TANJA RENE ART

TERMS AND CONDITIONS

Updated: January 28, 2025

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AGREEMENT CAREFULLY. BY ACCESSING OR USING HTTPS://WWW.TANJARENEART.COM OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, VISITOR, CUSTOMER, AND/OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE OUR SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF OUR TERMS AND CONDITIONS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS OR USE OUR SITE.

CONSTRUCTION

The Section headings within these Terms and Conditions are for convenience and not to be used in interpretation.

ACKNOWLEDGEMENT

Tanja Rene Art operates https://www.tanjareneart.com (“Website”, “Site”). These are the Terms and Conditions (“Terms”) governing the use of https://www.tanjareneart.com and the agreement that operates between you (“your”, “user(s)”, “visitor(s)”, “customer(s)”), prospective customer(s)”) and Tanja Rene Art (“we”, “us”, “our”). These Terms set out the rights and obligations of all users, visitors, customers, and prospective customers regarding our website. We offer our site, including all information, tools and services available from our site to you conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing and/or using our site, 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 link or hyperlink. In the event of an inconsistency between this agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. If you disagree with any part of these Terms then you may not access or use our site.

YOU REPRESENT THAT YOU ARE OVER THE AGE OF EIGHTEEN (18). WE DO NOT PERMIT THOSE UNDER EIGHTEEN (18) TO ACCESS OR USE OUR SITE.

Your access to and use of our website is also conditioned on your acceptance of and compliance with our Privacy Policy (Section 19 of these Terms). You can find our Privacy Policy here: https://www.tanjareneart.com/privacy-policy.

Any new features or tools added to our site shall be subject to our Terms. You can review the most current version of our Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to our site following the posting of any changes constitutes acceptance of those changes.

SECTION 1: GENERAL TERMS

When visiting, using and/or purchasing something from our website, you may not use our products or site for any illegal or unauthorized purpose nor may you, in the use of our products or site, violate any local, state, federal, national or international law.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of our Terms agreement will result in an immediate termination of your account and right to use our service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

· Restrict, suspend or terminate your access to all or any part of our site;

· Change, suspend or discontinue all or any part of our products or site;

· Refuse, move, or remove any content that is available on all or any part of our site;

· Deactivate or delete your accounts;

· Establish general practices and limits concerning the use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You may opt out of product announcements by contacting us through our contact page or by selecting “unsubscribe” at the bottom of the email you received.

You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

All copyright and reproduction rights are retained by Tanja Rene Art. Artwork and photography are only intended for personal use and may not be resold or reproduced in any way without the express written permission of Tanja Rene Art.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our site, use of our site, or access to our site or any contact on our site, without express written permission by Tanja Rene Art.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our site. Tanja Rene Art ‘s content is not for resale. Use of our site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will make no other use of our proprietary content without the express written permission of Tanja Rene Art. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tanja Rene Art or our licensors except as expressly authorized by these Terms.

SECTION 2: OUR OFFERS AND PRICING

Tanja Rene Art offers original paintings, photography, prints, tangible goods, digital goods, commissioned works and art licensing through our website. The price of these products and services can be found adjacent to those products. These prices include all applicable taxes and other fees unless otherwise stated.

prices for our products are subject to change without notice. We reserved the right at any time to modify or discontinue the service. (or any part or content there of) without notice. at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the service.

SECTION 3: PURCHASES

By placing an order for goods through our Service, You warrant that you are legally capable of entering into binding contracts.

If you wish to place an order for goods available through our service, You may be asked to supply certain information relevant to your order including, without limitation; your name, email, phone number, credit card number, the expiration date of your credit card, your card’s verification value (3 digit security number on back), billing address and shipping information.

You represent and warrant that you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order and that the information you supply to us is true, correct and complete.

