Terms of Service

Last Updated: May 19, 2025

Introduction

Welcome to David Howland Photo. These Terms of Service (“Terms”) govern your use of davidhowlandphoto.com (the “Site”) and the purchase of products and services offered through the Site. By accessing or using the Site, you agree to be bound by these Terms and all applicable laws and regulations.

Use of Site

Permitted Use

You may access and use our Site for your personal, non-commercial use. This includes viewing our photography portfolio, reading blog content, and purchasing products.

Prohibited Activities

You agree not to:

• Use the Site in any way that violates any applicable laws or regulations
• Attempt to interfere with the proper functioning of the Site
• Engage in any data mining, data harvesting, or other systematic extraction of data
• Use the Site to transmit malicious software or code
• Attempt to gain unauthorized access to any portion of the Site
• Use the Site in any manner that could disable, overburden, or impair the Site

Intellectual Property

Copyright

All content on this Site, including photographs, images, text, graphics, logos, and design, is the property of David Howland Photo and is protected by United States and international copyright laws. All rights reserved.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal, non-commercial purposes.

Restrictions

You may not:

• Reproduce, duplicate, or copy any content from the Site without express written permission
• Use any photographs or images from the Site for any purpose without purchasing the appropriate license or obtaining written permission
• Modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, or in any way exploit any of the content on the Site

Product Purchases

Ordering

When you place an order through our Site, you are offering to purchase a product. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or problems identified by our payment processor.

Pricing and Payment

All prices are in US Dollars unless otherwise specified. Prices are subject to change without notice. Payment is processed securely through Stripe, and we do not store your credit card information on our servers.

Refunds and Returns

Our refund and return policy is available at /policies/refund-policy/. By making a purchase, you agree to the terms outlined in that policy.

Shipping

Information about shipping methods, timeframes, and costs is available at /policies/shipping-policy/. By making a purchase, you agree to the terms outlined in that policy.

User-Generated Content

If you submit comments, reviews, or other content to our Site (such as through comment forms or contact forms), you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media.

You represent and warrant that:

• You own or control all rights to the content you submit
• The content is accurate and not misleading
• The content does not violate these Terms, applicable laws, or the rights of any third party

We have the right, but not the obligation, to monitor, edit, or remove any content submitted to the Site.

Privacy

Your use of the Site is also governed by our Privacy Policy, available at /policies/privacy-policy/. By using the Site, you consent to the practices described in that policy.

Disclaimers

Site Content

The content on our Site is provided for general information purposes only. While we strive to provide accurate information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Site or the information contained on it.

Product Representation

We make every effort to display the colors and features of our products accurately. However, we cannot guarantee that your computer or device’s display of any color will be accurate. Photographs are representative of the products, but the actual product may vary slightly from the images shown.

As-Is Basis

The Site and all products and services offered through it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall David Howland Photo, its owners, employees, contractors, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with:

• Your use of or inability to use the Site
• Any products purchased through the Site
• Any content on the Site or any linked website

This limitation applies regardless of whether such damages are based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless David Howland Photo, its owners, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to:

• Your use of the Site
• Any violation of these Terms
• Any content you submit to the Site

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any dispute arising under or relating to these Terms shall be resolved exclusively in the federal or state courts located in Massachusetts.

Changes to Terms

We reserve the right to modify these Terms at any time. The most current version will always be posted on this page, with the “Last Updated” date at the top. Your continued use of the Site after any changes to the Terms constitutes your acceptance of such changes.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Mail:
David Howland Photo
3230 Main St #1267
Barnstable, MA 02630