Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to FinePhoto.Art. The terms “we,” “us,” and “our” refer to FinePhoto.Art. FinePhoto.Art operates 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.

FinePhoto.Art is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced here, describe your rights and responsibilities when you use this website or purchase from FinePhoto.Art.

Please read these Terms of Service carefully. By visiting, interacting with, or using FinePhoto.Art, you agree to be bound by these Terms of Service and our Privacy Policy, available at /policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access this website.

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, province, or country of residence, or that you have given us your consent to allow any minor dependents to use this website on devices you own, purchase, or manage.

To use the Services, including browsing the online store or purchasing any products or services offered by FinePhoto.Art, you may be asked to provide certain information, including your email address, billing information, payment information, shipping information, and contact details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2. OUR PRODUCTS

FinePhoto.Art offers archival, signed, editioned, framed, unframed, and provenance-supported photographic works. We make reasonable efforts to describe artworks accurately, including title, artist, medium, edition information, size, certificate status, provenance materials, framing status, and other relevant details where available.

Colors, surface appearance, scale, frame appearance, matting, and product images may differ from how they appear on your screen due to device type, display settings, lighting, photography, and image rendering.

We do not warrant that the appearance or quality of any product purchased by you will exactly match how it appears on your device screen. Product descriptions, availability, and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3. ORDERS

When you place an order, you are making an offer to purchase. FinePhoto.Art reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until FinePhoto.Art confirms acceptance. We must receive and process payment before an order is accepted.

Please review your order carefully before submitting. FinePhoto.Art may be unable to accommodate cancellation requests after an order is accepted, prepared for shipment, framed, packed, or transferred to a carrier.

If we do not accept, change, or cancel an order, we will attempt to notify you by contacting the email address, billing address, phone number, or other contact information provided at the time the order was placed.

Purchases are subject to return or refund solely in accordance with our Refund Policy, available at /policies/refund-policy, and our Shipping & Returns page, available at /pages/shipping-returns.

Unless otherwise agreed in writing, purchasing an artwork from FinePhoto.Art gives you ownership of the specific physical print purchased. It does not transfer copyright, reproduction rights, publication rights, licensing rights, or other intellectual property rights in the underlying image. This does not prevent ordinary resale of the specific physical print you purchased, subject to applicable law and to the preservation of accompanying documentation.

SECTION 4. PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product 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 applicable taxes, customs duties, import charges, special handling, framing, or other charges that may apply to a specific order. Standard shipping is included on FinePhoto.Art orders.

Prices posted on FinePhoto.Art may differ from prices offered by third parties, other galleries, marketplaces, or physical stores.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all purchases made through FinePhoto.Art. You agree to promptly update your account and contact information, including email address, payment information, billing address, and shipping address, so that we can complete transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct, complete, and authorized for your use, and that you will pay all charges incurred at the posted prices, including applicable taxes and any other applicable charges.

SECTION 5. SHIPPING AND DELIVERY

Standard shipping is included on FinePhoto.Art orders unless otherwise stated. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather, incorrect delivery information, failed delivery attempts, or events outside our control.

High-value, framed, oversized, or specially handled works may require additional preparation time, insured shipment, signature confirmation, or delivery coordination. FinePhoto.Art may contact the collector before shipment to confirm delivery details, shipping address, and special handling requirements.

Please review our Shipping & Returns page, available at /pages/shipping-returns, for additional shipping, delivery, damage, return authorization, and documentation requirements.

SECTION 6. INTELLECTUAL PROPERTY

FinePhoto.Art sells physical photographic works, not image rights.

All content on FinePhoto.Art, including but not limited to text, design elements, layout, graphics, product descriptions, photographs of documentation, website imagery, page structure, branding, and other materials, is owned by FinePhoto.Art, its affiliates, licensors, or applicable rights holders, and is protected by copyright, trademark, and other intellectual property laws.

The sale of a photographic print does not convey, transfer, or imply ownership of copyright, licensing rights, publication rights, reproduction rights, or other intellectual property rights in the underlying image. Copyright and intellectual property rights remain with the applicable rights holders unless expressly transferred in a separate written agreement.

You may not copy, scan, reproduce, publish, license, merchandise, distribute, mint, scrape, download, store, transmit, publicly display, publicly perform, or commercially exploit any artwork image or website material without written permission from FinePhoto.Art or the applicable rights holder.

Purchasing a print does not grant the right to create posters, digital files, NFTs, advertising materials, books, apparel, commercial displays, social media campaigns, or any other reproduction or derivative use of the image.

Historical commentary, artist names, subject names, publication references, collection references, archive references, trademarks, and other identifying information are used to identify and contextualize works. Such use is not intended to assert ownership of any third-party trademark, copyright, name, likeness, or intellectual property right.