When you make a purchase on our website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. you may make purchases using the following third party payment processors: Apple Pay and Stripe. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The third party payment processors accept the following payment method(s): American Express, MasterCard, and Visa. You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Payment cards (credit or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

All discounts are applied prior to shipping and tax. Unless otherwise stated in the add or on our site, all discounts are limited one per customer and/or email address.

SECTION 4: CANCELLATION POLICIES

Please note, NO exceptions will be made to the following cancellation policies:

Paintings, Photography, Prints, and other Tangible Goods

Paintings, Photography, Prints, and other Tangible Goods purchased on our site may be canceled up to 24 hours from the time the order is submitted or prior to shipping, whichever occurs first.

In the event any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matters beyond our control. In that event, you will have the right to cancel your order.

Digital Products

Digital products (e.g. digital files) purchased on our site are not considered tangible goods. We do not offer the ability to cancel Digital Products purchased on our site.

Commissioned Art Works

We do not offer the ability to cancel commissioned work unless otherwise specified in your executed Commissioned Art Contract with Tanja Rene Art.

Art Licensing

We do not offer the ability to cancel licensed projects unless otherwise specified in your executed Licensing Contract with Tanja Rene Art.

Reasons We May Cancel Your Order

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to availability of goods, errors in our descriptions or pricing, errors in your order, or the suspicion of fraud or illegal activity.

SECTION 5: EXCHANGES, DAMAGED ITEMS AND REFUNDS

Please note if You have a Commissioned Art Contract or Licensing Contract with Tanja Rene Art, you should refer to your executed contract for additional terms and/or exceptions.

Exchanges

Like exchanges on goods sold are at the sole discretion of Tanja Rene Art and are not guaranteed. Due to their nature, we do not offer exchanges on digital products. Any return shipping required to facilitate exchange is at the expense of the buyer..

Damaged Items

If an item is damaged during shipment, contact us through our contact page within one week of receiving your damaged product so that we may assist you in filing a claim. You will need photos of the outer packaging and damaged product to file your claim. Once your claim is received someone will contact you within two business days regarding replacement options.

Refunds

All sales are final. We do not offer refunds on digital or physical products. If you have a Commissioned Work Contract or Licensing Contract with us, please refer to your contract for exceptions. If an order is being returned to sender/lost in transit, and an invalid address was provided by the customer, a refund of the order production costs only will be issued to the customer less a 10% restocking fee.

tanja rene art reserves the right to make exceptions to, or change this policy at any time. at their discretion. for special consideration, you may contact us at tanjareneart@gmail.com. all approved refunds will be credited to the original payment method within 10 business days.

SECTION 6: SHIPPING AND DROPSHIPPING

Shipping

Tanja Rene Art primarily uses USPS and UPS for shipping. Alternative carriers may be used when warranted or requested by you, the customer.

You will be given a tracking number once your order has been shipped and an estimated delivery date. You should inspect your order upon receiving it and contact us within one week if the item is defective, damaged or if you receive the wrong item so that we can evaluate the issue and address it.

Any references to shipping times on our website are estimates. During times of heavier order volume some orders may experience longer production times, resulting in longer shipping times than posted on our website. Our customer service will notify you with expected delivery times and tracking information once your order has shipped.

shipping costs are non-refundable. Any shipping necessary to return a product, re-route a product, or exchange a product is at the expense of the customer. you are responsible for insuring any return for the value of the product and use a tracking method.

Dropshipping

Most items are shipped direct from Tanja Rene Art. In the event an item is dropshipped through one of our service providers, the Company is not liable for items damaged or lost in transit from that supplier. Contact us through our contact page within one week of receiving your damaged product or notification that your item was lost, so that we may assist you in filing a claim. Take photos of any damaged packaging or products, as these will be needed to file your claim. We will inform the supplier and contact you with your replacement options within two business days of receiving your claim.

International Shipping

Currently, Tanja Rene Art only ships within the United States. If you reside in another country and desire to make a purchase, please contact us using the contact form on our site and every effort will be made to assist you. Additional insurance, duty fees taxes or other fees may apply.

