Last Updated: September 4, 2013

TERMS AND CONDITIONS

Thank you for visiting. Please be aware that this website, www.gilmanstudios.com (the “Site”) is operated by Gilman Studios LLC (“Gilman Studios”) a New York Limited Liability Company.  Throughout the Site, the terms “we,” “us,” and “our” refer to Gilman Studios.

By accessing and using this Site, you are subject to the following terms (“Terms and Conditions”) and will comply with all applicable laws and regulations. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. If you do not agree with these Terms and Conditions, do not access or otherwise use any of the materials or information on this Site. By entering and using this Site, you are affirmatively stating that you have read and understand the terms set forth herein and are affirmatively indicating that you accept the Terms and Conditions. The Terms and Conditions may be updated by us, in our sole discretion, with or without notice. Your continued use of this Site indicates acceptance of any modifications to the Terms and Conditions. Squarespace, Inc. who provides hosting services to this Site, is a third party beneficiary has the right to enforce these Terms and Conditions on our behalf.

COPYRIGHTS, USE OF MATERIALS AND FAIR USE

The copyright in all materials provided on this website is held by Gilman Studios or by the original creator of the material. All rights not expressly granted are reserved. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Gilman Studios and are protected by U.S. and international copyright laws. You may not tamper with any watermarks, copyright notices or metadata contained in any of the images. Any use of the materials on this Site, including but not limited to reproduction, modification, distribution, and republication without the prior written consent of the owner of the copyright, or Gilman Studios is strictly prohibited. Any commercial use without our written consent is not allowed.

Fair use of copyrighted material is allowed for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. For such purposes, no prior written consent is needed but any citation must cite the author and source of this material as they would material from any printed work.

TRADEMARKS

The trademarks, service marks, designs and logos (collectively, the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Gilman Studios. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Gilman Studios intellectual property displayed on this website without prior written permission from us.

PRIVACY

We respect your concerns about privacy.  The Privacy Policy explains how we protect personal information you provide to us on this Website, if any, and describes the choices you have concerning our use of such information. Here is our Privacy Policy .

USER CONDUCT AND SUBMISSIONS

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You agree to provide current, complete and accurate purchase and account information for all purchases made through this Site. You must be at least eighteen years old to purchase items from this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. You may not access or tamper with nonpublic areas of the Site or its computer systems. Unauthorized actions may be prosecuted to the full extent under the law.

If you do submit material (i.e. feedback and comments), and unless we indicate otherwise, you grant Gilman Studios a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. Any  unsolicited material you submit to us will be treated as non-proprietary.

ACCURACY OF INFORMATION AND ACCESS TO THIS WEBSITE

Information provided on this Site may not be completely accurate at all times and prices may change without notice being given. We may alter, suspend or discontinue this website and your access to use this Site at any time for any reason without notice or liability to you or any third party. We reserve the right to refuse any order you place with us and we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user's systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user's systems, software or data.

THIRD PARTY WEBSITES AND LINKS

This Site may contain links to other websites, some of which are operated by Gilman Studios and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other websites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. Gilman Studios is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

INFRINGEMENT NOTICE

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:

P.O. Box # 397

Pound Ridge, NY 10576

or by phone at: (914) 420-0107 

You must provide the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Gilman Studios is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

DISCLAIMER OF WARRANTIES

GILMAN STUDIOS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. GILMAN STUDIOS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GILMAN STUDIOS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

LIMITATION OF LIABILITY

NEITHER GILMAN STUDIOS, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE,  AND/OR CONTENT.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gilman Studios and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms and Conditions. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Gilman Studios reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Gilman Studios in the defense of such matter.

GOVERNING LAW

This Site is operated by Gilman Studios in the State of New York. The laws of the State of New York will govern all terms, conditions and disclaimers on this Site, without giving effect to any principles of conflicts of laws.

SEVERABILITY AND WAIVER

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. Gilman Studio’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Gilman Studios.

ENTIRE AGREEMENT

The above stated terms represent the entire agreement between each user of the Site and Gilman Studios. The Terms and Conditions, Privacy Policy and other legal documents constitute the entire agreement. The Terms and Conditions herein supersede any prior statements or representations between you and us. The above stated Terms and Conditions are subject to change, by Gilman Studios in its sole and absolute discretion.