TERMS OF USE
Welcome to CaryWolinskyPhotographs.com. Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully. The website is owned and operated by Cary Wolinsky and Trillium Studios (trilliumstudios.com).
Privacy
Please review our Privacy Policy to understand our privacy practices.
License and Website Access
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to: reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided; use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology); use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website; engage in any activity that interferes with the website or another user's ability to use the website; modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or assist or encourage any third party in engaging in any activity prohibited by these Terms of Use. Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Electronic Communications
You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Copyright
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws. For more information on copyright please see our Copyright page.
Trademarks
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Cary Wolinsky, Trillium Studios or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance / Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the website in a way that constitutes copyright or trademark infringement, please contact Cary Wolinsky, Trillium Studios, 70 Green Street, Norwell, MA 02061, CWPhotos@trilliumstudos.com.
Reviews, Comments, Communications and Other Content
It may be possible for you to post or submit reviews, comments, suggestions, communications and other information via our website, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the website, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the website. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the website. By submitting content to the website, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to our website.
Suggestions and Ideas
Visitors may submit suggestions, ideas, or questions, to CaryWolinskyPhotographs@trilliumstudos.com.
By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.
Limitation of Liability
We do not accept responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
Disclaimers
Our site is available “as is.” we do not warrant that our site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through our site. We do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our site or any information or goods that are available or advertised or sold through our site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this site or available through links on our site. We reserve the right to correct any errors or omissions on our site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our site, we do not guarantee or warrant that our site or materials that may be downloaded from our site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our site and any materials available through our site, you do so solely at your own risk.
Our site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by us or by third-parties. Due to the number of sources from which content on our site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on our site or through links is not adopted or endorsed by us and remains the responsibility of such third parties.
Applicable Law
By visiting the website, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the use of this website. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Plymouth County, Massachusetts, and you consent to exclusive jurisdiction and venue in such court.
Subject To Change Without Notice; Severability
We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.