Terms of service

Terms of Use for Low Visual (www.lowvisual.com)

Effective Date: August 26, 2025

These Terms of Use ("Terms") govern your access to and use of the website located at www.lowvisual.com (the "Site"), including any content, functionality, products, and services offered on or through the Site (collectively, the "Services"), operated by Low Visual ("we," "us," or "our"). By accessing or using the Site or Services, you agree to be bound by these Terms, our Privacy Policy, Refund Policy, and any other policies referenced herein. If you do not agree to these Terms, you must not access or use the Site or Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site or via email. Your continued use of the Site or Services after such changes constitutes your acceptance of the new Terms.

1. Eligibility and User Accounts

You must be at least 18 years old or the age of majority in your jurisdiction to use the Site or Services. By using the Site, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

To make purchases or access certain features, you may need to create an account. You agree to provide accurate, complete, and current information during registration and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach. We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, without notice or liability.

2. Intellectual Property Rights

The Site and Services, including all text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and other materials (collectively, "Content"), are owned by us or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and 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 Content without our prior written consent. Any unauthorized use may violate intellectual property laws and result in termination of your access and potential legal action.

If you provide any feedback, suggestions, or ideas regarding the Site or Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

3. User Conduct and Prohibited Activities

You agree to use the Site and Services only for lawful purposes and in compliance with these Terms. Prohibited activities include, but are not limited to:

  • Violating any applicable laws, regulations, or third-party rights.
  • Posting, transmitting, or sharing content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Impersonating any person or entity or misrepresenting your affiliation.
  • Interfering with or disrupting the Site, Services, or servers/networks connected to them, including through viruses, malware, denial-of-service attacks, or excessive automated requests.
  • Scraping, data mining, or using automated systems to collect data from the Site.
  • Engaging in commercial activities without our consent, such as advertising or soliciting.
  • Infringing on intellectual property rights, including unauthorized use of trademarks or copyrights.
  • Attempting to gain unauthorized access to accounts, systems, or data.

We reserve the right to monitor use of the Site and Services and to investigate and take appropriate action against violations, including removal of content, account suspension/termination, and reporting to law enforcement.

4. Purchases, Payments, and Policies

All purchases are subject to our Refund Policy, Shipping Policy, and any other applicable policies posted on the Site, which are incorporated herein by reference. By placing an order, you agree to pay the listed price, plus applicable taxes and shipping fees. We use third-party payment processors (e.g., Shopify Payments) and are not responsible for their actions or errors.

We reserve the right to refuse or cancel orders at any time, including for pricing errors, product unavailability, or suspected fraud. Title and risk of loss pass to you upon delivery to the carrier.

Pre-ordered and limited drop items are subject to specific no-refund terms as outlined in our Refund Policy.

5. User-Generated Content

If you post reviews, comments, photos, or other content ("User Content") on the Site, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, reproduce, publicly perform or display, translate, and create derivative works of your User Content for any purpose related to operating and promoting the Site and Services.

You represent and warrant that your User Content does not violate any third-party rights, including intellectual property or privacy rights, and is not illegal or harmful. You are solely responsible for your User Content, and we disclaim all liability related to it. We may remove or edit User Content at our discretion without notice.

6. Third-Party Links and Services

The Site may contain links to third-party websites, services, or advertisements. We do not endorse or control these third parties and are not responsible for their content, privacy practices, or availability. Your interactions with third parties are at your own risk, and we disclaim all liability arising from such interactions.

Since the Site is powered by Shopify, your use may also be subject to Shopify's Terms of Service and Privacy Policy, available at shopify.com/legal/terms.

7. Disclaimers and Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED/ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DISCLAIM RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE OR SERVICES. NO ADVICE OR INFORMATION OBTAINED FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, ETC.).

9. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, suppliers, and licensors from any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site or Services; (b) your breach of these Terms; (c) your violation of any law or third-party rights; (d) your User Content; or (e) any transaction or dispute between you and a third party.

10. Termination

We may terminate or suspend your access to the Site or Services at any time, without notice or liability, for any reason, including suspected violations of these Terms. Upon termination, your right to use the Site and Services ceases immediately, and we may delete your account and User Content. Provisions that by their nature should survive termination (e.g., ownership, disclaimers, limitations of liability, indemnification) shall do so.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Colorado, United States, without regard to conflict of laws principles. Any disputes arising out of or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in Denver County, Colorado, and you consent to personal jurisdiction therein.

You agree to first attempt to resolve disputes informally by contacting us. If unresolved within 30 days, disputes may proceed to court. YOU WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS ACTION PARTICIPATION.

12. Digital Millennium Copyright Act (DMCA) Policy

We respect intellectual property rights and respond to notices of alleged infringement under the DMCA. If you believe content on the Site infringes your copyright, submit a notice to our designated agent at info@lowvisual.com including: (a) your signature; (b) identification of the infringed work; (c) identification of the infringing material; (d) your contact information; (e) a statement of good faith belief; and (f) a statement under penalty of perjury. We may terminate repeat infringers.

13. Miscellaneous

  • Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect.
  • Waiver: Our failure to enforce any right does not waive it.
  • Assignment: We may assign these Terms without your consent; you may not assign without our written consent.
  • Entire Agreement: These Terms constitute the entire agreement between you and us.
  • Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, pandemics).

14. Contact Us

For questions about these Terms, contact us at info@lowvisual.com.

By using the Site or Services, you acknowledge that you have read, understood, and agree to these Terms.