Terms of Service

Last updated: July 17, 2026

These Terms of Service ("Terms") govern your access to and use of av-photo.com and photos.av-photo.com (together, the "Site") and any purchase you make from us. The Site and store are operated by AV Photo LLC, a New Mexico limited liability company, doing business as "AV Photo" ("AV Photo," "we," "us," or "our"). By accessing the Site, placing an order, or otherwise using our services, you agree to these Terms. If you do not agree, please do not use the Site.

1. Eligibility

You must be at least the age of majority in your jurisdiction and able to form a legally binding contract to place an order. By purchasing, you represent that you meet these requirements and that the information you provide is accurate and complete.

2. Our products

We sell original fine-art photographic prints. All prints are made to order and produced and shipped on our behalf by our third-party print-fulfillment partner, Printful. Because prints are produced individually, slight variation is inherent to the printing process and is not a defect — meaning small shifts in color balance or contrast, and edge cropping of no more than a few percent of the image; a variation that materially changes the image is covered by the Limited Warranty in our Refund & Return Policy. Images displayed on the Site are watermarked for anti-theft purposes; the print you receive is printed from a clean, unwatermarked master.

3. Orders and acceptance

Your submission of an order is an offer to purchase. Our order confirmation email acknowledges receipt of your order but is not acceptance of it. We accept your order, and a contract is formed, when we begin production of your item(s) or ship them, whichever happens first. Until production begins you may cancel your order for a full refund, using the cancellation link in your order confirmation email or by emailing [email protected] (see our Refund & Return Policy). We may decline or cancel an order before shipment only where: (a) an item is unavailable; (b) we reasonably suspect fraud or an unauthorized transaction; (c) the shipping destination is outside the regions we serve (see Section 5); or (d) a clear pricing or product-description error has occurred. If we cancel an order before shipment and you have been charged, we will promptly issue a full refund of the amount charged. All prices are listed in U.S. dollars (USD). We reserve the right to correct errors and to change prices at any time before you place an order.

4. Pricing and payment

Payments are processed securely by Stripe. We do not collect, see, or store your full payment-card details; that information is provided directly to Stripe and handled under Stripe's terms and security standards. You are responsible for any applicable sales or use taxes; where we are required to collect tax, it will be shown at checkout before you pay. Submitting payment authorizes us (through Stripe) to charge the total shown for your order.

5. Shipping and delivery

Shipping, processing times, and delivery are governed by our Shipping Policy, which is incorporated into these Terms. We currently ship within the United States only.

6. Returns, refunds, and Limited Warranty

Returns, replacements, refunds, cancellations, and lost-package claims are governed by our Refund & Return Policy, which includes our Limited Warranty and is incorporated into these Terms. Because items are made to order, we do not accept returns for change of mind.

7. Intellectual property

All photographs, images, text, graphics, and other content on the Site are owned by AV Photo LLC and/or the photographers and are protected by copyright and other laws. Purchasing a print transfers ownership of the physical print only: you may display, gift, or resell the physical print itself. Purchase does not transfer copyright or grant any license to reproduce the image — you may not copy, scan, photograph for reproduction, digitize, create derivative works from, or commercially license the underlying image, and you may not remove or alter any watermark, copyright notice, or attribution.

Copyright complaints. If you believe content on the Site infringes your copyright, send a notice to [email protected] that includes: (a) identification of the copyrighted work you claim is infringed; (b) identification of the material you claim is infringing and where it appears on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.

8. Acceptable use

You agree not to: (a) copy, scrape, harvest, or download images except as expressly permitted; (b) circumvent or remove watermarks or security measures; (c) reproduce, redistribute, or commercially exploit the images (this does not limit your right to resell or gift the physical print you purchased); (d) interfere with or disrupt the Site; or (e) use the Site for any unlawful purpose.

9. Third-party services

We rely on third-party providers — including Stripe (payments), Printful (fulfillment), Resend (email), and Cloudflare (content delivery) — whose own terms and policies apply to their services. Links to third-party sites are provided for convenience and are not endorsements; we are not responsible for third-party content or practices.

10. Warranties and disclaimers

The Site itself (as distinct from the products we sell) is provided on an "as is" and "as available" basis. Products are covered by the Limited Warranty in our Refund & Return Policy. To the extent permitted by law, any implied warranties on products are limited in duration to the 30-day period of that Limited Warranty. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. Nothing in these Terms limits any warranty or remedy you are entitled to under applicable law. Color disclaimer: screen and monitor settings vary, and printed colors may differ from what you see on your device; such variation is not a defect. Our obligations for defective, damaged, or incorrect items are set out in our Refund & Return Policy.

11. Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to your purchase or use of the Site will not exceed the greater of (a) the amount you paid for the order giving rise to the claim and (b) $100. We will not be liable for any indirect, incidental, special, consequential, or punitive damages. Nothing in these Terms limits our liability for fraud, willful misconduct, gross negligence, personal injury caused by our negligence, or any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless AV Photo LLC, its owners, employees, contractors, and contributing photographers from third-party claims, damages, or expenses (including reasonable legal fees) arising from your violation of Section 7 or Section 8 of these Terms or your violation of applicable law. We will give you prompt written notice of any such claim, and we may, at our option, assume control of its defense and settlement (you may not settle a claim on our behalf without our written consent); you agree to cooperate reasonably in the defense.

13. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or your use of the Site will be brought in the state or federal courts located in New Mexico, except that (a) either party may bring an individual claim in small-claims court in the county where you reside, and (b) if you are a consumer in a jurisdiction whose law entitles you to bring proceedings in your local courts or under your local consumer protection law, nothing in this section deprives you of that right. Before filing a claim, you agree to give us 30 days to resolve the matter informally after emailing [email protected].

14. Force majeure

We will not be liable for delays or failures in performance caused by events beyond our reasonable control, including carrier disruptions or postal strikes, natural disasters, severe weather, labor disputes, government action, utility or network outages, or disruptions affecting our fulfillment or payment partners. If such an event materially delays your order, the delay-notice and cancellation provisions of our Shipping Policy apply.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be indicated by updating the "Last updated" date above and, where we have your email address in connection with a pending order, by reasonable notice. Changes apply prospectively only: the version of these Terms in effect when you placed your order governs that order.

16. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. These Terms, together with the policies referenced above, are the entire agreement between you and us regarding the Site and your purchases. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a transfer of our business.

Notices and electronic communications. You consent to receive transactional communications about your order electronically, at the email address you provide at checkout, and you agree that electronic notices and records satisfy any legal requirement that communications be in writing. Notices to us should be sent to [email protected].

Order of precedence. If these Terms conflict with the Shipping Policy, the Refund & Return Policy (including its Limited Warranty), or the Privacy Policy on a subject those documents specifically address, the specific policy governs that subject. Nothing in this paragraph limits any express warranty we have made or any right you have under applicable law.

17. Contact

Questions about these Terms? Email us at [email protected].

Notice to California residents: under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.