Terms of Service

Welcome to Pemberton Portraits. The terms "we", "us" and "our" refer to Pemberton Portraits. We operate this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). We currently use Shopify as our payment processor to handle checkout and payment on our behalf.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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 agree, you should not use or access our Services.

Pemberton Portraits creates custom portraits of your pet. Our service includes:

• Portrait generation from photos you upload
• Multiple artistic styles and customization options
• High-resolution digital downloads
• Fine art prints and gallery canvas ordering and delivery
• Commercial licensing options

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

• For any unlawful or malicious purpose
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or those of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person
• To transmit false or misleading information
• To send advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations
• To impersonate or attempt to impersonate any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

In addition, you agree not to:

• Upload or transmit viruses or other malicious code
• Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services
• Collect or track the personal information of others
• Spam, phish, pharm, or pretext the Services
• Use any robot, spider, scraping, data gathering and extraction tools, automated devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services
• Interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services
• Reverse engineer or attempt to extract our systems or models

We reserve the right to suspend, disable, or terminate access at any time, without notice, if we determine that you have violated any part of these Terms.

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality) or provide access to customer tools offered by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials, websites, or tools, and we provide access to them "as is" and "as available" without any warranties, representations, or conditions of any kind.

If you decide to leave the Services to access third-party materials or sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third party's policies and practices before you engage in any transaction.

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation to maintain your Feedback in confidence, to pay compensation for your Feedback, or to respond to your Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates any party's intellectual property rights or these Terms.

We currently use Shopify as our payment processor. Shopify handles the checkout and payment steps on our behalf, but any sales and purchases you make are made directly with Pemberton Portraits. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Pemberton Portraits, 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 Pemberton Portraits.

We may change, add, or remove payment providers at any time. Our use of Shopify is limited to payment processing and may be replaced by another provider in the future.

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

When you make a purchase, the payment and billing information you submit at checkout is transmitted to our payment processor (currently Shopify) in order to process your payment. That information may be processed by the payment provider in countries other than where you reside and is also subject to the payment provider's own privacy policy. We may change payment providers in the future.

The information presented on or through the Services is made available solely for general information purposes. 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.

EXCEPT AS EXPRESSLY STATED BY PEMBERTON PORTRAITS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

We do not guarantee specific artistic results. Generated portraits may vary in style and interpretation.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PEMBERTON PORTRAITS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, 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 ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

Where liability cannot be excluded by law, our total liability to you for any claim is limited to the amount paid by you in the 12 months preceding the claim.

You agree to indemnify, defend, and hold harmless Pemberton Portraits, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of:

• Your breach of these Terms of Service or the documents they incorporate by reference
• Your violation of any law or the rights of a third party
• Your access to and use of the Services

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to conflict of law principles. You and Pemberton Portraits consent to venue and personal jurisdiction in the courts of the jurisdiction where Pemberton Portraits is headquartered.

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and Pemberton Portraits and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

For questions about these Terms of Service:

• Email: bella@pembertonportraits.com
• Support: Contact form on our website