SmartFrame Image Site Users Terms
Last updated: August 2025
Use of the Smartframe Image Site and access to the available images are governed by these Terms and Conditions (the “Terms”). Each time you visit the Smartframe Image Site or access the availiable images you are agreeing that you will accept and will be bound by these Terms.
Please read these Terms carefully each time you visit the Smartframe Image Site or access the availiable images. They form a legal agreement between you and SmartFrame, and they may be revised at anytime.
These Terms are in addition to any other Terms and Conditions that govern other SmartFrame websites, technologies or services that may link to this site. Our Privacy policy describes how we process any personal data that we may collect when you use the SmartFrame Image site or access the availiable images and services.
Only continue using the SmartFrame Image Site if you agree with these Terms, and if you acknowledge and understand how we will use the information that you may provide to us.
Definitions and interpretation
- The following definitions apply to these Terms
Applicable Law: means all applicable laws, statutes and regulations from time to time in force.
Embed Terms of Use: means the terms and conditions provided by SmartFrame from time to time
which govern an Embed User’s access and use of a SmartFrame Image, the current version being
located at https://smartframe.io/embed-terms-conditions
Embed User: means a non-Publisher owner or operator of a Site that obtains a SmartFrame Image
from the SmartFrame Image Site and embeds the image on their Site.
Intellectual Property Rights: means any and all present and future, know-how, trade secrets,
inventions, patents, and other confidential information, registered designs, copyrights, database rights,
the sui generis rights of extraction relating to databases, design rights, logos, trademarks, service
marks, emblems, insignia, identifying music and sounds, get-up, domain names, business names,
trade names, moral rights, performance rights, goodwill and other intellectual property rights of
whatever nature, in each case whether registered or unregistered and including applications for
registration, and all rights or forms of protection having equivalent or similar effect anywhere in the
world.
Publisher: means a party to a Publisher Agreement with SmartFrame.
Publisher Agreement: means the agreement between SmartFrame and a Publisher for the receipt of
an agreed consideration for displaying SmartFrame Images on the Publisher’s Sites.
Site: means any website, blog or social media platform.
SmartFrame: means SmartFrame Technologies Limited, a company registered in England under
number 08652873 whose registered office is at 423 Linen Hall, 162–168 Regent Street, London, W1B
5TE, United Kingdom.
SmartFrame Images: means photographic images owned or represented by SmartFrame’s image
content partners that are displayed on the SmartFrame Image Site and are accessible to Users subject
to SmartFrame’s Embed Terms of Use or a Publisher Agreement as applicable.
SmartFrame Image Site: means the publicly facing, SmartFrame-branded website where these terms
are posted, from which archives of images procured by SmartFrame from its content partners will be
searchable and the images accessible to be embedded by Users.
Users: an individual who accesses the SmartFrame Image Site or SmartFrame Images in an individual
capacity or on behalf of an entity and includes Embed Users and Publishers.
Virus: any code or malware whose purpose is to disable a computer or network or adversely affect its
performance such as a computer virus, worm, ‘trojan horse’, back door or similar item which may impair
or otherwise adversely affect the operation of any computer or network, prevent or hinder access to
any program or data, impair the operation of any program or the reliability of any data (whether by re-
arranging within the computer or any storage medium or device, altering or erasing, the program or
data in whole or part or otherwise). - The clause headings in these Terms are included for convenience only and shall not affect the
interpretation of these Terms. - A person includes a natural person, corporate or unincorporated body (whether or not having separate
legal personality) and that person’s personal representatives, successors and permitted assigns. - Unless the context otherwise requires, words in the singular shall include the plural and, in the plural,
shall include the singular and a reference to one gender shall include a reference to the other genders. - A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A
reference to a statute or statutory provision includes all subordinate legislation made under that statute
or statutory provision. - Any words following the terms including, include, in particular, for example or any similar
expression shall be construed as illustrative and shall not limit the sense of the words, description,
definition, phrase or term preceding those terms.
