Terms of service

OVERVIEW

 


Welcome to FoxGlow Studios LLC. Throughout these Terms, the words “we,” “us,” and “our” refer to FoxGlow Studios LLC.


FoxGlow Studios LLC operates this website and online store, including all related information, content, features, tools, products, and services made available through it (collectively, the “Services”). Our store is powered by Shopify, which helps us provide these Services to you.


These Terms of Service, together with any policies referenced here, explain the rules, rights, and responsibilities that apply when you visit our website, browse our shop, or purchase from us.


By accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree, please do not use our Services.


 

SECTION 1 - ACCESS AND ACCOUNT

 


By using our Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents using your devices to access the Services.


To use certain parts of our Services, including placing an order, you may be asked to provide information such as your name, email address, billing details, payment information, and shipping address. You agree that all information you provide is accurate, current, and complete.


You are responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account. Accounts may not be transferred, sold, or assigned to another person.


 

SECTION 2 - OUR PRODUCTS

 


We do our best to present our products as accurately as possible. Because many FoxGlow Studios items are handcrafted, engraved, made to order, or personalized, slight variations may occur. Natural materials, engraving placement, finish, and overall appearance can vary slightly from piece to piece.


We also cannot guarantee that colors, finishes, or other visual details will appear exactly the same on your screen as they do in person, since display settings and devices vary.


All product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to discontinue products or limit quantities at our discretion.


 

SECTION 3 - ORDERS

 


When you place an order, you are making an offer to purchase from FoxGlow Studios LLC. We reserve the right to accept, refuse, limit, or cancel any order at our discretion.


An order is not considered accepted until payment has been received and we have confirmed acceptance. Please review your order carefully before submitting it, as we may not be able to accommodate changes or cancellations once an order has been accepted.


Because many of our products are personalized, engraved, or made to order, custom, personalized, and made-to-order items may not be canceled once production has begun.


If we need to refuse, cancel, or make a change to an order, we will attempt to contact you using the information provided at checkout.


All purchases are also subject to our Return Policy [LINK].


You agree that purchases made through our Services are for personal or household use only and not for unauthorized resale or export.


 

 

SECTION 4 - CUSTOM CONTENT AND IMAGE SUBMISSIONS

 


If you submit any photo, image, logo, design, artwork, text, or other material to FoxGlow Studios LLC for use in a custom or personalized product, you represent and warrant that you own that content or have obtained all necessary rights, licenses, permissions, and authority to use it for that purpose.


You are solely responsible for the content you submit and for ensuring that it does not infringe or violate any copyright, trademark, privacy, publicity, or other rights of any third party.


By submitting content for a custom order, you grant FoxGlow Studios LLC a limited, non-exclusive, royalty-free permission to use, reproduce, resize, format, modify as reasonably necessary, and process that content solely for the purpose of reviewing, designing, producing, fulfilling, and delivering your custom product.


FoxGlow Studios LLC is not responsible for poor results caused by low-resolution, blurry, cropped, distorted, low-quality, or otherwise unsuitable customer-provided images or files. By submitting content for a custom order, you acknowledge that final product quality may depend on the quality and suitability of the file you provide.


FoxGlow Studios LLC is not responsible for verifying ownership, authenticity, or permission for submitted content and reserves the right to refuse or cancel any order that appears to violate the rights of another person or entity.


All submitted images and content must be appropriate for production at our sole discretion. Pornographic or sexually explicit content is not permitted. Tasteful sexually related content, such as content intended as a romantic gift for a spouse or partner, may be accepted at our sole discretion.


We reserve the right to refuse any image, design, text, or other submitted content that we determine, in our sole judgment, to be inappropriate, offensive, obscene, unlawful, defamatory, threatening, hateful, harassing, discriminatory, excessively graphic, or otherwise unsuitable for our business standards.


Submission of custom content does not guarantee acceptance of your order. We may refuse any custom request at any time, including after submission, if the content does not comply with these Terms or if we otherwise determine that the request is not appropriate for production.


 

SECTION 5 - PRICES AND BILLING

 


Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time your order is placed, as shown at checkout and in your order confirmation.


Unless otherwise stated, posted prices do not include taxes, shipping charges, handling fees, customs duties, or import charges.


Prices offered on our website may differ from prices offered in person, at events, through wholesale arrangements, or by third-party retailers.


