WLSmith.org Terms of Service Agreement

1. General
You are currently viewing a page of the WLSmith.org web site or a related web site, (the “Site”) belonging to WL Smith. This Site and any of the services provided by WL Smith in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms of Service. Please read these Terms of Service carefully. By accessing this Site you agree to be bound by these Terms of Service.

In this consent, “we”, “us”, “Wil Smith”, and “WLSmith.org” and are used to refer to WL Smith, administrators of this site, or agents for the artist.

2. Privacy
Please view our Privacy Policy at WLSmith.org/privacy.htm.

3. Country of Origin
WLSmith.org operates from the United States of America (US), and is translated from English (en). All prices listed on, and subsequent proposals originating from this site shall be in United States Currency (USD).

4. Electronic Terms of Service
On June 30, 2000, Congress enacted THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-Sign Act) to ensure the legality of electronic contracts. By obtaining products or services electronically through WLSmith.org, you agree that you have read and accept the terms outlined as follows. All of the disclosures, records, invoices, and other information being provided to you may, at WLSmith.org's sole discretion, be in electronic form. Information provided in electronic form will not be distributed in paper. Furthermore, you also agree to receive your invoices and billing via email, and make electronic payments from our site or email invoices using links to PayPal's secure servers. Your consent covers all of your transactions relating to the product or service that you agree to obtain. In order to ensure that we are able to provide you with important notices and other account information from time to time, you must update us with any change in email address.

5. Notices to You
You agree that WLSmith.org may provide notice to you by posting it on our website or by emailing it to the email address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. Furthermore, you agree to review your transactions through your Account History instead of receiving periodic statements by mail.

6. Intellectual Property
All images and video that appear throughout this site belong to WL Smith or the respective owners of such images or videos, and are protected by United States and international copyright and trademark laws. These laws strictly prohibit any use of any of the marks, images, animated images or video appearing throughout this site without the express written consent of WL Smith or the owner of the mark, image, animated image, or video.

6.1. Authorship Credit. The Artist hereby reserves for himself the common law copyright, including all reproduction rights and the right to claim statutory copyright in all works created or sold. No works of art are to be copied, photographed, or reproduced without the written approval of the Artist. Upon written permission by the artist, reproductions of any works must display authorship credit in the following form: (1) the symbol “©” or the word “Copyright”; (2) the year the work was completed; and (3) WL Smith. For example: “© 2007 WL Smith”.

7. Fair Use
This Website may contain some copyrighted material whose use has not been authorized by the copyright owners. We believe that the use on this Web site constitutes a fair use of the copyrighted material as provided for in section 107 of the US Copyright Law. Fair Use notwithstanding, we will immediately comply with any copyright owner who presents a valid request to have their material removed.

8. The Disability Discrimination Act of 1995 (UK)
We operate in accordance with THE DISABILITY DESCRIMINATION ACT OF 1995 (UK). Should you have problems accessing any portion of this site, you may contact us for further assistance via email, voicemail, fax, or sms provided at WLSmith.org/contact.

9. Special License Restrictions for Non-Human Visitors
Special restrictions on a visitor's license to access this Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor. Furthermore, as specified by the “no-email-collection” flag in the header pages within the Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of the author of the Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value not less than US $500 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited. As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason. VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

10. Payments to WLSmith.org
We maintain a merchant account with PayPal™ who acts solely as a Payment Service Provider. PayPal™ is an independent contractor for all purposes, except that PayPal acts as your agent with respect to the custody of your funds only, and is a TRUSTe licensee.

10.1. Security. Protecting your privacy and private financial data is very important. Payments are made at PayPal's site using their secure https servers and NO private financial data is shared with us by PayPal. Once you have reviewed our privacy policy, please review PayPal’s in order to better understand our commitment to maintaining your privacy, as well as PayPal's use and disclosure of your Information at www.PayPal.com/us.

10.2. Transaction History. You may view your transaction history by logging into your PayPal Account and looking at your Account History subtab on the Account Overview Web page. You agree to review your transactions through your Account History instead of receiving periodic statement via postal mail.

10.3. Refused Transactions. When you send money, WLSmith.org is not required to accept it. Should we decide not to accept a payment for any reason including, but not limited to, accidental over payments and/or unsolicited payments made through our Web site, we will return the refused payment within 30 Days from the date you initiated payment. If a payment is denied or refunded for any reason, we will return the money using the original Payment Method.

10.4. Chargebacks. If, at any time, a chargeback is issued through your credit card company, bank or PayPal (including PayPal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts. These same terms apply to overdue invoices.

10.5. Recurring Payments. A Recurring Payment is a payment in which you authorize a Merchant to directly charge your PayPal account on a one-time, regular, or sporadic basis. An example of a Recurring Payment is signing up for a service where you agree to allow a Merchant to directly charge your PayPal account each month for a particular service you have purchased. Recurring Payments are sometimes called “subscriptions”, “preapproved payments”, or “automatic payments”.

10.6. Waiver of Notice for Certain Recurring Payments. When a Recurring Payment is made by Instant Transfer or eCheck, you have the right to contact WLSmith.org and request on 10 Days advance notice before the Recurring Payment is made, provided that the amount of the payment varies.

10.7. Canceling Recurring Payments. You may cancel a Recurring Payment at any time up to 3 Business Days prior to the date the payment is scheduled to be made. To cancel a Recurring Payment, YOU MUST log in directly to your PayPal Account, access the My Account tab, then access the Profile tab, then access the Financial Information column and click on “My Preapproved Payments” and follow the instructions to cancel the payment. Please keep in mind that Recurring Payments are sometimes referred to as “subscriptions” or “preapproved payments”. In addition, if you cancel a Recurring Payment you may still be liable to us for the payment and any late fees, and may be required to pay us through alternative means.

11. Refunds, Returns and/or Cancellations
In any event, any deposited funds for a project shall not be subject to refund after commencement of the project. There are no refunds, returns or cancellations unless WLSmith.org cancels or terminates your Contract for a reason other than your breach or non-performance, We will only make a refund if we have deemed that WLSmith.org has not delivered services in an efficient and effective manner as promised. If for any reason a refund is granted, including, but not limited to, accidental over payments or unsolicited payments, SAID REFUND MUST BE REQUESTED WITHIN 30 DAYS OF YOUR PAYMENT. After 30 days, we will credit your account for the amount of said refund.

12. Non-Discrimination
WLSmith.org does not discriminate on the basis of race/ethnicity, national origin, disability, veteran status, sexual orientation, marital status, gender, age, or religion in the administration of this site, any of its services, outside services contracts, or other business dealings.

13. Severance of Terms
If all or any part of our Terms of Service agreement is or becomes invalid or unenforceable in any respect, then the remainder of the Terms of Service agreement will remain valid and enforceable.

14. Force Majeure
We shall not be liable to you if we are unable to perform our services as a result of any cause beyond our reasonable control. In the event of any such occurrence affecting us we shall notify you as soon as reasonably practicable.

15. Changes to our Terms of Service
If we decide to change our Terms of Service policy, we will post those changes on this page, and/or update the modification date below.

This policy was last modified on 19 August, 2010

16. Contacting Us
If there are any questions regarding our Terms of Service you may contact us using the information contained at WLSmith.org/contact.