SmartFrame Image Site content
- User acknowledges and agrees that the SmartFrame Image Site is intended to be a searchable
inventory of images owned by third party content providers that have granted SmartFrame the right to
distribute these images in its SmartFrame format. In using the SmartFrame Image Site, Users are
solely responsible for the choice of images and the subsequent results derived from such use. - SmartFrame may amend, restrict, or delete the Image Site or any of its contents at any time without
notification to User and has no obligation to maintain any particular content offering regardless of
whether a User has previously obtained the same or similar image content from the Image Site. - Where User is party to a Publisher Agreement with SmartFrame, the terms and conditions of the
Publisher Agreement will govern the use of any image obtained by User from the SmartFrame Image
Site. - Where User is not a Party to a Publisher Agreement, the Embed User Terms will govern the use of any
image obtained by User from the SmartFrame Image Site.
User rights
- User’s rights are limited to the right to search for relevant images and to use such images in
accordance with the Publisher Agreement or Embed User Terms as applicable. - User has no rights to modify, translate, reverse engineer, disassemble or decompile any portion of the
SmartFrame Image Site. - User has no right to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available SmartFrame Image Site to any third party in any way; or (ii) “frame” or “mirror” any content from the SmartFrame Image Site on any server or wireless or internet-based device.
- Except as expressly set forth herein, no express or implied licence or right of any kind is granted to User regarding the SmartFrame Image Site or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the SmartFrame Image Site.
Access and availability of the SmartFrame Image Site
- SmartFrame has no obligation to make the SmartFrame Image Site accessible to User on an uninterrupted basis and the site may be unavailable to Users from time to time for different reasons including for planned and emergency maintenance.
- Where SmartFrame requires registration of an account in order to provide access to the contents of the SmartFrame Image Site, the information provided by User shall be complete and accurate. The confidentiality and security of any account profile or unique access details provided to User shall be personal to User and not shared with anyone else unless authorised by SmartFrame.
- SmartFrame shall use reasonable endeavours to diagnose and fix reported issues or answer any questions related to the SmartFrame Image Site that are communicated to SmartFrame, but does not guarantee that the User will receive a particular outcome.
Disclaimer
- User assumes sole responsibility for results obtained from the use of the SmartFrame Image Site and for conclusions drawn or decisions taken from such use and any reliance on the results obtained from the use of the SmartFrame Image Site is at User’s own risk. SmartFrame does not warrant the suitability, accuracy or completeness of the data available from the SmartFrame Image Site.
- The SmartFrame Image Site is provided and made available “as is” and all warranties, representations, conditions and all other terms of any kind whatsoever, implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
- SmartFrame does not represent or warrant that any defects identified will be corrected or that access to the SmartFrame Image Site will be uninterrupted, error free, free from Viruses or other harmful components, or meet the User’s specific requirements.
Limitation of liability
- SmartFrame will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise in connection with User’s use of or access to the SmartFrame Image Site or any content accessible from the SmartFrame Image Site, for any loss, injury, claim, liability, or damage of any kind, incurred or brought by User or a third party including loss of profits, loss of business, depletion of goodwill and/or similar losses, loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising. SmartFrame’s total aggregate liability to User shall be £100 to the extent the foregoing limitation of liability fails of its essential purpose or is prohibited.
- Nothing in these Terms limits any liability which cannot legally be limited, including, but not limited to, liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liabilities which cannot be excluded by statute.
Indemnification
User agrees to indemnify and hold SmartFrame, its officers, directors, agents, employees, contributors or any other content providers to the SmartFrame Image Site, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any breach by User of any of these Terms or the misuse of the SmartFrame Image Site.
Waiver
No failure or delay exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
Entire agreement
These Terms incorporate by reference any notices that may be displayed or provided when the User accesses the SmartFrame Image Site and constitutes the entire agreement between SmartFrame and User for using the SmartFrame Image Site, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the use of the SmartFrame Image Site.
Third party rights
These Terms do not confer any rights on any person or party, other than SmartFrame and the User.
Governing law
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. SmartFrame and User irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.