Terms of service

OVERVIEW

Welcome to Falcon Pass Studio. The terms “we,” “us,” and “our” refer to Falcon Pass Studio. We operate this website and store, including related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify.

These Terms of Service, together with the policies referenced below, describe the terms applicable to your use of the Services.

By visiting or using the Services, you agree to these Terms of Service. Our collection and use of personal information are described in our Privacy Policy.

SECTION 1 – ACCESS AND ACCOUNT

You must be at least the age of majority in your state of residence to place an order or create an account.

You agree to provide accurate, current, and complete contact, billing, payment, and shipping information. You must be authorized to use any payment method you provide.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account. Please contact us promptly if you suspect unauthorized access.

SECTION 2 – OUR PRODUCTS

Falcon Pass Studio offers photographic and watercolor-derived artwork in the formats described on individual product pages.

We make reasonable efforts to represent our artwork accurately. Colors and appearance may vary with screen settings, lighting, paper texture, and the printing process. Product pages identify the applicable dimensions, presentation, and included framing or matting.

Product descriptions, availability, and offerings may change. Changes do not alter the agreed specifications of an order already accepted.

We may discontinue products or limit quantities offered. Questions about an artwork’s appearance, size, or presentation should be directed to info@falconpassstudio.com before ordering.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. We may accept or decline an order because of availability, payment issues, suspected fraud, an error in the listing, or another reasonable business reason.

Please review your selections, contact information, and shipping address before submitting an order. Contact us promptly if you need to request a change or cancellation. We may be unable to accommodate changes once preparation or shipment has begun.

If we decline or cancel an order for which payment has been collected, we will refund the payment. We will contact you using the information supplied with your order if a material change requires your approval.

Returns and exchanges are governed by our Returns and Refunds Policy, subject to applicable consumer rights.

Retail partnership, wholesale, and consignment purchases may be governed by separate written agreements with Falcon Pass Studio.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change. The price applicable to your order is the price displayed at checkout when you place the order, subject to correction of errors as described in Section 12.

Unless expressly stated otherwise, listed product prices do not include shipping or applicable taxes. Applicable charges are displayed at checkout before you submit payment.

Prices offered through retail partners or other sales channels may differ from website prices. Promotions may have separate terms; those terms govern the applicable promotion.

You agree to provide accurate purchase and payment information and to pay the total amount authorized at checkout.

SECTION 5 – SHIPPING AND DELIVERY

We currently ship only to addresses within the United States that are supported by our checkout shipping options. International shipping is not offered.

Preparation times, shipping options, and charges are described in our Shipping Policy and, where applicable, on individual product pages.

Delivery estimates are not guaranteed. Delays may occur due to carriers, weather, or other circumstances outside our control. If a significant delay arises during preparation, we will contact you about the available options.

If your order is delayed, missing, damaged, or incorrect, contact info@falconpassstudio.com so we can investigate and arrange an appropriate resolution.

Damaged, defective, and incorrect items are handled in accordance with our Returns and Refunds Policy. Please retain the artwork and packaging while we resolve a damage report.

SECTION 6 – INTELLECTUAL PROPERTY

Artwork, photographs, text, graphics, logos, videos, and other original materials on the Services are owned by Falcon Pass Studio or their respective rights holders.

Purchasing a print or framed artwork transfers ownership of the physical item only. Copyright and reproduction rights remain with Falcon Pass Studio or the applicable rights holder. A purchase does not grant permission to reproduce the artwork, distribute copies, create derivative works, or commercially license the image.

You may browse the website and share links to our pages. Reproduction or commercial use of our artwork, photography, branding, or other original content requires prior written permission, except as permitted by applicable law.

Falcon Pass Studio’s names, logos, designs, and slogans may not be used in a manner that implies an unauthorized affiliation or endorsement. Shopify’s trademarks and third-party trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

The Services may provide access to tools operated by third parties. We do not control those tools and provide access to them on an “as is” and “as available” basis, to the extent permitted by law.

Your use of optional third-party tools is subject to the relevant provider’s terms. Please review those terms before using the tools.

New features offered through our website will also be subject to these Terms unless separate terms are provided.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or embedded third-party features. We do not control those websites or independently verify all their content.

Please review the policies and terms of any third-party website you visit. Questions regarding purchases made directly from another business should be directed to that business.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Falcon Pass Studio 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 Falcon Pass Studio. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Falcon Pass Studio, 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 Falcon Pass Studio.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled as described in our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

Because Shopify hosts our store, it collects and processes information associated with your use of the Services. Information may be shared with Shopify and service providers, including providers located outside your state or country, as described in the applicable privacy policies.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit a review, suggestion, or other feedback intended for publication or improvement of the Services, you grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, publish, and display that content to operate, improve, and promote our business.

