Terms of service
OVERVIEW
This website is operated by Wayne Ford Studio. Throughout the site, the terms “we”, “us” and “our” refer to Wayne Ford Studio. Wayne Ford Studio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes to the extent permitted by applicable law.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms may result in termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason at any time.
You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information presented on this website is accurate, complete and current. However, we cannot guarantee that all information will always be free from errors or omissions.
The material on this site is provided for general information purposes. We reserve the right to modify the contents of this site at any time, subject to applicable law.
This site may contain historical information provided for reference or editorial purposes.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part of its content, at any time.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except as required by applicable law.
Changes to pricing will not affect orders already accepted and paid for, except where permitted by applicable law.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return + Refund Policy and applicable law.
We make every effort to display the colors, details and appearance of our photographic products as accurately as possible. However, variations in screen calibration, display settings and lighting conditions may affect how colors appear on your device.
Made-to-Order Photography
Photographic Editions, Pairings and Photographic Installations are produced to order and are final sale, whether framed or unframed, except in cases of damage, defects, incorrect fulfillment or where otherwise required by applicable law.
Small Print Sets, Posters and Publications
Small Print Sets, Posters, Zines and Publications may be returned within 30 days of delivery, subject to the conditions outlined in our Return + Refund Policy.
Product Availability
We reserve the right to limit the quantities of products or services offered, discontinue products or modify product descriptions and pricing at any time.
Certain photographic works may be offered as limited editions, open editions or other formats as specified on their individual product pages.
Any offer for a product or service made on this site is void where prohibited.
Intellectual Property
All photographs, artwork, publications, designs, text and other original creative content displayed or sold by Wayne Ford Studio remain the intellectual property of Wayne Ford Studio or their respective rights holders, unless expressly stated otherwise.
Purchasing a photographic print, publication or other physical product does not transfer copyright or grant reproduction, distribution, commercial usage or licensing rights.
Any commercial use, reproduction or licensing of photographic works requires prior written authorization from the appropriate rights holder.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel orders in accordance with applicable law.
We may, at our discretion, limit quantities purchased per person, household or order. These restrictions may include orders placed using the same customer account, credit card, billing address or shipping address.
If we modify or cancel an order, we may attempt to notify you using the email address or other contact information provided at checkout.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account information so that we can complete transactions and contact you when necessary.
For information about returns, exchanges and refunds, please review our Return + Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services over which we do not exercise direct control.
You acknowledge that such tools may be provided “as is” and “as available”, subject to the terms and conditions established by their respective providers.
Your use of optional third-party tools is at your discretion and subject to applicable law.
We may introduce additional services, features or resources through the website in the future. Such features will also be subject to these Terms of Service where applicable.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available through our website may include materials or links provided by third parties.
Third-party links may direct you to websites that are not affiliated with Wayne Ford Studio.
We are not responsible for the content, accuracy, privacy practices or policies of third-party websites.
We encourage you to review the terms, conditions and privacy policies of any third-party websites you visit.
Complaints or questions regarding products or services purchased directly from third parties should be directed to those providers.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit reviews, comments, feedback or other content through our website, you grant Wayne Ford Studio a nonexclusive, royalty-free permission to use, reproduce and display that content in connection with operating and promoting the Studio, subject to applicable law.
You retain ownership of your original content.
This permission does not extend to unsolicited creative proposals, photographs or other original works submitted for consideration unless separately agreed upon in writing.
We reserve the right to monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms of Service.
You agree that any comments or content you submit will not violate the rights of third parties, including copyright, trademark, privacy or other proprietary rights.
You also agree not to submit unlawful, abusive, misleading or malicious content.
You are responsible for the accuracy and legality of content you submit.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy, which is available through the Privacy Policy link in our website footer.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.
We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel orders where permitted by applicable law.
If an order is canceled after payment has been collected, we will issue an appropriate refund.
We undertake no obligation to update or clarify information on the website except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in unlawful acts;
(c) To violate any applicable laws or regulations;
(d) To infringe upon our intellectual property rights or the rights of others;
(e) To harass, abuse, threaten, defame, intimidate or discriminate against others;
(f) To submit false or misleading information;
(g) To upload or transmit viruses, malware or other malicious code;
(h) To collect or track the personal information of others without authorization;
(i) To spam, phish or engage in fraudulent activity;
(j) To interfere with the security or operation of the website;
(k) To reproduce, scrape or commercially exploit website content without authorization, except as permitted by applicable law.
We reserve the right to terminate or restrict access to the Service for violations of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that access to our website or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from use of the Service will always be accurate or reliable.
The website and Services are provided on an “as is” and “as available” basis, except as expressly stated by us or required by applicable law.
To the fullest extent permitted by applicable law, Wayne Ford Studio and its officers, employees, contractors, suppliers and service providers shall not be liable for indirect, incidental, special or consequential damages arising from use of the website or Services, including lost profits, lost revenue or loss of data.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, or affects any rights or remedies available to consumers under applicable law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Wayne Ford Studio and its affiliates, officers, employees, contractors, suppliers and service providers from third-party claims, damages, liabilities and reasonable legal expenses arising from your unlawful use of the Services, your breach of these Terms of Service or your violation of the rights of another party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed from these Terms.
The remaining provisions shall continue in full force and effect.
SECTION 16 - TERMINATION
These Terms of Service remain effective unless terminated by either you or Wayne Ford Studio.
You may terminate your use of the Services at any time by discontinuing access to the website.
We reserve the right to terminate or restrict access to the Services if you violate these Terms of Service.
Termination does not affect obligations or liabilities incurred before the termination date, including outstanding payment obligations.
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service, together with the policies and operating rules referenced on our website, constitute the agreement between you and Wayne Ford Studio regarding your use of the Services.
They supersede prior agreements or communications relating to the same subject matter, except where otherwise required by applicable law.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, except where applicable law requires otherwise.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting revisions to our website.
Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 20 - CONTACT INFORMATION
Questions regarding these Terms of Service may be directed to:
Wayne Ford Studio
Email: wayne@waynefordstudio.com