Terms of Service

These Terms of Service (“Terms”) govern your access to and use of sceneinthedark.com (the “Site”) and the purchase of limited-edition photographic prints from SCENE IN THE DARK (“we,” “us,” or “our”), a business operated by Michael Caswell, sole proprietor, in Vancouver, British Columbia, Canada.

By using the Site or placing an order, you agree to these Terms. If you do not agree, please do not use the Site or place an order.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to place an order. By ordering, you represent that you meet this requirement and that the payment method you are using is authorized for your use.

2. Limited editions

Each photograph offered on the Site is sold as part of a numbered, limited edition. The total edition size for each photograph is shown on its product page and is fixed at the time the photograph is published. Once the edition is sold out, no further prints of that photograph will be produced, ever, except as described under Section 9 (Artist Proofs).

Each print is:

• hand-numbered against the edition total (e.g. “#47 of the run”);
• signed by Michael Caswell;
• accompanied by a Certificate of Authenticity bearing the edition number, photo title, capture date, and venue.

Edition numbers are assigned in the order that orders are successfully paid for. The edition number shown to you on the order confirmation page is the number you will receive.

3. Pricing and payment

All prices are listed in Canadian Dollars (CAD) and exclude applicable taxes (GST, HST, PST) which will be calculated and added at checkout based on your shipping address.

Payment is processed by Stripe. You will see a charge on your statement that includes our account's statement descriptor (currently “M CASWELL” or similar) followed by a brand suffix such as “SITD PRINTS”. We do not store your full payment card number.

We reserve the right to correct pricing errors at any time. If a print is listed at an incorrect price due to an error, we may, at our discretion, cancel the affected order and issue a full refund.

4. Order acceptance

Placing an order constitutes an offer to purchase. We may accept or decline any order at our discretion, including (but not limited to) for the following reasons: suspected fraud, payment dispute history, supply limitation, or pricing error. If we decline your order, we will refund any payment in full and notify you by email.

5. Shipping

We ship from Vancouver, British Columbia, Canada. Estimated production time is 5–10 business days after order, plus shipping transit time, which varies by destination. Shipping rates and supported destinations are shown at checkout.

Risk of loss and title pass to you when the carrier accepts the package. We are not responsible for delays caused by the carrier, customs, weather, or other events beyond our control. If a package is lost in transit and a claim with the carrier is unsuccessful, we will, at our discretion, either reprint and reship a replacement of the same edition number or issue a refund.

Import duties and taxes for international orders are the responsibility of the recipient. Customs may delay delivery.

6. Returns and refunds

Because every print is a numbered, made-to-order edition, all sales are final except in the following cases:

• Damage in transit: if your print arrives damaged, email [email protected] within 7 days of delivery with photos of the damaged print and its packaging. We will reprint and ship a replacement of the same edition number at no cost, or issue a full refund, at our discretion.
• Manufacturing defect: if the print has a defect not caused by shipping (e.g. printing error, signing error, wrong edition number), contact us within 14 days of delivery for a replacement or refund.
• Order not delivered: if tracking shows the package as undelivered after a reasonable period and our investigation with the carrier confirms it is lost, we will reprint and reship or refund.

Buyer's remorse, change of mind, taste mismatch, monitor color differences, and frame-size guesswork are not grounds for return. Please review the product page and certificate carefully before ordering.

7. Color, finish, and variation

Metallic prints are physical objects produced by dye-sublimation onto a sheet of aluminum. Color reproduction is calibrated to industry-standard color profiles. We cannot guarantee an exact match to your screen because every monitor displays color differently and ambient light affects perception of a glossy metallic surface. Slight variation in tone, contrast, or panel finish is part of the medium and is not considered a defect.

8. Intellectual property

All photographs, text, design, and other content on the Site are the copyrighted work of Michael Caswell and/or licensors, and are protected by Canadian and international copyright law.

When you purchase a print, you acquire ownership of the physical print only. You do not acquire any reproduction, distribution, display, derivative, or commercial-use rights to the underlying photograph. Specifically, you may not:

• scan, photograph, or otherwise reproduce the image;
• sell, license, or sublicense the image;
• publish the image online or in print without prior written permission;
• create derivative works (including NFTs, training data, AI inputs);
• use the image for any commercial purpose, including merchandise, advertising, or promotion.

You may, of course, display your physical print in your private home or office and photograph it in that context for personal social-media use, provided the image is clearly part of a wider scene and not a reproduction of the print itself.

For licensing inquiries, contact [email protected].

9. Artist proofs and exhibition prints

In addition to the numbered limited edition, the photographer reserves the right to produce up to two (2) artist proofsper photograph, marked as such and not for sale through the Site, and to produce prints for personal, exhibition, museum, gallery, or promotional purposes. These prints are not part of, and do not dilute, the numbered edition.

10. Subject release and likeness

The photographs offered on the Site depict live concert performances captured in public, ticketed venues. The photographer asserts editorial and artistic rights consistent with Canadian and U.S. concert-photography practice. If you are an artist, manager, or rights-holder depicted in a photograph and wish to discuss its inclusion on the Site, please contact [email protected].

11. Site availability

We may modify, suspend, or discontinue all or part of the Site at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance.

12. Disclaimer of warranties

The Site and its content are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the maximum extent permitted by law, our total liability to you for any claim arising out of or related to the Site or a purchase shall not exceed the amount you paid for the order giving rise to the claim. In no event shall we be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or loss of goodwill, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits or excludes our liability for fraud, fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable consumer-protection law.

14. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the courts of British Columbia located in Vancouver, and you consent to the personal jurisdiction of those courts.

If you are a consumer with mandatory legal rights under the laws of your home jurisdiction, nothing in these Terms is intended to limit those rights.

15. Changes to these Terms

We may revise these Terms from time to time. The version in effect at the time you place an order governs that order. We will post the current version on this page and update the “Last updated” date above.

16. Contact

• Email: [email protected]
• Operator: Michael Caswell, sole proprietor
• Location: Vancouver, British Columbia, Canada