Terms of service

OVERVIEW

Welcome to NO CAPTION. The terms “we,” “us,” and “our” refer to NO CAPTION. NO CAPTION operates 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”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use our Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you are the age of majority and have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To access certain features or purchase products, you may be required to provide information including your name, email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the necessary rights to provide such information.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to display our products, colors, graphics, designs, and other product details as accurately as possible.

However, actual colors and product appearance may vary depending on your device, screen settings, lighting conditions, manufacturing processes, garment-dye variations, and printing processes.

Because certain NO CAPTION products may be produced or printed after an order is placed, minor variations in print placement, color, texture, or appearance may occur and are not necessarily considered defects.

We do not guarantee that the appearance of a product will be identical to digital photographs, mockups, previews, or other representations displayed on our website.

Product descriptions, prices, availability, designs, and specifications may be changed at any time without notice.

We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction.

SECTION 3 — ORDERS

When you place an order with NO CAPTION, you are making an offer to purchase the selected products.

We reserve the right to accept, decline, limit, or cancel an order at our discretion, including in cases involving suspected fraud, payment issues, pricing errors, product availability, or other circumstances that may prevent fulfillment.

An order is not considered accepted until payment has been successfully processed and the order has been confirmed.

Please carefully review your order, including product, color, size, quantity, shipping address, and other information, before submitting it.

Because some products may enter production shortly after an order is placed, we may not be able to accommodate cancellation or modification requests once production or fulfillment has begun.

If we cancel or modify an order, we will attempt to contact you using the information provided during checkout.

Returns, exchanges, replacements, and refunds are governed by our Refund Policy.

Products purchased from NO CAPTION are intended for personal or household use unless otherwise expressly agreed by us.

SECTION 4 — PRICES AND BILLING

Product prices, discounts, promotions, and availability may change without notice.

The price charged will generally be the price displayed at the time your order is submitted, subject to correction of obvious pricing or technical errors.

Unless otherwise stated, displayed product prices do not include applicable taxes, shipping charges, customs duties, import fees, or other charges that may apply.

From time to time, NO CAPTION may offer promotional pricing, discount codes, free-shipping offers, or other promotions. Additional conditions may apply to those promotions.

You agree to provide current, complete, and accurate billing and payment information.

You represent and warrant that you are authorized to use any payment method submitted in connection with your purchase and that all information supplied is accurate.

You agree to pay all charges associated with your order, including applicable shipping charges and taxes.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery dates provided through the Services are estimates and are not guaranteed unless expressly stated otherwise.

Production and fulfillment times may vary depending on product availability, order volume, destination, carrier operations, and other circumstances.

NO CAPTION is not responsible for delays caused by shipping carriers, severe weather, customs processing, incorrect or incomplete shipping information provided by the customer, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate and complete shipping address when placing an order.

Additional information regarding shipping options, estimated delivery times, and applicable charges may be provided through our Shipping Policy or during checkout.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and their contents, including without limitation NO CAPTION trademarks, logos, product designs, artwork, graphics, photographs, videos, text, slogans, website elements, and the selection and arrangement thereof, are owned by NO CAPTION, its affiliates, licensors, or applicable rights holders and are protected by applicable intellectual property laws.

The Services are provided for personal, non-commercial use.

Unless expressly authorized in writing by NO CAPTION, you may not reproduce, copy, distribute, modify, create derivative works from, publicly display, publish, sell, commercially exploit, download, store, or transmit protected materials appearing through the Services.

Nothing contained in these Terms grants you ownership or a license to NO CAPTION intellectual property except for the limited right to access and use the Services in accordance with these Terms.

Unauthorized use of our intellectual property may violate copyright, trademark, and other applicable laws.

All rights not expressly granted are reserved.

The NO CAPTION name, logos, product names, designs, graphics, and slogans associated with our brand may constitute trademarks or other proprietary intellectual property of NO CAPTION or applicable rights holders and may not be used without authorization.

Shopify and other third-party names, logos, and trademarks appearing through the Services remain the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools, features, applications, or services operated by third parties.

We may not monitor or control these third-party tools and provide access to them on an “as is” and “as available” basis, without warranties or endorsements.

Your use of optional third-party tools is at your own risk and may be governed by additional terms and policies established by the applicable third party.