This permission does not authorize us to publish private order correspondence or personal information contrary to our Privacy Policy.

You are responsible for the accuracy of your submissions and for obtaining any necessary permissions. Reviews should reflect your actual experience, and any compensation or incentive should be disclosed.

Submissions must not infringe another person’s rights, contain unlawful or abusive material, misrepresent your identity, or include malicious code.

We may remove content that violates these Terms. We are not obligated to pay for unsolicited feedback or respond to every submission.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain errors relating to descriptions, pricing, promotions, shipping charges, preparation times, or availability.

We may correct such errors. If an error materially affects an order already placed, we will contact you to explain the correction and seek your agreement where appropriate, or cancel the order and refund any payment collected.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services to commit fraud, infringe intellectual property rights, harass others, impersonate another person, submit deliberately false information, send unsolicited advertising, collect personal information without authorization, or distribute malicious software.

You must not interfere with the operation or security of the Services, bypass access restrictions, or reproduce or exploit website content without authorization.

We may restrict or terminate access when reasonably necessary to address a violation of these Terms or protect the Services and their users.

SECTION 14 – AUTOMATED AGENTS

An “Agent” is software or a service that takes autonomous or semi-autonomous actions on a user’s behalf.

Agents accessing the Services must identify themselves, comply with applicable access restrictions, and stop accessing the Services when instructed by us.

Agents must not conceal their automated nature, circumvent CAPTCHAs or security measures, or misrepresent their identity when asked whether an interaction is automated.

We may limit or block automated access to protect the operation and security of the Services. Any automated purchase remains subject to these Terms and must be authorized by the purchaser.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services for violations of these Terms, misuse, security concerns, or other reasonable business reasons.

Termination does not eliminate obligations relating to accepted orders or accrued payments, or applicable rights to refunds and other remedies.

Provisions that by their nature should continue after termination—including intellectual property, privacy, limitations of liability, dispute provisions, and applicable payment obligations—will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

We do not guarantee that the website will operate continuously or without errors.

Except for express commitments made in our product descriptions and published policies, and to the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Nothing in these Terms overrides our Returns and Refunds Policy or excludes warranties or consumer rights that cannot lawfully be excluded.

SECTION 17 – LIMITATION OF LIABILITY

To the extent permitted by applicable law, Falcon Pass Studio and its service providers will not be liable for indirect, incidental, special, or consequential losses arising from use of the Services, including lost profits, lost business opportunities, or loss of data.

These limitations do not restrict our express obligations under accepted orders and published policies, or liability and remedies that cannot lawfully be excluded or limited.

SECTION 18 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Falcon Pass Studio and its service providers against third-party claims and reasonable related costs resulting from your unlawful use of the Services, infringement of another person’s rights, or material violation of these Terms.

We will provide notice of any claim for which we seek indemnification and reasonably cooperate in its resolution. This provision does not require you to indemnify us for our own unlawful conduct.

SECTION 19 – SEVERABILITY

If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Failure to enforce a provision of these Terms does not waive the right to enforce it later.

These Terms, the policies referenced in them, and any applicable written agreement constitute the agreement governing your use of the Services and purchases from Falcon Pass Studio.

A separate written wholesale, retail partnership, consignment, or commissioned-artwork agreement governs its subject matter if its terms conflict with these general Terms.

SECTION 21 – ASSIGNMENT

You may not transfer your contractual obligations under these Terms without our written consent.

We may transfer these Terms in connection with a business transfer or restructuring, subject to applicable law. Such a transfer will not reduce your existing rights relating to accepted orders.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws of the State of Oklahoma and applicable federal law, subject to any mandatory consumer protections that apply to you.

Subject to applicable law, disputes relating to these Terms will be brought in a state or federal court with appropriate jurisdiction in Oklahoma.

SECTION 23 – HEADINGS

Section headings are provided for convenience and do not change the meaning of these Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

The current version of these Terms is available on this page.

We may update these Terms to reflect changes to our business, Services, or applicable requirements. Material changes will be communicated where required by law.

Changes apply prospectively and do not alter the agreed terms of an existing order without your consent, except where required by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be directed to:

Falcon Pass Studio
18067 E Falcon Pass
Owasso, OK 74055
United States

Email: info@falconpassstudio.com
Phone: 918-550-3093

Please obtain return approval and shipping instructions before sending artwork to this address.