums makes no claims concerning whether the Services, SmartAlbums Content, or any User Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services, SmartAlbums Content, or any User Content from outside the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Services, SmartAlbums Content, or any User Content to countries or persons prohibited under the export control laws. By downloading any Services, SmartAlbums Content, or any User Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services, SmartAlbums Content, or any User Content.
General. These Terms constitute the entire agreement between you and SmartAlbums with respect to our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SmartAlbums with respect to the Services. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. SmartAlbums will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Governing Law and Arbitration Provision. These Terms and the relationship between you and SmartAlbums shall be governed by the laws of the state of Washington without regard to any conflict of law provisions or principles. Before instituting any legal action concerning the Company Parties or these services, you agree to first contact SmartAlbums at info@smartalbums.com regarding any claim or controversy arising out of or relating to these Terms or your use of the Services and that you may not institute any proceeding until at least sixty (60) days after making such contact. You agree that regardless of any statute or law to the contrary, you must file any such claim within one (1) year after such claim is actually or reasonably should have been discovered by you, or two (2) years after the claim arose, whichever period is shorter, or it is forever barred. You and SmartAlbums agree to submit any dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in English, with one arbitrator. Arbitration will take place in Seattle, Washington, unless you reside outside the U.S., in which case it may be conducted remotely. You covenant not to sue SmartAlbums in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that SmartAlbums may recover reasonable attorneys’ fees from you if SmartAlbums prevails in an action for injunctive relief against you.
Class Waiver and Waiver of Jury Trial. Any proceedings to resolve or litigate any dispute in any forum with respect to these Terms or the Services will be conducted solely on an individual basis. Neither you nor the Company Parties will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree to waive your right to a jury trial in connection with any dispute relating to these Terms or your use of the Services. If this class action waiver or waiver of jury trial is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts, and to the extent permitted by law, you agree not to participate in such class or representative action.
Subscription Licensing Agreement Terms and Conditions section is an addition to the full Terms of Service and End User License Agreement found above. If there are any conflicts, the Subscription Licensing Agreement Terms and Conditions amendment shall take precedence. SmartAlbums offers discounted payment plans if a User commits to a specific period of time. This commitment is synonymous to a contract and the two words are used interchangeably throughout this agreement.
Your subscription starts on the day and time of your purchase. Your subscription renews on the same date and time of the following billing cycle, depending on the payment plan you selected.
Some products offer you multiple payment options to choose from:
Option 1) You can choose to pay month-to-month at the regular full price.
Option 2) You can choose to pay a discounted yearly amount up-front by paying for a full year in advance. For clarity, these types of plans are called yearly plans.
With each option, you pre-pay for the service. Thus, you pay to use the service.
All subscriptions and plans renew automatically. Contact SmartAlbums before your existing plan cycle ends in order to cancel.
There are no refunds. All purchases are final. For clarity, if you purchase a yearly plan, you will have access to the product for a full year and will not receive any type of a refund if you stop using the product at any time during your pre-paid period.
If you cancel prior to renewal date, your plan will not renew automatically, no refund will be issued but you will have access to the service through the pre-paid date.
Month-to-month plans can be canceled at any time. User’s access to SmartSlides® will remain until the pre-paid date. No refund will be given.
A yearly plan can be canceled at any time. User’s access to SmartSlides will remain until the pre-paid date. No refund will be given.
For clarity, if you are on a legacy contract plan, such as the Annual plan, contact SmartAlbums before your existing plan ends in order to cancel a legacy contract plan.
SmartAlbums® or SmartAlbums® with Cloud Proofing or Bundle(s)
Plans can be canceled at any time. User’s access to said product will remain until the pre-paid date. No refund will be given.
For clarity, if you are on a legacy contract plan, such as the Annual plan, contact SmartAlbums before your existing plan ends in order to cancel a legacy contract plan.
To cancel your subscription(s), log into your SmartAlbums Account or email info@smartalbums.com. Cancellation requests must be received before your current term expires. If you are on a yearly plan, you must contact us before your current term expires. If you are on a month-to-month basis, you must contact us before your current month ends.
Subscriptions are NOT prorated. If you send a request to cancel once a new period has started, you will be charged for that period and your subscription will end the following period. Partial refunds will NOT be offered.
All subscriptions renew automatically.
Yearly plans that are paid annually will be billed annually at the current market rates. The commitment will renew automatically at the end of your term at that time’s market rates, which might be higher than the existing rates. It is the user’s responsibility to ensure that they are familiar with and agree to the market rates prior to the commitment renewal period. Renewal dates are subject to change, but you will be notified in advance.
Month-to-month and yearly subscriptions are subject to price change at any time without prior notice. It is the users' responsibility to review the current market rates prior to their plans getting renewed.
SmartAlbums reserves the right to alter the terms of these agreements at any time at its sole discretion. If any of these terms are altered, SmartAlbums will communicate these changes on its website, social media channels, or through email. It is the user’s responsibility to monitor these channels for SmartAlbums’ communications.
You can switch plans after your existing plan period ends (one year or six months). You cannot upgrade or downgrade a plan once you started on a particular plan. Thus, you must contact SmartAlbums prior to your existing term expiring and request a different plan for your renewal.
If user is on a month-to-month plan, user can switch to any other plan.
If user is on a yearly plan, user can switch to another yearly plan or to a monthly plan. However, no refund will be given. If user switches from a yearly plan to a monthly plan and has an unused balance, that balance will be applied as a credit towards the monthly plan until it runs out. However, in no case will there be a refund issued.
To switch plans, log into your SmartAlbums Account or contact info@smartalbums.com
SmartAlbums® or SmartAlbums® with Cloud Proofing or Bundle(s):
User can switch only to another yearly plan. When a yearly plan is switched, the annual commitment starts from the day of the switch.
SmartAlbums Inc.
1209 Orange Street
Wilmington, Delaware, 19801
info@smartalbums.com