Tanja Rene Art will contact you prior to processing for approval of any additional charges related to shipping and/or insurance. At that time you will have the opportunity to cancel your order if you do not approve of the additional charges.

SECTION 7: NO WARRANTY ON PURCHASES

The items or services displayed or sold on our website are provided “as is,” no warranty, express or implied (including any Implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use shall apply to any Items or services displayed or sold on our website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

SECTION 8: AVAILABILITY, ERRORS, INACCURACIES AND OMISSIONS

Tanja Rene Art assumes no liability for the availability, errors, inaccuracies or omissions of the information, products or services provided on our website. The information, products and services found on our site may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We may experience delays in updating information on our website and in our advertising on other websites. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our site is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 9: ACCOUNTS

When you create an account on https://www.tanjareneart.com, you guarantee that you are eighteen (18) years of age or older and that the information that you provide us is accurate, complete, and current at all times.

Once you create an account with us, you are registered on the Tanja Rene Art website. The terms "member," "membership," and "account" all refer to this registration as a member on https://www.tanjareneart.com. If you are merely surfing or browsing through our site and have not yet created an account, your use of our site is still subject to this agreement; if you do not agree to this agreement, you do not have permission to access or use our site.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

When you create an account, you will provide a username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tanja Rene Art is not responsible for third party access to your account that results from theft or misappropriation of your account. You should notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Furthermore, you acknowledge, understand and agree to:

a) Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Tanja Rene Art will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the agreement, and as such refuse any and all current or future access and use of Tanja Rene Art’s Service, or any portion thereof.

Tanja Rene Art reserves the right to terminate Your account anytime at our sole discretion. You can terminate your account by emailing us at tanjareneart@gmail.com.

SECTION 10: CONDUCT

As a user of our website, you agree that all information, text, software, data photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Tanja Rene Art’s service, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our service, you may be exposed to content including, but not limited to, any errors or omissions in any content posted and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Tanja Rene Art. Furthermore, you agree not to make use of Tanja Rene Art's service for the purpose of:

a) Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) Causing harm to minors in any manner whatsoever;

c) Impersonating any individual or entity, including, but not limited to, any Tanja Rene Art officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

e) Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

f) Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

g) Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;

h) Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;

j) Interfering with or disrupting any Tanja Rene Art’s service, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

k) Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

l) Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;

m) “Stalking" or with the intent to otherwise harass another individual; and/or

n) Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Tanja Rene Art reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Tanja Rene Art or any other content providers supplying content services to Tanja Rene Art. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our service. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our service, despite whether done so in whole or in part, is expressly prohibited.

SECTION 11: GLOBAL USE; EXPORT/IMPORT COMPLIANCE

Due to the global nature of the Internet, through the use of our service, you agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.

Thus, you agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (https://www.trade.gov/us-export-regulations-0), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).

You state and pledge that you:

a) Are not on the list of prohibited individuals, which may be identified on any government export exclusion report, nor a member of any other government, which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) Agree not to transfer any software, technology or any other technical data through the use of our service to any export-prohibited country;

c) Agree not to use our service for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) Agree not to post, neither transfer nor upload any software, technology or any other technical data, which would be in violation of the U.S. or other applicable export and/or import laws.

SECTION 12: CONTRIBUTIONS

Tanja Rene Art may provide an area for you to contribute feedback to our website.

You acknowledge your contribution shall automatically become the sole property of Tanja Rene Art and we shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to your comments. Tanja Rene Art shall be entitled to make use of and/or disclose any such contributions in any such manner we see fit.

By submitting a comment to our website, you grant Tanja Rene Art a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content therein. When you make a comment or upload any content onto our website, you agree that other parties may view such comment or content and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations.

