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Terms and Conditions

Please read these Terms of Use carefully. By using this site or submitting an order for photographs to Baldwin Photography and/or Candid Color Systems, Inc., you indicate your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this site and do not submit any orders on this site.

Copyright and Trademark Information

It is illegal to reproduce photographs taken by a professional photographer or copyrighted images without the permission of the copyright owner. As with any image, your possession of a copy of a digitized image does not in itself mean you have any rights to use it. The photographer generally owns the copyright of an image, and only the copyright owner or someone authorized by the copyright owner can give you permission to use the image.

Gary Baldwin owns the copyrights of the photographs on this site. Except as otherwise required by applicable law, you may not reproduce, distribute, modify, retransmit, or publish any copyrighted material without the written consent of the copyright owner, including, without limitation, print or electronic reproduction, publication or any display of photography. In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorized by the copyright owner, or if you otherwise infringe any intellectual property rights relating to the photography, products, or this Web site, you agree to indemnify and hold Gary baldwin, Baldwin Photography, CCS, its subsidiaries, affiliates, licensees and representatives harmless against any losses, expenses, costs, or damages, including reasonable attorney fees, incurred by them as a result of unauthorized use of the photography or products and/or your breach of the terms of this agreement.

In addition to the photographs, all screens appearing on this site, including graphics, text elements, site design, logos, images, and icons, as well as their selection, assembly, and arrangement, are the sole property of Baldwin Photography and are copyrighted by Baldwin Photography unless otherwise specified.

As a site user, you acknowledge that this site may contain information, data, photographs, videos, typefaces, graphics, music, sounds, and other material (collectively) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. All content is copyrighted as a collective work under the U.S. copyright laws, and Baldwin Photography owns a copyright in the selection, coordination, arrangement, and enhancement of the content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content. You may not upload, post, reproduce, or distribute any content protected by copyright without obtaining permission of the owner of the copyright.

Party Pics, Quic Pics, The Photo Networks, Party Pic Network, Race Photo Network and Grad Photo Network are trademarks of CCS. All other marks, names, and logos mentioned on this site are the property of their respective owners.

Publication of Photographs

Baldwin Photography and/or CCS may, but is not obligated to, monitor the information, including photographs, that could be posted on this site. Any information displayed on this site, including those protected with an event password, should be considered public information.

Baldwin Photography and/or CCS may refuse orders for products with indecent, obscene, lewd, or illegal material or that may violate copyrights or privacy rights of others or for any other reason.

Site Content and Information

This website contains photographs, information, text, and other materials that are provided for your convenience and enjoyment. The content may contain errors, omissions, inaccuracies, or outdated information. Baldwin Photography and/or CCS does not make any representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information.

Disclaimer and Limitation of Liability

Use of this site is at your sole risk. Neither Baldwin Photography, CCS nor its affiliates, nor any of their officers, directors, or employees, agents, third party content providers, photographers, or others warrant that this site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this site.

BALDWIN PHOTOGRAPHY and CCS PROVIDES THIS SITE ON AN AS IS AND AS AVAILABLE BASIS. BALDWIN PHOTOGRAPHY and CCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CCS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE PHOTOGRAPHS, INFORMATION IN THIS SITE, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THE THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BALDWIN PHOTOGRAPHY and/or CCS will not be liable for any damage, loss, or expense of any kind arising out of, or resulting from your possession or use of the photographs, regardless of whether liability is based in tort, contract, or otherwise. In no event will BALDWIN PHOTOGRAPHY or CCS be liable to you for any indirect, special, incidental, consequential, or punitive damages (including any loss of profits, loss or corruption of data, loss of good will, computer failure or malfunction, or interruption of business), with respect to the photographs, any information contained in this website, other products, services, or materials offered, sold, or displayed on this site, your use of the site generally, or otherwise, regardless of whether BALDWIN PHOTOGRAPHY and/or CCS have been advised of the possibility of such damages. If the foregoing limitation is held to be unenforceable, the maximum liability of BALDWIN PHOTOGRAPHY and/or CCS to you shall not exceed the amount you paid for the photographs, or other products or services you ordered through this site.

Safe Shopping Guarantee

The purchase area of this site is designed to be secure. BALDWIN PHOTOGRAPHY and CCS have taken measures designed to make shopping with us safe by using Secured Socket Layer (SSL) to encrypt your personal data. If you experience fraudulent use of your credit card as a result of shopping with BALDWIN PHOTOGRAPHY and/or CCS, notify your credit card company in accordance with its reporting rules and procedures.