For additional information, see Rights of Purchase & Image Use at /pages/rights-of-purchase-and-image-use.

SECTION 7. OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services. We do not monitor, control, or have input over all third-party tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion. You should make sure you understand and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new features, tools, or resources through the Services in the future. Such new features shall be deemed part of the Services and subject to these Terms of Service.

SECTION 8. THIRD-PARTY LINKS

The Services may contain materials or links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content, accuracy, policies, products, or services of third-party materials or websites.

If you leave FinePhoto.Art to access third-party materials or websites, you do so at your own risk. We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9. RELATIONSHIP WITH SHOPIFY

FinePhoto.Art is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through FinePhoto.Art are made directly with FinePhoto.Art.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and FinePhoto.Art, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with FinePhoto.Art.

SECTION 10. PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available at /policies/privacy-policy, and certain personal information may be subject to Shopify’s Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you.

By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 11. FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, testimonials, or other content, collectively “Feedback,” you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, that you have disclosed any compensation or incentives received in connection with your Feedback, and that your Feedback will comply with these Terms.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback. We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or in violation of any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 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, provenance summaries, image details, pricing, promotions, offers, shipping information, transit times, availability, or other content.

We reserve the right to correct errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.

SECTION 13. PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable law, regulation, rule, ordinance, or third-party right;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any person;
(e) to transmit false or misleading information;
(f) to upload or transmit viruses, malware, or malicious code;
(g) to send spam, phishing, pharming, pretexting, or other harmful communications;
(h) to impersonate any person or entity;
(i) to scrape, extract, harvest, copy, or collect website content, images, product data, pricing, customer information, or other data without authorization;
(j) to use automated tools, bots, spiders, crawlers, scrapers, AI agents, or data extraction tools to access the Services without authorization; or
(k) to interfere with, bypass, or circumvent security features, access controls, robot exclusion headers, or other measures used to protect the Services.

We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated these Terms.

SECTION 14. AGENTS AND AUTOMATED ACCESS

This section applies if you use, allow, enable, or cause the deployment of any agent, bot, crawler, scraper, software, service, AI agent, or automated system to access, use, or interact with the Services.

No automated agent may access, use, scrape, copy, extract, or interact with the Services unless expressly authorized by FinePhoto.Art in writing. We may limit, block, or control whether and how any automated system accesses or interacts with the Services.

Automated systems must not conceal or obfuscate their nature, mimic human behavior to avoid detection, circumvent CAPTCHAs, bypass technical measures, or ignore requests to refrain from accessing the Services.

SECTION 15. TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The provisions relating to intellectual property, feedback, termination, disclaimer of warranties, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and any provisions that by their nature should survive termination will continue to apply after termination.

SECTION 16. DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information, cataloging, educational, and collector reference purposes. We do not warrant the accuracy, completeness, or usefulness of all information, and any reliance you place on such information is at your own risk.

Except as expressly stated by FinePhoto.Art in writing, the Services and all products offered through the Services are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions limit or do not allow disclaimers of implied warranties, so some of the above disclaimers may not apply to you.

SECTION 17. LIMITATION OF LIABILITY

To the fullest extent permitted by law, FinePhoto.Art, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, and Shopify’s affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services.

This includes, without limitation, any claim related to errors or omissions in content, delays, interruptions, loss or damage arising from use of the Services, or any product made available through the Services, even if advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations may not apply to you.

SECTION 18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FinePhoto.Art, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, demands, judgments, or expenses, including reasonable attorneys’ fees, arising out of or related to:

(1) your breach of these Terms of Service or any documents they incorporate by reference;
(2) your violation of any law or the rights of a third party;
(3) your access to or use of the Services;
(4) your misuse of any artwork image, website content, product information, or intellectual property; or
(5) any Feedback or content you submit.

We may control the defense and settlement of any claim subject to indemnification, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You agree to cooperate in the defense of indemnified claims, including by providing relevant documents and information.

SECTION 19. SEVERABILITY

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

SECTION 20. WAIVER AND ENTIRE AGREEMENT

The failure of FinePhoto.Art to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by FinePhoto.Art constitute the entire agreement and understanding between you and FinePhoto.Art and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21. ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

FinePhoto.Art may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.

SECTION 22. GOVERNING LAW

These Terms of Service and any separate agreements whereby FinePhoto.Art provides Services shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

You and FinePhoto.Art consent to venue and personal jurisdiction in the state or federal courts located in California for disputes arising out of or relating to these Terms or the Services, except where prohibited by applicable law.

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

You can review the most current version of the Terms of Service on this page at any time.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check the website periodically for changes. We will notify you of material changes to these Terms where required by applicable law.

Your continued use of or access to 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:

FinePhoto.Art
hello@finephoto.art
United States