Tanja Rene Art reserves the right to pre-screen, refuse and/or delete any comment or content currently available on our site at anytime without warning or notice. The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our website:

Any comment or content of a harassing nature;
Any comment or content that is discriminatory;
Any comment or content containing foul language or abusive content;
Any comment or content that is sexually explicit;
Any comment or suggesting violence or encouraging illegal acts;
Any comment or content sharing others personal information without their consent;
Any comment or content advertising products or services without our permission;
Content infringing on someone’s rights, including but not limited to their personal information or intellectual property rights.

SECTION 13: INDEMNITY

You agree to insure and hold Tanja Rene Art, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our service, the use of Tanja Rene Art’s service or your connection with our service, your violations of our Terms and Conditions, your violation of our Privacy Policy and/or your violation of any such rights of another person.

SECTION 14: COMMERCIAL REUSE OF SERVICES

You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Tanja Rene Art's website.

SECTION 15: MODIFICATIONS TO THE WEBSITE

Tanja Rene Art reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our service, or any part thereof.

SECTION 16: RIGHT TO DISCONTINUE, LIMIT, SUSPEND OR TERMINATE

Tanja Rene Art reserves the right to terminate your access to our website immediately, without prior notice or liability. We reserve the right to discontinue, limit, suspend and or terminate your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of Your access shall include, but is not limited to:

Any prolonged period of inactivity;
Any engagement by you in any fraudulent or illegal activity;
At the request of law enforcement or any other governing agencies;
Any violation of our Terms and Conditions;
Any breach of contract between you and Tanja Rene Art.

Any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to our service.

Tanja Rene Art reserves the right to ban anyone from accessing our website for violating our Terms and Conditions.

secTION 17: optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever rising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party providers.

We may also in the future offer new services and or features through the website, (including the release of new tools and resources). Such new features and/or services shall be subject to these terms and conditions..

SECTION 18: LINKS

Our website may contain links and/or hyperlinks to websites operated by third parties and not by us. We provide such links for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Thus, It is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from our website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

By visiting and/or using our site, you acknowledge and agree that we are not responsible for the availability of any external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Tanja Rene Art shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

Tanja Rene Art strongly advises you to read the terms and conditions and privacy policies of any third party websites you visit.

SECTION 19: PRIVACY

Tanja Rene Art respects your privacy. Accordingly, we have established a Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Please read our Privacy Policy carefully as it contains important information regarding your privacy rights when accessing and/or using our website or service. You can find our Privacy Policy here: https://www.tanjareneart.com/privacy-policy.

By accessing and/or using our website you consent to our Terms and Conditions and our Privacy Policy as part of these Terms. If you are not in agreement with our Terms and/or Privacy Policy, then you should refrain from further use of our site. In addition, your continued use of our site following the posting of any updates or changes to our Terms and Conditions or Privacy Policy shall mean that you agree and accept such changes.

SECTION 20: NOTICE

Tanja Rene Art may furnish you with notices, including those with regards to any changes to the Terms and conditions, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our website in an unauthorized manner. Your acceptance of this agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our site in an authorized manner.

SECTION 21: NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

SECTION 22: PROPRIETARY RIGHTS

You agree that Tanja Rene Art’s service and any essential software that may be used in connection with our service shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any content that may be contained in any advertisements or information presented by and through our service or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Tanja Rene Art or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Tanja Rene Art’s service (e.g. Content or Software), in whole or part.

SECTION 23: INTELLECTUAL PROPERTY RIGHTS

Trademarks

All brand, product and service names used in our service that identify Tanja Rene Art are proprietary marks of Tanja Rene Art. All brand product and service names used in our service that identifies third parties and their products and services are proprietary marks of such third parties. Nothing in our service shall be deemed to confer on any person any license or right on the part of Tanja Rene Art or any third party with respect to any such image, logo or name.

Copyright

Unless otherwise stated in these Terms or on our website, Tanja Rene Art is the owner of all copyright and database rights of our service and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form, including but not limited to photocopying, photographing, scanning or storing it in any medium by electronic means.