We may introduce new tools, resources, or features in the future. Unless otherwise stated, those features will also form part of the Services and be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Our Services may contain links to websites, applications, services, or content operated by third parties.

NO CAPTION is not responsible for examining, evaluating, or guaranteeing the accuracy, security, availability, or content of third-party services.

If you choose to access a third-party website or service, you do so at your own discretion and risk.

We are not responsible for losses or damages arising from your use of third-party websites, products, services, resources, or content.

You should review the policies and terms of any third party before engaging in a transaction with them.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

NO CAPTION uses Shopify to help provide and operate its online storefront and related Services.

However, purchases made through our Store are transactions directly between you and NO CAPTION, subject to applicable Shopify services and payment arrangements.

To the extent permitted by applicable law, Shopify is not responsible for products sold by NO CAPTION or for claims arising solely from transactions between you and NO CAPTION.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our online store is powered by Shopify, certain personal information may also be collected, processed, stored, or transmitted by Shopify and other service providers as necessary to operate the Services, process payments, fulfill orders, prevent fraud, provide customer support, and improve the shopping experience.

Please review our Privacy Policy for additional information about how personal information is collected, used, and shared.

SECTION 11 — FEEDBACK

If you submit reviews, suggestions, ideas, photographs, comments, proposals, or other feedback to NO CAPTION (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to operating, improving, and promoting our Services, subject to applicable law.

You represent that you own or have sufficient rights to submit any Feedback you provide and that your Feedback does not violate the rights of another person.

Feedback must not contain unlawful, defamatory, abusive, obscene, infringing, fraudulent, or malicious material.

You are responsible for the accuracy and legality of Feedback you submit.

We reserve the right, but are not obligated, to monitor, edit, or remove Feedback where permitted by law.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, shipping charges, transit times, product availability, or other information.

We reserve the right to correct errors, update information, and, where permitted by law, cancel or modify orders affected by material errors or inaccuracies.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

Violate applicable laws or regulations.
Infringe intellectual property or proprietary rights.
Harass, threaten, defame, abuse, or harm another person.
Submit false, fraudulent, or misleading information.
Distribute spam, malware, viruses, or other harmful code.
Attempt to gain unauthorized access to the Services or related systems.
Scrape, crawl, copy, reproduce, or commercially exploit the Services without authorization.
Collect personal information about others without authorization.
Interfere with security features or the normal operation of the Services.
Impersonate another person or entity.
Engage in fraudulent purchases, chargeback abuse, or other deceptive conduct.

We reserve the right to restrict, suspend, or terminate access to the Services when we reasonably believe these Terms have been violated.

SECTION 14 — TERMINATION

We may suspend or terminate access to all or part of the Services when permitted by law, including where we reasonably determine that these Terms have been violated.

Termination does not eliminate obligations or liabilities incurred before termination.

Sections that by their nature should survive termination, including provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will continue to apply.

SECTION 15 — DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EXCEPT AS EXPRESSLY PROVIDED BY NO CAPTION OR REQUIRED BY LAW, WE DISCLAIM WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CAPTION AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS MAY INCLUDE, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

SECTION 17 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless NO CAPTION and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, damages, losses, liabilities, and reasonable legal expenses arising from your material breach of these Terms, violation of applicable law, violation of third-party rights, or misuse of the Services.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

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

These Terms, together with the policies and rules referenced herein, constitute the agreement between you and NO CAPTION concerning your use of the Services and supersede prior agreements or communications concerning the same subject matter.

SECTION 20 — ASSIGNMENT

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

We may transfer or assign our rights and obligations under these Terms where permitted by applicable law.

SECTION 21 — GOVERNING LAW

These Terms and any separate agreements through which NO CAPTION provides Services will be governed by the laws applicable in the jurisdiction in which NO CAPTION is established or headquartered, without regard to conflict-of-law principles, except where applicable consumer protection laws require otherwise.

Any disputes will be handled by courts having appropriate jurisdiction, subject to any rights or remedies available under applicable law.

SECTION 22 — HEADINGS

Section headings are included for convenience and organization only and do not affect the interpretation of these Terms.

SECTION 23 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, business practices, legal requirements, or other operational needs.

The most current version will be available on this page.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by law.

SECTION 24 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to us at:

Business Name: NO CAPTION
Email: [support@nocaption.shop]