You agree to provide current, complete, and accurate billing, payment, and account information for all purchases. You also agree to update your information promptly if needed so we can complete your transaction and contact you when necessary.


By submitting payment information, you represent and warrant that:

 

  • the payment information you provide is accurate and complete,

  • you are authorized to use the chosen payment method, and

  • you will pay all charges incurred, including shipping and applicable taxes.

 


 

SECTION 6 - SHIPPING AND DELIVERY

 


We work hard to ship orders in a timely manner, but shipping and delivery dates are estimates only and are not guaranteed.


We are not responsible for delays caused by shipping carriers, weather, customs, supply disruptions, or events outside our reasonable control.


Once an order has been transferred to the shipping carrier, title and risk of loss pass to you to the extent permitted by applicable law.


Shipping availability is limited to the destinations shown at checkout unless otherwise stated.


 

SECTION 7 - INTELLECTUAL PROPERTY

 


All content included in the Services — including text, graphics, logos, product names, product descriptions, photographs, images, videos, audio, branding, and the overall look and feel of the site — is owned by or licensed to FoxGlow Studios LLC, its affiliates, or licensors and is protected by applicable intellectual property laws.


You may use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, republish, upload, transmit, create derivative works from, or exploit any part of the Services without our prior written permission.


Nothing in these Terms grants you any ownership interest or license in any copyright, logo, brand element, design, or other intellectual property belonging to FoxGlow Studios LLC, Shopify, or any third party, except as expressly stated.


The names, logos, branding, product names, and visual content used by FoxGlow Studios LLC may not be used without prior written permission.


All other names, logos, or marks appearing through the Services remain the property of their respective owners.


 

SECTION 8 - OPTIONAL TOOLS

 


We may provide access to tools or features offered by third parties. These tools are provided on an “as is” and “as available” basis, without warranties, representations, or endorsements of any kind.


We do not control third-party tools and are not responsible for their availability, performance, or content. Your use of any optional third-party tool is entirely at your own risk and subject to the terms of the third-party provider.


Any new features, tools, or resources introduced through the Services in the future will also be subject to these Terms.


 

SECTION 9 - THIRD-PARTY LINKS

 


Our Services may contain links to third-party websites, services, or content that are not owned or controlled by FoxGlow Studios LLC.


We are not responsible for the content, accuracy, policies, or practices of third-party websites. If you choose to access a third-party site, you do so at your own risk.


We are not liable for any loss or damage related to your use of third-party websites or your purchase or use of any third-party products, services, or content. Please review the relevant third party’s terms and policies before engaging with them.


 

SECTION 10 - RELATIONSHIP WITH SHOPIFY

 


FoxGlow Studios LLC 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 FoxGlow Studios LLC, not with Shopify.


By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and FoxGlow Studios LLC, including any injury, damage, loss, or dispute arising from products or services purchased from us.


You expressly release Shopify and its affiliates from claims, damages, and liabilities arising out of or related to your purchases and transactions with FoxGlow Studios LLC.


 

SECTION 11 - PRIVACY POLICY

 


All personal information collected through the Services is subject to our Privacy Policy [LINK]. Certain information may also be subject to Shopify’s Privacy Policy.


By using our Services, you acknowledge that you have reviewed and understood the applicable privacy policies.


Because our store is hosted by Shopify, Shopify may collect and process personal information as needed to provide and improve the Services. Information you submit may be transmitted to Shopify and to third-party service providers, including providers located outside your country of residence.


Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our service providers collect, use, and share personal information.


 

SECTION 12 - FEEDBACK

 


If you submit or share any suggestions, ideas, reviews, comments, proposals, feedback, or other materials with us, whether online, by email, or otherwise (collectively, “Feedback”), you grant FoxGlow Studios LLC a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial purposes.


You represent and warrant that:

 

  • you own or control all rights in the Feedback you provide,

  • your Feedback does not violate the rights of any third party, and

  • your Feedback does not contain unlawful, defamatory, abusive, obscene, or malicious material.

 


We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it.


We may, but are not required to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, infringing, or otherwise objectionable.


 

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

 


From time to time, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.


We reserve the right to correct any such errors, inaccuracies, or omissions, and to update information or cancel orders if information on the Services is inaccurate at any time, including after an order has been submitted.