Order Acceptance Policy

When you place an order on this site you will receive Email confirmation that CCS has received your order. Your receipt of an electronic or other form of order confirmation does not signify CCS's acceptance or confirmation of your order. CCS reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled before it has been produced or entered into the production process, you will receive a prompt refund credit to your account. CCS reserves the right, at any time after receipt of your order, to supply less than the quantity you ordered of any item. CCS may require additional verifications or information before accepting any order. Price and availability of photographs and other products and services offered on this site are subject to change without prior notice.

Return Policy

If you are not completely satisfied with your photographs when you receive them, please contact Baldwin Photography regarding his/her return policy. We will instruct you how to return goods for replacement or the proper credit. Baldwin Photography works cooperatively with CCS to ensure that all goods produced by us are acceptable to the customer.

Shipping Policy

Depending on the event photographed and the type of products ordered, items will either be forwarded to Baldwin Photography for distribution to you, or they will be mailed directly to you from Candid Color Systems via United States Postal Service standard delivery. Shipping and handling charges are determined by Baldwin Photography and are charged to you at the time you place your order in accordance with Baldwin Photography's pricing policies.

Sales Taxes

CCS charges sales taxes on online orders, the rate of which is set according to applicable state tax laws. Some states require a tax on the delivery charge. You are responsible for paying applicable sales taxes. Any questions regarding sales taxes should be directed to Baldwin Photography.

Miscellaneous

Baldwin Photography reserves the right to make changes to this site and to these Terms of Use at any time. Any modifications will become effective when they are first posted to this site.

This agreement shall be governed by, and construed in accordance with, the laws of the State of Tennessee applicable to agreements made and to be performed in Tennessee. Any legal action or proceeding between you and Baldwin Photography concerning this agreement shall be commenced exclusively in a federal or state court of competent jurisdiction in Tennessee.

No waiver by either party of any breach or default under this agreement shall be deemed to be a waiver of any other breach or default. You may not assign this Agreement without Baldwin Photography and/or CCS's prior written consent. This agreement will be binding upon and inure to the benefits of the heirs, successors, and permitted assigns of the parties.

This agreement and any applicable policies and procedures of Baldwin Photography and/or CCS constitute the entire agreement of the parties with respect to its subject matter and supersede all previous written or oral agreements between the parties.

Privacy Policies

Baldwin Photography and Candid Color Systems, Inc., are committed to keeping your personal information confidential. Credit card payments for online orders are secured by Verisign and processed by Candid Color System. In the process CCS will collect your name, address, telephone number, credit card information, email address, and IP address. CCS uses this information to fill your order, to communicate with you about your order, and to aid us in troubleshooting any problems that may develop. Baldwin Photography and/or CCS may also use this information to tell you about new products and services. No digits of your credit card number are forwarded to Baldwin Photography. Baldwin Photography and CCS do not currently rent, sell or exchange email addresses, but Baldwin Photography and/or CCS may disclose personally identifiable information under special circumstances, such as when we believe in good faith that the law requires it.

In addition to the information we collect directly from you, Baldwin Photography and/or CCS also monitors general site use and traffic patterns to improve our websites, customer service and the products offered. Baldwin Photography and/or CCS uses cookies to improve your shopping experience, but we do not store personally identifiable information in your cookie. Cookies are bits of electronic information that a web site can transfer to your computer’s hard drive to help make shopping online easier and to tailor and keep records of your visits to the site. The use of cookies is standard on the Internet and many websites use them. Cookies save you time by tracking your order information so that you do not have to re-enter certain information upon every visit. Baldwin Photography and CCS do not and cannot use cookies to retrieve personal information about you from your computer unless you knowingly provided such information. As a consumer, you do have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. However, doing so may limit your ability to fully utilize this site.

CCS uses Secured Socket Layer (SSL) to encrypt your personal data. We understand this is especially important when exchanging credit card and/or billing information. Additionally, we limit access of personal information to employees who need it to carry out a specific job function.

Children’s Privacy
The safety of children is very important to Baldwin Photography and CCS. Therefore, Baldwin Photography and CCS requests that parents order photographs from this website for their minor children. Parents are responsible for supervising any activities undertaken by a minor while viewing and/or using this website.

Privacy Policy Changes

Should Baldwin Photography and/or CCS decide to change its Privacy Policy, Baldwin Photography will post the changes here so that you will know what information is gathered, how that information might be used, and whether it will be disclosed it to anyone. If you have further questions regarding these privacy practices, please send email to info@garybaldwinphotography.com