Terms of service
# TERMS OF SERVICE
## OVERVIEW
Welcome to **Luis Viquez Cannaphotography**. The terms "we", "us" and "our" refer to **Luis Viquez Cannaphotography**. We 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 fine art shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.
The below 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 these Terms of Service 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 our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
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## 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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the fine art prints or products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
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## SECTION 2 - OUR PRODUCTS & ARTWORK REPRESENTATION
We have made every effort to provide an extremely accurate representation of our photographic artwork, prints, and colors in our online store. However, please note that exact color rendition, brightness, or product appearance may differ slightly from how it appears on your screen due to your specific screen calibration, device display technology, and lighting conditions.
We do not warrant that the final appearance of any physical print will exactly match screen luminosity or meet subjective aesthetic expectations beyond our high archival printing standards.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any print or collection at any time and may limit the sales or quantities of any products to any person, geographic region, or jurisdiction on a case-by-case basis.
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## SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. **Luis Viquez Cannaphotography** reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance and process payment.
Please review your order carefully before submitting, as all our artwork is custom printed to order and we may be unable to accommodate cancellation requests once production has commenced. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to replacement or return solely in accordance with our **Returns & Refund Policy**.
You represent and warrant that your purchases are for your own personal or household decoration/use and not for unauthorized commercial reproduction, digital resale, or export without express written licensing agreements from **Luis Viquez Cannaphotography**.
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## SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for an art piece or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card/payment method, (iii) charges incurred by you will be honored by your financial institution, and (iv) you will pay charges incurred by you at the posted prices, including shipping, handling, and all applicable taxes or tariffs.
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## SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events outside our control. Once we transfer physical products to the courier, title and risk of loss pass to you. Damage occurring during transit must be reported according to our **Returns & Refund Policy**.
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## SECTION 6 - INTELLECTUAL PROPERTY & COPYRIGHT
Our Services, including but not limited to all photographic works, macro images, artwork, digital files, designs, text, displays, graphics, logos, video, audio, and the selection and arrangement thereof, are owned exclusively by **Luis Viquez Cannaphotography** and are strictly protected by international copyright, trademark, and intellectual property laws.
**Purchasing a physical print or canvas does NOT grant you copyright, commercial reproduction rights, or licensing rights to the underlying photography.**
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, scan, digitize, or transmit any of our artwork or site content without prior written consent from **Luis Viquez Cannaphotography**. Unauthorized commercial use, reproduction, or redistribution of our photography constitutes direct copyright infringement and legal action will be pursued.
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## SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
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## SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase of products or services on third-party sites. Please review carefully the third party's policies before engaging in any transaction.
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## SECTION 9 - RELATIONSHIP WITH SHOPIFY
**Luis Viquez Cannaphotography** 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 **Luis Viquez Cannaphotography**. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and **Luis Viquez Cannaphotography**, including any 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 transactions with us.
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## SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy and Shopify's Privacy Policy.
Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties (such as print partners and shipping carriers) in order to fulfill your orders.
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## SECTION 11 - FEEDBACK AND REVIEWS
If you submit artwork reviews, comments, photos, suggestions, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display such Feedback in any medium for promotional or marketing purposes (including displaying customer reviews on our site and social channels).
You represent and warrant that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or personal rights. You are solely responsible for any Feedback you post.
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## SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions relating to product descriptions, dimensions, pricing, promotions, shipping charges, or transit times. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
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## SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services:
(a) for any unlawful purpose;
(b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(c) to harass, abuse, insult, harm, or defame;
(d) to transmit false or misleading information;
(e) to scrape, copy, or unauthorizedly download high-resolution artwork or images from our catalog;
(f) to upload viruses or malicious code; or
(g) to interfere with or bypass the security features of the site.
We reserve the right to terminate your access to the Services for violating any prohibited uses.
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## SECTION 14 - AGENTS & AUTOMATED ACCESS
14.1 This section applies if you use or deploy an Agent (software/bot taking automated action) to access our Services.
14.2 No Agent may access or scrape our Services unless it identifies itself clearly ("Agent/[agent name]") and operates in accordance with section 14.4.
14.3 We reserve the right to limit or block automated agents from accessing our artwork gallery.
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## SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice if you fail to comply with any term or provision of these Terms of Service. Provisions relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Governing Law shall survive termination.
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## SECTION 16 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
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## SECTION 17 - LIMITATION OF LIABILITY
IN NO CASE SHALL **Luis Viquez Cannaphotography**, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PROCURED USING THE SERVICES.
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## SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless **Luis Viquez Cannaphotography**, Shopify, and our partners, officers, employees, and service providers from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or third-party rights.
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## SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of remaining provisions.
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## SECTION 20 - 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 jurisdiction in which **Luis Viquez Cannaphotography** operates.
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## SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at **luiscannaphoto@gmail.com**.