Terms of service
OVERVIEW
Welcome to Unique Portrait! The terms “we”, “our” and “us” refer to Unique Portrait. Unique Portrait operates this store and website, including all information, content, features, tools, products and related services, in order to offer you, the customer, a personalized shopping experience (the “Services”). Unique Portrait uses the Shopify platform, which enables us to provide the Services to you. The terms and conditions below, together with the policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties 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 accept these Terms of Service or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase or manage. To use the Services, including to access or browse our online stores or to purchase any of the products or services 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 information you provide in our stores is accurate, current and complete, and that you have all the rights necessary to provide that information. You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.
ARTICLE 2 - OUR PRODUCTS
We have made every effort to present our products and services faithfully in our online stores. Please note, however, that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is shown or rendered in our online stores. All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw a product from sale at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Unique Portrait reserves the right to accept or decline your order, for any reason, at its discretion. Your order is considered accepted only after written confirmation from Unique Portrait. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as Unique Portrait may not be able to accept cancellation requests once the order has been confirmed. If your order is declined, modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number provided when ordering. Your purchases are subject to the return or exchange terms set out in our Refund Policy. You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be shown in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping costs, handling fees, customs duties or import charges. Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time we may offer promotions on our Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to update your information promptly, including your email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary. You represent and warrant that: (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use that card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling costs, as well as all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All delivery times given are estimates and are not guaranteed. We accept no responsibility for delays caused by carriers, customs formalities or any event beyond our control. As soon as products are handed over to the carrier, title and risk of loss pass to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, marks, text, displays, images, graphics, product reviews, video and audio content, as well as their design, selection and arrangement, are the exclusive property of Unique Portrait, its subsidiaries or its licensors. They are protected by United States and foreign patent, copyright and intellectual property laws. These Terms allow you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right in any patent, trademark, copyright or other intellectual property of Unique Portrait, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Unique Portrait. The names, logos, product and service names, designs and slogans of Unique Portrait are trademarks of Unique Portrait, its subsidiaries or its licensors. You may not use them without the prior written permission of Unique Portrait. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be able to use customer tools provided by third parties as part of the Services, tools which we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranty, representation or condition of any kind, and without any endorsement on our part. We accept no liability arising from or relating to your use of optional third-party tools. Use of the optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to make sure you know and accept the terms applicable to those tools, as set by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including making new tools and resources available). Those new features will be considered an integral part of the Services and will be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We accept no liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those sites. We encourage you to review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Claims, complaints, concerns or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Unique Portrait is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is made directly with Unique Portrait. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Unique Portrait, including any damage, harm or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or relating to your purchase and transaction with Unique Portrait.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. 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 them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one where you live, in order to provide the services. See our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are and will be under no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; (3) to respond to your Feedback. We may, but are not required to, monitor, edit or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service. You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, nor any computer virus or malware that could affect the operation of the Services or any related website. You may not use a falsified email address, impersonate another person, or mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and cannot be held responsible for Feedback posted by you or by any third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, in particular regarding product descriptions, prices, promotions, offers, shipping costs, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders where information is inaccurate, at any time and without notice (including after you have submitted your order).
ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a way that infringes the intellectual property rights of Unique Portrait, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use or re-use any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that may restrict or inhibit anyone else's use or enjoyment of the Services, or that, in our judgement, may harm Unique Portrait, Shopify or users of the Services, or expose them to any liability. In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping, harvesting or data-extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or any other measure we put in place to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have breached any provision of these Terms.
ARTICLE 14 - AGENTS
14.1 This section (the “Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity, and which may run on a device owned or used by a person, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.
14.3 We may limit, including by technical means, whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the Agent's name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that the access, use or interactions come from an Agent, in particular by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer honestly any question or prompt intended to determine whether the interactions come from a human or a computer; (iv) not bypass or evade any measure intended to block, limit, modify or control Agents' access to, use of or interaction with the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part of them), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination. The following articles will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it should survive termination.
ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranties regarding the consequences arising from the use of this information by you, any other visitor to the Services or any person informed of its contents. EXCEPT AS EXPRESSLY STATED BY UNIQUE PORTRAIT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNIQUE PORTRAIT, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unique Portrait, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any loss, damage, liability or claim, including reasonable attorneys' fees, owed to a third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any claim covered by this indemnity, provided that a failure to notify promptly will not release you from your obligations unless you suffer material prejudice. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, in particular by providing relevant documents.
ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including without limitation any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
ARTICLE 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. Any attempted unauthorized assignment will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 - GOVERNING LAW
These Terms of Service, and any separate agreement under which we provide the Services to you, will be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Unique Portrait has its head office. You and Unique Portrait expressly consent to the subject-matter and personal jurisdiction of those courts.
