Terms of Service

This website is operated by Art by Tiff LLC d/b/a “Tiffany Dnaka” (the “Company,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to the Company. We offer 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 of Service (“Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions, you may not access the website or use any services. Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates here. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms, viruses, or code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Accounts; Password & Security

When you create an account, you agree to provide a current email address and promptly update it if it changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are responsible for all activities that occur under your account and password. We are not liable for any loss or damage arising from your failure to keep your account credentials secure.

3. User Conduct & Submitted Content

You agree not to upload, post, email, or otherwise transmit any content that is unlawful, harmful, obscene, hateful, infringing, or invasive of privacy or publicity rights; that you do not have a lawful right to reproduce or distribute; that encourages criminal conduct; or that contains malware or other harmful code. By submitting content, you represent and warrant you have all rights necessary to grant us the limited right to process and display that content solely to provide the Service you requested (e.g., generating your custom artwork), subject to the Ownership & Licensing section below. We may remove content that violates these Terms. We may preserve and disclose content if required by law or in good-faith belief that such action is reasonably necessary to comply with legal process, enforce these Terms, respond to claims, or protect rights, property, or safety.

4. Pricing; Orders; Shipping

Pricing. Prices are listed in U.S. Dollars and may change at our discretion (e.g., promotions or seasonal sales).
Orders. By placing an order, you agree to pay the fees in effect at checkout. We may limit or cancel quantities per person, per household, or per order. If we change or cancel an order, we may attempt to notify you via the email and/or billing details provided. We reserve the right to refuse Service to anyone for any reason at any time.
Shipping & Risk of Loss. Title and risk of loss pass to you upon our delivery of products to the carrier. We may ship partial orders at no additional cost.
Taxes. You are responsible for all applicable taxes and duties unless we are required to collect and remit them.

5. Third-Party Links & Tools

Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites and we do not warrant or assume liability for them. Review third-party policies before engaging in any transaction.

6. Ownership & Licensing (Copyright)

Ownership. All artwork is © Tiffany Dnaka and owned by Art by Tiff LLC. No transfer of copyright is granted.
Personal Purchases. Purchasing artwork (including commissions) gives you a physical product and a personal, non-commercial display right only unless otherwise licensed in writing.
No Reproduction/Redistribution. Purchase of artwork does not include rights to reproduce, resell, distribute, make derivatives, upload to print-on-demand services, use on packaging, logos, advertising, or any commercial channel except as expressly permitted below.

Permitted Resale of Physical Artwork

• You may resell the exact physical artwork you lawfully purchased from us. This includes originals and prints that you obtained directly from Art by Tiff LLC or an authorized distributor.

• Resale does not include reproduction rights. You may not scan, photograph for mass production, reprint, digitize, or otherwise create copies or derivative products from the artwork.

• Marketing to sell that one item. You may show your own photographs of the specific piece solely to offer that exact physical item for resale. Do not remove signatures/watermarks or imply endorsement, affiliation, or sponsorship by Art by Tiff LLC.

• No digital files or templates. We do not provide master/source files; digital redistribution is not permitted.

• Wholesale/retail inventory. Retailers may resell sealed/finished pieces purchased directly from us or our authorized partners. Any broader advertising, campaign use, or brand/trademark use requires prior written permission.

7. Intellectual Property; Site Materials

The site and its original content, features, and functionality are owned by Art by Tiff LLC and are protected by copyright, trademark, and other laws. You may not use our trademarks, logos, or trade dress without prior written permission.

8. Product Info; Color & Materials

We make reasonable efforts to display product colors, finishes, and materials accurately, but your screen and device settings may affect appearance. Minor variations are not defects.

9. Refunds, Revisions & Custom Work

Because custom items are made to order, they are generally final sale except where required by law or if we expressly offer a satisfaction policy. We provide a proof/approval stage where stated; production proceeds after written approval. Post-approval changes may incur additional fees or be unavailable.

10. Disclaimer of Warranties; Limitation of Liability

The Service and all products are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. To the maximum extent permitted by law, in no event will we or our officers, employees, agents, contractors, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of the Service or products. In jurisdictions that do not allow limitations of liability, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Art by Tiff LLC, our affiliates, officers, directors, employees, contractors, and agents from any claim, demand, or expense (including reasonable attorneys’ fees) arising out of your breach of these Terms or violation of any law or third-party right.

12. Dispute Resolution; Arbitration; Class Action Waiver

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, held in Orange County, California, unless otherwise required by law. You waive the right to a jury trial.Arbitration will be conducted on an individual basis; class actions and class arbitrations are not permitted. A court of competent jurisdiction may enter judgment on the arbitrator’s award. Notwithstanding the foregoing, either party may seek injunctive or equitable relief for intellectual-property or confidentiality matters in any court of competent jurisdiction.

13. Governing Law; Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to the arbitration provision, exclusive venue lies in the state or federal courts located in Orange County, California, and you consent to personal jurisdiction there.

14. Changes to the Service or Terms

We may modify or discontinue the Service (or any part of it) without notice. We may update these Terms by posting a revised version with a new “Effective Date.” Your continued use constitutes acceptance.

15. Miscellaneous

If any provision of these Terms is held unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions. No waiver of any term is a continuing waiver. You warrant that you have all rights and authority to agree to these Terms. These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements.