Terms of service

OVERVIEW

Welcome to DC Ward · Photographic Arts. The terms "I", "me" and "my" refer to DC Ward · Photographic Arts. I operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). This store is powered by Shopify.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using my Services, you agree to be bound by these Terms of Service and my Privacy Policy https://dcwardphoto.com/policies/privacy-policy. If you do not agree, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. To use the Services, you may be asked to provide certain information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – PRODUCTS

I have made every effort to accurately represent my products and services. However, colors and product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. Additionally, different print formats — including fine art paper, acrylic, and canvas — may render colors and contrast differently by nature of the medium. I do not warrant that the appearance or quality of any products will meet your expectations or match exactly what is depicted in my online store.

All product descriptions are subject to change at any time without notice at my sole discretion. I reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. I reserve the right to accept or decline your order for any reason at my discretion. Your order is not accepted until I confirm acceptance and receive payment. Please review your order carefully before submitting — because all products are made-to-order, I may be unable to accommodate cancellation requests after an order is accepted. If I do not accept, modify, or cancel an order, I will attempt to notify you using the contact information provided at the time of purchase.

Your purchases are subject to my Refund Policy https://dcwardphoto.com/policies/refund-policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

You agree to provide current, complete, and accurate payment and account information for all purchases. You represent and warrant that the credit card information you provide is true, correct, and complete; that you are authorized to use it; that charges will be honored by your credit card company; and that you will pay all charges incurred, including any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

I am not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. I am not responsible for delays caused by shipping carriers, customs processing, or events outside my control. Once products are transferred to the carrier, title and risk of loss passes to you.

SECTION 6 – INTELLECTUAL PROPERTY

All content on the Services — including but not limited to photographs, trademarks, text, graphics, video, and audio, and the design, selection, and arrangement thereof — is owned by DC Ward · Photographic Arts or its licensors and is protected by U.S. and foreign copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without my prior written consent. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by DC Ward · Photographic Arts.

The DC Ward · Photographic Arts name, logo, and related marks are my trademarks. You must not use them without my prior written permission. Shopify's name and marks are trademarks of Shopify Inc.

SECTION 7 – OPTIONAL TOOLS

You may have access to third-party tools through the Services, which I neither monitor nor control. Such tools are provided "as is" and "as available" without any warranties or endorsement. I have no liability arising from your use of optional third-party tools. Any use of these tools is entirely at your own risk, and you should review the terms of the relevant third-party provider before using them.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. I am not responsible for the content, accuracy, or practices of any third-party sites. If you leave the Services to access third-party content, you do so at your own risk. Complaints or questions regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

DC Ward · Photographic Arts is powered by Shopify. However, all sales and purchases are made directly with DC Ward · Photographic Arts. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and DC Ward · Photographic Arts, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with DC Ward · Photographic Arts.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to my Privacy Policy https://dcwardphoto.com/policies/privacy-policy. Certain information may also be subject to Shopify's Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services. Information you submit may be shared with Shopify and third parties in other countries in order to provide services to you. By using the Services, you acknowledge that you have read and understood these privacy policies.

SECTION 11 – FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant me a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including operating and improving the Services.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, and that your Feedback complies with these Terms. I am under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it. I may monitor, edit, or remove Feedback that I determine to be unlawful, offensive, or otherwise objectionable at my sole discretion. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. I reserve the right to correct any errors or inaccuracies and to change or update information or cancel orders at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon my intellectual property rights or those of others; (d) to harass, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material including spam or chain letters; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use of the Services or that may harm DC Ward · Photographic Arts, Shopify, or other users.

You also agree not to: (a) upload viruses or malicious code; (b) reproduce, duplicate, sell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any robot, spider, scraping tool, AI agent, or automated means to access the Services; or (e) interfere with or circumvent the security features of the Services. I reserve the right to suspend or terminate your account at any time, without notice, if I determine you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person without direct supervision.

14.2 No Agent may access the Services unless it identifies itself and operates in strict accordance with Section 14.4. No Agent may access the Services if I have requested it refrain from doing so.

14.3 I may limit, including by technical measures, whether and how any Agent accesses the Services.

14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or a computer; and (iv) not circumvent any measure intended to block or limit Agent access.

SECTION 15 – TERMINATION

I may terminate this agreement or your access to the Services at any time without notice at my sole discretion, and you will remain liable for all amounts due up to the date of termination. The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is for general information purposes only. I do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY DC WARD · PHOTOGRAPHIC ARTS, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. I DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, DC WARD · PHOTOGRAPHIC ARTS, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND THOSE OF SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DC Ward · Photographic Arts, Shopify, and my affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

I will notify you of any indemnifiable claim. I may control the defense and settlement of such claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the unenforceable portion severed from these Terms. Such determination shall not affect the validity or enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

My failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies posted on this site, constitute the entire agreement between you and me regarding your use of the Services and supersede any prior agreements, whether oral or written. Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations without my prior written consent; any such attempt will be null and void. I may transfer, assign, or delegate these Terms and my rights and obligations without consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where DC Ward · Photographic Arts is headquartered. You and DC Ward · Photographic Arts consent to venue and personal jurisdiction in such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

I reserve the right, at my sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to this page. It is your responsibility to check this page periodically for changes. I will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

DC Ward · Photographic Arts dcwardphoto@gmail.com