Terms of Service for SageScape Photo
Last Updated: 11-05-2025
Welcome to SageScape Photo. These Terms of Service ("Terms") govern your access to and use of the website sagescapephoto.com (the "Site"), operated by SageScape Photo ("we," "us," or "our"), a sole proprietorship.
By accessing, browsing, or using this Site, or by purchasing and downloading any digital products or purchasing any physical products ("Products") from this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
1. Intellectual Property Rights
All content on this Site, including but not limited to digital photographs, images, text, graphics, logos, trademarks, and service marks (collectively, the "Assets") are the sole and exclusive property of SageScape Photo. The name "SageScape Photo" and all associated logos are our property.
You are strictly prohibited from using, copying, reproducing, republishing, uploading, posting, transmitting, distributing, or modifying any Assets in any way for any purpose without our prior written consent. Your purchase of a Product does not grant you any ownership rights to the Assets, but only the limited license as defined in Section 4.
2. Product Description and Disclosures
A. Display Images: You acknowledge that all images displayed for preview on the Site are for demonstration purposes only. These preview images are intentionally set to an ultra-low resolution and contain a prominent watermark to prevent unauthorized use.
B. Final Product: The Product you purchase and download will be a high-resolution digital file without any watermark.
C. AI Content Disclosure: You acknowledge and agree that some Products offered for sale on this Site may be created, in whole or in part, using artificial intelligence (AI) generation tools.
3. Purchases, Refund Policy, and Shipping Policy
A. Digital Product Refund Policy: All purchases of digital Products are final. Due to the instant, digital, and irrevocable nature of our Products, SageScape Photo offers absolutely no refunds or exchanges for any reason. Once a Product has been purchased and the download link has been made available, the sale is considered complete and non-refundable.
B. Physical Product Shipping & Returns Policy: All purchases of physical Products (e.g., prints, canvas) are governed by our separate "Shipping & Returns Policy," which is hereby incorporated by reference into these Terms and is binding upon you. Please review that policy in full before completing your purchase. All sales of physical products are final except as expressly provided in that policy.
C. "AS IS" BASIS: All Products (Digital and Physical) are sold on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding the Products, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
4. License Grant and Use Restrictions (Digital Products)
A. Grant of Personal Use License: Upon successful completion of your purchase of a digital Product, SageScape Photo grants you one (1) limited, non-exclusive, non-transferable, and revocable license to use the downloaded Product(s) for Personal Use only.
B. Definition of Personal Use: "Personal Use" is defined as any non-commercial use. Permitted examples include, but are not limited to:
Use as a digital wallpaper on your personal electronic devices (computer, phone, tablet).
Personal printing for display in your home or personal space.
Use in personal, non-commercial, non-public projects.
C. PROHIBITED COMMERCIAL USE: This license expressly prohibits any and all "Commercial Use" of the Product. "Commercial Use" is defined as any use that involves an exchange of money or other consideration, promotes a business (including non-profits), or where the Product is used in any way that is intended for or directed toward commercial advantage or monetary compensation. Prohibited Commercial Uses include, but are not limited to:
Resale of the Product in any form, digital or physical.
Use on any merchandise or products for sale (e.g., t-shirts, mugs, posters, templates).
Use in any advertising, marketing, or promotional materials (e.g., social media ads, website banners, brochures).
Use in any media (print, digital, or broadcast) for a business, brand, or editorial purpose.
Use as part of a business logo, trademark, or branding.
Making the Product available in a way that allows others to download, extract, or redistribute it.
D. Commercial Use Inquiries: If you wish to use any Product for any Commercial Use, you must contact us directly at info@sagescapephoto.com to inquire about a Commercial Use License. Any such use is subject to our review and requires the issuance and full payment of a separate commercial invoice and license agreement prior to any use.
5. Other Services (Décor & Events)
SageScape Photo may, at our sole discretion, offer services related to physical décor and event photography or styling. These services are not guaranteed, may be limited in availability, and are subject to separate terms and agreements. To inquire about décor or event services, you must contact us at info@sagescapephoto.com.
6. Communications
A. Order-Related Contact: By placing an order, you agree that we may contact you at the email address and phone number you provided if there is an issue with your order, your download link, or if further action is needed to complete your transaction.
B. Newsletter and Promotional Emails: If you voluntarily sign up for our newsletter or mailing list, you consent to receive promotional and marketing emails from SageScape Photo. You may opt out of receiving these communications at any time by:
Clicking the "unsubscribe" link provided in the footer of every promotional email.
Contacting us directly at info@sagescapephoto.com with your request to be removed.
7. Prohibited Website Conduct
You agree not to misuse the Site or its services. You are expressly prohibited from:
Engaging in any activity that constitutes or encourages conduct that would be a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.