ARTICLE 23 - HEADINGS
The headings used in this agreement are inserted for convenience and will not affect or limit the interpretation of these Terms.
ARTICLE 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. We will notify you of any material change to these Terms as required by applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of them.
ARTICLE 25 - CONTACT DETAILS
For any question about these Terms of Service, please contact us through our contact page. Our details are set out below:
Unique Portrait
Contact page
Welcome to Unique Portrait! The terms “we”, “our” and “us” refer to Unique Portrait. Unique Portrait operates this store and website, including all information, content, features, tools, products and related services, in order to offer you, the customer, a personalized shopping experience (the “Services”). Unique Portrait uses the Shopify platform, which enables us to provide the Services to you. The terms and conditions below, together with the policies referenced in them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties 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 accept these Terms of Service or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of legal majority in your state or province of residence, and you give us your consent to allow your minor children to use the Services on devices you own, purchase or manage. To use the Services, including to access or browse our online stores or to purchase any of the products or services 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 information you provide in our stores is accurate, current and complete, and that you have all the rights necessary to provide that information. You are solely responsible for the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to another person.
ARTICLE 2 - OUR PRODUCTS
We have made every effort to present our products and services faithfully in our online stores. Please note, however, that product colors or appearance may differ from what is displayed on your screen due to the type of device you use to access the store, as well as its settings and configuration. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is shown or rendered in our online stores. All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to withdraw a product from sale at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you are making an offer to purchase. Unique Portrait reserves the right to accept or decline your order, for any reason, at its discretion. Your order is considered accepted only after written confirmation from Unique Portrait. We must receive and process your payment before your order is confirmed. Please check your order carefully before submitting it, as Unique Portrait may not be able to accept cancellation requests once the order has been confirmed. If your order is declined, modified or cancelled, we will attempt to contact you using the email address, billing address and/or phone number provided when ordering. Your purchases are subject to the return or exchange terms set out in our Refund Policy. You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
ARTICLE 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be shown in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping costs, handling fees, customs duties or import charges. Prices displayed in our online stores may differ from those offered in our physical stores or on other online platforms operated by third parties. From time to time we may offer promotions on our Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to update your information promptly, including your email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary. You represent and warrant that: (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use that card for the purchase, (iii) the charges incurred will be honored by your card issuer, and (iv) you will pay the charges incurred at the prices displayed, including shipping and handling costs, as well as all applicable taxes.
ARTICLE 5 - SHIPPING AND DELIVERY
We cannot be held responsible for delivery or shipping delays. All delivery times given are estimates and are not guaranteed. We accept no responsibility for delays caused by carriers, customs formalities or any event beyond our control. As soon as products are handed over to the carrier, title and risk of loss pass to you.
ARTICLE 6 - INTELLECTUAL PROPERTY
Our Services, including without limitation all trademarks, marks, text, displays, images, graphics, product reviews, video and audio content, as well as their design, selection and arrangement, are the exclusive property of Unique Portrait, its subsidiaries or its licensors. They are protected by United States and foreign patent, copyright and intellectual property laws. These Terms allow you to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right in any patent, trademark, copyright or other intellectual property of Unique Portrait, Shopify or any third party. Any unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Unique Portrait. The names, logos, product and service names, designs and slogans of Unique Portrait are trademarks of Unique Portrait, its subsidiaries or its licensors. You may not use them without the prior written permission of Unique Portrait. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
ARTICLE 7 - OPTIONAL TOOLS
You may be able to use customer tools provided by third parties as part of the Services, tools which we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranty, representation or condition of any kind, and without any endorsement on our part. We accept no liability arising from or relating to your use of optional third-party tools. Use of the optional tools offered on the site is entirely at your own risk and discretion. It is your responsibility to make sure you know and accept the terms applicable to those tools, as set by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including making new tools and resources available). Those new features will be considered an integral part of the Services and will be subject to these Terms of Service.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk. We accept no liability for any harm or damage related to your access to third-party websites, or to the purchase or use of products, services, resources or content on those sites. We encourage you to review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Claims, complaints, concerns or questions regarding third-party products and services should be directed to the relevant third party.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Unique Portrait is powered by Shopify, which enables us to provide the Services to you. However, any sale or purchase made in our Store is made directly with Unique Portrait. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Unique Portrait, including any damage, harm or loss resulting from the products or services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or relating to your purchase and transaction with Unique Portrait.
