Terms of service

OVERVIEW
Welcome to Garrett Schmid Ocean Photography. The terms “we,” “us,” and “our” refer to Garrett Schmid Ocean Photography. We operate this store and website, including related information, content, features, tools, products, and services (the “Services”), to offer fine art photography prints for purchase. This store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these “Terms”), describe your rights and responsibilities when you use the Services. Please read them carefully. By visiting, interacting with, or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use or access the Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have consented to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, you may be asked to provide information such as your email address and billing, payment, and shipping details. You represent that this information is correct, current, and complete, and that you have the right to provide it.

You are responsible for maintaining the security of any account credentials and for activity on your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
We sell made-to-order fine art photography prints (including metal and framed paper options). Prints are produced and fulfilled by Lumaprints, a third-party print lab. Nothing is pre-stocked for sale from our inventory.

We aim to represent products accurately. Colors and appearance may differ from your screen because of device type and settings. We do not warrant that any print will exactly match on-screen appearance or meet every subjective expectation.

Product descriptions, sizes, materials, pricing, and availability may change without notice. We may discontinue any product or limit quantities by person, region, or jurisdiction.

SECTION 3 - ORDERS
Placing an order is an offer to purchase. We may accept or decline an order for any reason. An order is not accepted until we confirm acceptance and payment has been received and processed. Please review your order carefully before submitting; because prints are made to order, we may be unable to cancel after acceptance or once production has begun.

If we do not accept, change, or cancel an order, we will attempt to notify you using the contact information provided at checkout.

Purchases are subject to our Return and Refund Policy. You represent that purchases are for personal or household use and not for commercial resale or export, unless we agree otherwise in writing.

SECTION 4 - PRICES AND BILLING
Prices and promotions may change without notice. The price charged is the price in effect when you place the order, as shown in your order confirmation. Unless expressly stated, posted prices do not include taxes or any applicable customs or import charges.

Where offered, standard U.S. shipping may be included in the purchase price (“Free U.S. shipping”). Shipping terms for destinations outside any free-shipping offer, if available, will be shown at checkout.

You agree to provide current, complete, and accurate purchase and payment information, and to keep it updated as needed. You represent that you are authorized to use the payment method provided and that you will pay all charges incurred, including applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
Orders are printed and shipped by Lumaprints. Production typically takes a few business days, and U.S. transit times vary by destination and carrier. All delivery times are estimates only and are not guaranteed.

We are not liable for delays caused by the print lab, shipping carriers, customs, or events outside our reasonable control. Once products are transferred to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY
Photographs and other content on the Services—including images, text, graphics, and design—are owned by Garrett Schmid Ocean Photography or its licensors and are protected by copyright and other intellectual property laws.

These Terms allow personal, non-commercial use of the Services only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download (except as the site expressly permits for browsing), store, or transmit any material from the Services without our prior written consent. Purchasing a print does not transfer copyright in the underlying photograph; you receive the physical print you ordered.

Unauthorized use may violate intellectual property laws. All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools as part of the Services. We do not control those tools and provide access “as is” and “as available,” without endorsement. Use of optional third-party tools is at your own risk and subject to the third party’s terms.

SECTION 8 - THIRD-PARTY LINKS
The Services may include links or embedded content from third parties (including our print partner). We are not responsible for third-party sites or materials. Access them at your own risk and review their policies before transacting with them.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Garrett Schmid Ocean Photography is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Garrett Schmid Ocean Photography. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Garrett Schmid Ocean Photography, including any injury, damage, or loss resulting from purchased products and 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 Garrett Schmid Ocean Photography.

SECTION 10 - PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy and, where applicable, Shopify’s Privacy Policy. Because the Services are hosted by Shopify, information you submit may be processed by Shopify and service providers (including our print fulfillment partner) as needed to fulfill orders and operate the store.

SECTION 11 - FEEDBACK
If you submit feedback, reviews, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial use related to the Services. You represent that you have the rights to submit the Feedback and that it does not violate these Terms or third-party rights. We have no obligation to keep Feedback confidential, pay for it, or respond to it.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may contain errors or omissions related to descriptions, pricing, shipping, or availability. We may correct errors and update information or cancel orders if information is inaccurate, including after you submit an order.

SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to violate laws, infringe intellectual property, harass others, transmit malware, scrape or harvest data, impersonate others, spam, or interfere with the operation or security of the Services. We may suspend or terminate access if we believe you have violated these Terms.

SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person’s device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for amounts due through the date of termination. Provisions that by their nature should survive (including intellectual property, feedback, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY Garrett Schmid Ocean Photography, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT THESE DISCLAIMERS, SO THEY MAY NOT FULLY APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Garrett Schmid Ocean Photography AND ITS PARTNERS, AFFILIATES, AGENTS, AND SERVICE PROVIDERS (AND THOSE OF SHOPIFY AND ITS AFFILIATES) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless Garrett Schmid Ocean Photography, Shopify, and our respective affiliates, officers, directors, employees, agents, and service providers from claims and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of law or third-party rights, or your use of the Services.

SECTION 19 - SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision is not a waiver. These Terms and related store policies are the entire agreement between you and us regarding the Services.

SECTION 21 - ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign them without notice.

SECTION 22 - GOVERNING LAW
These Terms are governed by the laws applicable in the State of California, USA, without regard to conflict-of-law rules. You consent to venue in the state or federal courts located in California, unless applicable law requires otherwise.

SECTION 23 - HEADINGS
Headings are for convenience only and do not affect interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms by posting a revised version on this page. Material changes will be effective as stated in the notice or as required by law. Continued use of the Services after changes take effect constitutes acceptance.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms: garrettsschmid@gmail.com

Garrett Schmid Ocean Photography
Santa Cruz, California, USA
garrettsschmid@gmail.com