 

SECTION 14 - PROHIBITED USES

 


You may use the Services only for lawful purposes. You may not use the Services:

 

  • for any unlawful, fraudulent, or malicious purpose

  • to violate any applicable law, regulation, or ordinance

  • to infringe our intellectual property rights or the rights of others

  • to harass, abuse, threaten, defame, intimidate, or harm another person

  • to submit false or misleading information

  • to distribute spam, phishing messages, malware, or other harmful code

  • to scrape, copy, extract, or exploit the Services without authorization

  • to interfere with or bypass the security features of the Services

  • to use bots, crawlers, automated tools, or similar methods to access or interact with the Services in violation of these Terms

 


We reserve the right to suspend or terminate access to the Services if we believe you have violated these Terms.


 

SECTION 15 - AGENTS

 


 

15.1

 


This section applies if you use, enable, authorize, or deploy any software, bot, script, or automated system to access or interact with the Services. For purposes of these Terms, an “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of a person or entity.


 

15.2

 


No Agent may access or interact with the Services unless it clearly identifies itself as an Agent and complies with these Terms at all times. No Agent may access the Services if we have requested that it stop doing so.


 

15.3

 


We reserve the right to restrict, block, or limit how any Agent accesses or interacts with the Services, including through technical measures.


 

15.4

 


Any permitted Agent must:

 

  • identify itself in HTTP/HTTPS requests as an Agent and disclose its name in the user agent string using the format: Agent/[agent name]

  • not disguise itself as a human user

  • not circumvent CAPTCHAs or similar bot-detection measures

  • answer truthfully if asked whether it is a human or a computer

  • not bypass or avoid any restrictions or controls we put in place regarding automated access

 


 

SECTION 16 - TERMINATION

 


We may suspend or terminate your access to the Services, or any part of them, at any time and for any reason, without prior notice.


Termination does not relieve you of obligations incurred before termination, including payment obligations.


Any provisions of these Terms that by their nature should survive termination will remain in effect, including sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, and privacy.


 

SECTION 17 - DISCLAIMER OF WARRANTIES

 


The information made available through the Services is provided for general informational purposes only. We do not guarantee that all information is accurate, complete, reliable, current, or error-free.


Except as expressly stated by FoxGlow Studios LLC, the Services and all products offered through them are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.


We do not guarantee that the Services will be uninterrupted, secure, timely, or error-free.


Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.


 

SECTION 18 - LIMITATION OF LIABILITY

 


To the fullest extent permitted by law, FoxGlow Studios LLC, its owners, officers, employees, affiliates, contractors, service providers, licensors, and partners, and Shopify and its affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising out of or related to your use of the Services or any products purchased through the Services.


This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.


Some jurisdictions do not allow the limitation or exclusion of certain damages, so parts of this section may not apply to you.


 

SECTION 19 - INDEMNIFICATION

 


You agree to indemnify, defend, and hold harmless FoxGlow Studios LLC, Shopify, and our affiliates, officers, directors, employees, contractors, licensors, service providers, and agents from and against any claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

 

  • your breach of these Terms,

  • your violation of any law or the rights of a third party, or

  • your misuse of the Services.

 


We may control the defense and settlement of any such claim at your expense, and you agree to cooperate with us in defending it.


 

SECTION 20 - SEVERABILITY

 


If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.


 

SECTION 21 - WAIVER; ENTIRE AGREEMENT

 


Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.


These Terms of Service, together with any policies or rules posted on this website, constitute the entire agreement between you and FoxGlow Studios LLC regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.


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


 

SECTION 22 - ASSIGNMENT

 


You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.


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


 

SECTION 23 - GOVERNING LAW

 


These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.


You and FoxGlow Studios LLC agree to submit to the exclusive jurisdiction of the state and federal courts located in Indiana.


 

SECTION 24 - HEADINGS

 


The section headings in these Terms are included for convenience only and do not affect the interpretation of any provision.


 

SECTION 25 - CHANGES TO TERMS OF SERVICE

 


We may update or revise these Terms of Service from time to time. The most current version will always be posted on this page.


It is your responsibility to review these Terms periodically. If we make material changes, we will provide notice as required by applicable law. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.


 

SECTION 26 - CONTACT INFORMATION

 


Questions about these Terms of Service may be sent to:


FoxGlow Studios LLC

support@foxglowstudios.com

[INSERT BUSINESS ADDRESS]