Terms of service
Last Updated: April 21, 2025
Welcome to Middles Creative LLC ("Middles," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website (www.middlescreative.com), products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
OVERVIEW
This website is operated by Middles Creative LLC. Throughout the site, the terms “we”, “us” and “our” refer to Middles Creative LLC. Middles Creative LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and Services for personal, non-commercial purposes.
1. ELIGIBILITY You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. You may not use our products for any illegal or unauthorized purpose nor violate any laws in your jurisdiction (including copyright laws).
2. PRODUCTS AND SERVICES Middles offers gallery-quality fine art prints from professional and emerging adventure photographers. Products are custom made and fulfilled by trusted third-party print and logistics providers. Availability and pricing are subject to change without notice.
We strive to display our products and their colors as accurately as possible. However, due to variations in monitors and devices, we cannot guarantee that your screen's display of any color will be accurate.
3. ORDERS, PAYMENTS, AND FULFILLMENT All purchases are securely processed through Shopify and/or PayPal. Orders are sent to our fulfillment providers for production and typically ship within 10–14 business days. We reserve the right to refuse or cancel any order.
Your placement of an order constitutes an offer to purchase. Middles reserves the right to accept or reject any order. Acceptance occurs only once we have shipped the final product to you.
By submitting payment information, you represent that you are authorized to use the designated payment method and authorize us to charge the full amount of your order.
4. RETURNS AND CANCELLATIONS All Middles products are made-to-order and are therefore non-refundable and non-returnable. We are unable to modify or cancel orders after 15 minutes of purchase.
If your print arrives damaged, we’re here to help. Please contact us at hello@middlescreative.com within 72 hours of delivery with clear photos of the damage, including:
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Photos of the damaged product
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Photos of the outer packaging and shipping label
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A brief description of the issue
To qualify for a damage review, the item must not have been hung, altered, or used in any way prior to the photos being taken. After review, we may elect to replace or repair the item at our discretion. Production and delivery timelines for replacement items may vary depending on inventory and capacity.
We reserve the right to deny damage claims submitted beyond the 72-hour window or those lacking sufficient documentation.
5. PROMOTIONS AND DISCOUNTS We may occasionally offer discount or promotional codes. These codes may expire at our discretion and may not be combined or stacked with other offers. We reserve the right to modify or cancel promotions at any time without notice.
6. INTELLECTUAL PROPERTY All content, including photos, text, graphics, and logos, is owned by Middles or its photographers and protected by intellectual property laws. You may not reproduce, copy, or resell any content without express permission.
7. USER CONTENT AND FEEDBACK Any comments, reviews, suggestions, or submissions you send us (via email, web forms, or otherwise) may be used without restriction or compensation. You agree that your content will not violate any third-party rights or include unlawful, abusive, or harmful material. Reviews submitted to the site may be publicly visible.
By submitting content, you grant Middles a non-exclusive, royalty-free license to use, reproduce, display, and distribute it in connection with our Services and marketing efforts.
7.1 COPYRIGHT COMPLAINTS AND DMCA PROCEDURE
If you believe that any content on our website infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on our site (providing URLs in your communication is the best way to help us locate content quickly);
d) Your address, telephone number, and email address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated Copyright Agent for notice of claims of copyright infringement is:
Middles Creative LLC
Attn: Copyright Agent
2352 Torrey Pines Road, Unit 3 La Jolla, CA 92037
Email: hello@middlescreative.com
Upon receipt of a proper notification of claimed infringement, we will respond expeditiously to remove or disable access to the content that is claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer.
If you are concerned about the removal of or blocked access to your content, please note that you may submit a counter-notification under Section 512(g)(3) of the DMCA. To file a counter-notification, please provide our Copyright Agent with the following information:
a) Your physical or electronic signature;
b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;
c) A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Middles Creative LLC may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.
8. PHOTOGRAPHER SUBMISSIONS Photographers grant Middles non-exclusive rights to sell submitted work through our platform. Artists retain full ownership and may withdraw participation with reasonable notice. Photographer participation is governed by a separate written contributor agreement entered into at the time of onboarding.
9. THIRD-PARTY SERVICES AND TOOLS Our Services may include tools or links provided by third parties. We do not control and are not responsible for their content or practices. Use of such tools is at your own risk.
10. USER FEATURES Users may save favorite products and create wishlists. However, user accounts are not required or supported for checkout or site use at this time.
11. PROHIBITED USES You may not use the website or its content for unlawful purposes, to solicit others to do so, to violate intellectual property rights, to harass or discriminate, to transmit malware, or interfere with security features. Additionally, you may not:
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Use automated tools to extract data (e.g., scraping, spiders)
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Interfere with server performance or security
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Submit false or misleading information
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Impersonate others or misrepresent your identity
We reserve the right to terminate your use for violations.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY We provide our Services "as is" without warranties of any kind. We are not responsible for delays, interruptions, errors, or damages resulting from your use of our Services. Our liability is limited to the maximum extent permitted by law and shall not exceed the total cost of the order giving rise to the claim.
We are not liable for events beyond our reasonable control, including but not limited to natural disasters, power outages, internet failures, strikes, pandemics, or delays caused by third-party providers.
12.1 FORCE MAJEURE
Middles Creative LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to:
a) Acts of God, natural disasters, or extreme weather events;
b) Epidemics, pandemics, quarantines, or public health emergencies;
c) War, terrorism, civil unrest, riots, or government actions;
d) Strikes, labor disputes, or other industrial disturbances;
e) Fire, explosions, or accidents;
f) Internet outages, telecommunications failures, or computer system failures;
g) Supply chain disruptions or transportation delays;
h) Power outages or energy shortages;
i) Acts or omissions of third-party vendors or suppliers; or
j) Any other similar events beyond Middles Creative LLC's reasonable control.
If a Force Majeure event occurs, Middles shall:
a) Notify affected customers within a reasonable time;
b) Take reasonable steps to minimize the impact and resume performance as soon as practicable;
c) Extend estimated shipping and delivery timeframes as necessary; and
d) Reserve the right to cancel orders if fulfillment becomes impossible or commercially impracticable, with appropriate refunds issued.
During a Force Majeure event, all other obligations under these Terms that are not affected by the event shall continue to apply.
13. INDEMNIFICATION You agree to indemnify and hold Middles Creative LLC harmless from any claims, damages, or legal fees arising from your breach of these Terms, your User Content, or your violation of any law or third-party rights.
14. SEVERABILITY If any provision of these Terms is found to be unlawful or unenforceable, the rest shall remain in effect.
15. TERMINATION We may terminate your access to the Services at any time for any reason. The Terms will survive termination where applicable.
16. GOVERNING LAW AND DISPUTE RESOLUTION These Terms shall be governed by the laws of California. Any disputes shall be resolved through binding arbitration in San Diego County, California, in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.
Arbitration shall be confidential to the fullest extent permitted by law. Each party will be responsible for its own legal fees. Middles will cover the reasonable filing and arbitration fees for claims under $10,000, provided they are not deemed frivolous.
Nothing in this section prevents Middles from seeking injunctive or equitable relief to protect its intellectual property or prevent unauthorized access.
17. ACCESSIBILITY We are committed to digital accessibility and strive to comply with WCAG 2.1 Level AA standards. If you are experiencing difficulty with any content or functionality on our site, please contact us at hello@middlescreative.com and we will do our best to assist you.