You acknowledge, understand and agree that all of the Tanja Rene Art trademarks, copyright, trade name, service marks, and other Tanja Rene Art logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tanja Rene Art. You agree not to display and/or use in any manner the Tanja Rene Art logo or marks without obtaining Tanja Rene Art's prior written consent.

Claims of Copyright Infringement

Tanja Rene Art will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Tanja Rene Art may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of our site, which you allege, has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the copyright owner, its agents or the law does not authorize the alleged and disputed use of your work;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the content on our website.

The Tanja Rene Art agent for notice of claims of copyright or other intellectual property infringement can be contacted by emailing us at tanjareneart@gmail.com.

SECTION 24: WARRANTY DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF TANJA RENE ART’S SERVICE AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. TANJA RENE ART AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) TANJA RENE ART AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) TANJA RENE ART’S SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TANJA RENE ART’S SERVICE OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TANJA RENE ART’S SERVICE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOUR THROUGH OUR SERVICE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF TANJA RENE ART’S SERVICE OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TANJA RENE ART OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOUR EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

SECTION 25: LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT TANJA RENE ART AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

a) YOUR ACCESS AND USE OF OR INABILITY TO ACCESS, DISPLAY OR USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER THAT MAY BE RELATED TO OUR SERVICE.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WITLL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INSURE TO THE BENEFIT OF TANJA RENE ART THE AGREGATE LIABILITY OF TANJA RENE ART ARISING OUT OF OR RELATING TO OUR WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY TANJA RENE ART BY YOU.

SECTION 26: CONCERNS AND DISPUTES

If you have any concern or dispute about our service, you agree to first try to resolve the dispute informally by contacting Tanja Rene Art. All concerns and disputes received will be taken into full consideration. Please allow 30 days from receipt for reply. Replies will be at the discretion of the owner and/or their attorneys. Concerns and/or disputes may be addressed by emailing us at tanjareneart@gmail.com

SECTION 27: RELEASE

In the event you have a dispute, you agree to release Tanja Rene Art and its officers, directors, employees, agents, affiliates, co-branders, partners and any other third parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SECTION 28: ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and Tanja Rene Art and shall govern the use of our service, superseding any prior version of this agreement between you and us with respect to Tanja Rene Art’s Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Tanja Rene Art’s services, affiliate services, third party content or third party software.

SECTION 29: CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Tanja Rene Art with regard to the agreement that the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the agreement, or the relationship between you and Tanja Rene Art, shall be resolved in a court of competent jurisdiction within the County of Riverside, California or the U.S. District Court located in said county and state. You and Tanja Rene Art agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

SECTION 30: WAIVER AND SEVERABILITY OF TERMS

At any time, should Tanja Rene Art fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

SECTION 31: STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to Tanja Rene Art, the use of it’s site and/or services, and/or these Terms must be filed within one (1) year after said claim or cause of action arose or shall be forever barred. You and Tanja Rene Art agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the State of California, without giving effect to any principles of conflicts of law.

SECTION 32: VIOLATIONS

Please report any and all violations of this agreement to Tanja Rene Art as follows: Email: tanjareneart@gmail.com

SECTION 33: GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, Tanja Rene Art may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by these Terms and our Privacy Policy.

SECTION 34: FOREIGN ACCESS OF SITE

Our site is controlled, operated and administered by Tanja Rene Art from our office in California, USA. If you access our site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Tanja Rene Art's content accessed through our site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. You agree to all Tanja Rene Art’s Terms and Conditions and Privacy Policy. If you do not agree to these Terms you do not have permission to use our site. Furthermore, in the event these Terms were translated, you agree that the original English text shall prevail in the case of a dispute.

SECTION 35: CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you are not allowed continued access and/or use of our site.

QUESTIONS

If you have any questions about these Terms and Conditions, please email us at tanjareneart@gmail.com.