Attempting to interfere with, damage, or disrupt the Site or the servers and networks connected to the Site, including, but not limited to, launching Denial of Service (DDoS) attacks, "flooding," or "mail-bombing."
Attempting to inject or execute malicious code, including viruses, worms, Trojan horses, or engaging in Cross-Site Scripting (XSS) attacks.
Using any automated system, such as "robots," "spiders," or "scrapers," to access, monitor, or copy any part of the Site or its content.
Attempting to gain unauthorized access to any user accounts, computer systems, or networks.
We reserve the right to terminate your access to the Site without notice for any violation of these terms.
8. Third-Party Services and Links
Our Site is hosted on Squarespace, and payments are processed through their third-party payment processors (e.g., Stripe, PayPal). Our Site may also contain links to other third-party websites not owned or controlled by us.
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, security, or failures of any third party, nor do we endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
9. Physical Product Fulfillment by Bay Photo
You acknowledge and agree that all physical Products (prints, décor, etc.) sold by SageScape Photo are manufactured, fulfilled, and shipped by our third-party fulfillment partner, Bay Photo Lab ("Bay Photo").
A. Agreement to Bay Photo's Terms: By purchasing a physical Product from our Site, you acknowledge that you have had the opportunity to review, and you agree to be bound by, all applicable terms, policies, and conditions of Bay Photo, which are passed on to you as the end-user. These policies include, but are not limited to:
Bay Photo's Terms of Service: https://bayphoto.com/terms-of-service/
Bay Photo's Returns & Exchanges Policy: https://support.bayphoto.com/hc/en-us/articles/40358962225043-Returns-Exchanges
You are responsible for reviewing these policies. Failure to agree with Bay Photo's terms prohibits you from purchasing physical Products from this Site.
B. Superseding Terms: Your primary legal agreement for any purchase is with SageScape Photo. In the event of a direct conflict between these Terms (SageScape Photo) and the terms of Bay Photo, these Terms shall govern and supersede.
C. Claims and Disputes: All claims related to physical Products, including but not limited to damage in transit, manufacturing defects, or non-delivery, must be handled directly with SageScape Photo according to the process and timelines outlined in our Shipping & Returns Policy. You agree not to contact Bay Photo directly regarding any order, as your customer relationship is with SageScape Photo.
10. Disclaimer of Warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SAGESCAPE PHOTO DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAGESCAPE PHOTO (OR ITS OWNER) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (ii) YOUR PURCHASE OR USE OF ANY PRODUCT; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (iv) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSACTIONS; OR (v) ANY FAILURE, ERROR, OR NEGLIGENCE ON THE PART OF OUR THIRD-PARTY FULFILLMENT PARTNER (BAY PHOTO), INCLUDING BUT NOT LIMITED TO MANUFACTURING ERRORS, SHIPPING DELAYS, OR DAMAGE IN TRANSIT, BEYOND PROVIDING THE SOLE REMEDIES AS OUTLINED IN OUR SHIPPING & RETURNS POLICY.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR PRODUCTS SHALL NOT, IN ANY CIRCUMSTANCE, EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless SageScape Photo and its owner from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: (i) your use of and access to the Site; (ii) your purchase or use of any Product; (iii) your violation of any term of this Agreement, including any policies incorporated by reference; (iv) your violation of any third-party right, including any intellectual property or privacy right; or (v) any dispute or claim initiated by you against any third-party, including but not limited to our payment processors or fulfillment partners.
13. Governing Law and Dispute Resolution
A. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Utah and the federal laws of the United States of America, without regard to its conflict of law principles.
B. Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration in Salt Lake County, Utah, rather than in court.
C. Chargebacks and Disputes: Before initiating any chargeback or dispute with your bank or credit card company, you agree to first contact SageScape Photo at info@sagescapephoto.com and make a good faith effort to resolve the issue with us directly, as per the procedures in our Shipping & Returns Policy.
You acknowledge that initiating a chargeback for reasons other than fraudulent use (e.g., as a method of "return" for a non-refundable digital product, or for making a false claim of damage) is a violation of these Terms.
We reserve the right to dispute any chargeback that we believe is unfounded, fraudulent, or in violation of these Terms. We may provide evidence to the financial institution, including your acceptance of these Terms at checkout, your download logs, IP address, and any communication we have had with you. You agree to cooperate in any such investigation.
A fraudulent chargeback may result in the immediate revocation of any licenses granted (for digital products) and may be reported to credit agencies and legal authorities.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice (such as by posting the new terms on the Site) prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
16. Entire Agreement
These Terms, together with the Shipping & Returns Policy and any other policies incorporated by reference, constitute the entire agreement between you and SageScape Photo regarding your use of the Site and purchase of Products, superseding any prior agreements between you and us on this subject.
17. Contact Information
For all questions, inquiries regarding these Terms, or requests for Commercial Use Licenses, please contact us at: SageScape Photo Email: info@sagescapephoto.com