ARTICLE 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. 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 them. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one where you live, in order to provide the services. See our Privacy Policy for more details on how we, Shopify and our partners use your personal information.
ARTICLE 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or any other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display that Feedback for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, improve and promote the Services and to fulfil our obligations and exercise our rights under the Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights in the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; (iii) your Feedback complies with these Terms. We are and will be under no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; (3) to respond to your Feedback. We may, but are not required to, monitor, edit or remove any Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service. You agree that your Feedback will not infringe any third-party rights, including copyright, trademarks, data protection, personality rights or other personal or proprietary rights. You further agree that your Feedback will not contain any defamatory, unlawful, abusive or obscene material, nor any computer virus or malware that could affect the operation of the Services or any related website. You may not use a falsified email address, impersonate another person, or mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim all liability and cannot be held responsible for Feedback posted by you or by any third party.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain information with typographical errors, inaccuracies or omissions, in particular regarding product descriptions, prices, promotions, offers, shipping costs, transit times or product availability. We reserve the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders where information is inaccurate, at any time and without notice (including after you have submitted your order).
ARTICLE 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in violation of any international, federal, provincial, state or local regulation, rule or law; (c) in a way that infringes the intellectual property rights of Unique Portrait, Shopify or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, use or re-use any content that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation; (h) to impersonate any person or entity, or attempt to do so; (i) to engage in any conduct that may restrict or inhibit anyone else's use or enjoyment of the Services, or that, in our judgement, may harm Unique Portrait, Shopify or users of the Services, or expose them to any liability. In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that could affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming or pretexting through the Services; (e) use robots, spiders, scraping, harvesting or data-extraction tools, automated devices, AI tools (including agentic AI) or any automated or manual means to access the Services; (f) interfere with, circumvent or disable security or authorization features, robot exclusion headers or any other measure we put in place to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have breached any provision of these Terms.
ARTICLE 14 - AGENTS
14.1 This section (the “Agent Terms”) applies if you use, authorize, enable or cause the deployment of an Agent to access, use or interact with the Services. An “Agent” means any software or service acting autonomously or semi-autonomously on behalf of, or at the instruction of, a person or entity, and which may run on a device owned or used by a person, without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the conditions set out in section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have asked that Agent to refrain from accessing, using or interacting with any service.
14.3 We may limit, including by technical means, whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request comes from an Agent and disclose the Agent's name by including the following in the user-agent string: “Agent/[agent name]”; (ii) not conceal or disguise the fact that the access, use or interactions come from an Agent, in particular by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer honestly any question or prompt intended to determine whether the interactions come from a human or a computer; (iv) not bypass or evade any measure intended to block, limit, modify or control Agents' access to, use of or interaction with the Services.
ARTICLE 15 - TERMINATION
We reserve the right to terminate this agreement or your access to the Services (or any part of them), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination. The following articles will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision whose nature implies that it should survive termination.
ARTICLE 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and warranties regarding the consequences arising from the use of this information by you, any other visitor to the Services or any person informed of its contents. EXCEPT AS EXPRESSLY STATED BY UNIQUE PORTRAIT, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
ARTICLE 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNIQUE PORTRAIT, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY ERROR OR OMISSION IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.
ARTICLE 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unique Portrait, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any loss, damage, liability or claim, including reasonable attorneys' fees, owed to a third party and arising from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any claim covered by this indemnity, provided that a failure to notify promptly will not release you from your obligations unless you suffer material prejudice. We may assume the defense and settlement of any claim at your expense, including the choice of legal counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which you may not unreasonably withhold). You will cooperate in the defense of claims covered by this indemnity, in particular by providing relevant documents.
ARTICLE 19 - SEVERABILITY
In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, that provision will remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity or enforceability of the remaining provisions.
ARTICLE 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us, and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including without limitation any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service will not be construed against the drafting party.
ARTICLE 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. Any attempted unauthorized assignment will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.
ARTICLE 22 - GOVERNING LAW
These Terms of Service, and any separate agreement under which we provide the Services to you, will be governed by and construed in accordance with the federal laws and the laws of the states or territories of the competent courts in the jurisdiction where Unique Portrait has its head office. You and Unique Portrait expressly consent to the subject-matter and personal jurisdiction of those courts.
ARTICLE 23 - HEADINGS
The headings used in this agreement are inserted for convenience and will not affect or limit the interpretation of these Terms.
ARTICLE 24 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our site periodically for changes. We will notify you of any material change to these Terms as required by applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of them.
ARTICLE 25 - CONTACT DETAILS
For any question about these Terms of Service, please contact us through our contact page. Our details are set out below:
Unique Portrait
Contact page