Terms & Conditions

Acceptance of Terms and Conditions
Ana Tzarev New York LLC (“ATNY”) provides this website and the online store (together, the "ATNY website") to promote the works of Ana Tzarev and other artist, and foster public appreciation of art. By accessing the ATNY website, you accept without limitation or qualification these terms and conditions (the “terms and conditions”). ATNY may revise these terms and conditions at any time, which revisions shall bind you. If you do not wish to be bound by these terms and conditions, please exit the ATNY website now and refrain from further use.

Protection of Privacy
ATNY is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the ATNY website is governed by ATNY's privacy policy. Please note that the ATNY website is not specifically dedicated to children and ATNY does not actively solicit information from children. Children under the age of twelve are required to obtain permission from an adult before submitting information to the ATNY website.

Trademarks
The names, titles, trademarks, service marks, and logos that appear on the ATNY website are registered and unregistered marks of ATNY, including but not limited to Ana Tzarev, ATNY, and Love & Peace ("ATNY trademarks"). You may not use the ATNY trademarks without ATNY's prior written permission.

The trademarks of third parties may also appear on the ATNY website from time to time; you may not use these trademarks without prior, written permission of their respective owners. You acknowledge and agree that nothing on the ATNY website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the ATNY trademarks or may be construed to mean that ATNY has authority to grant any right or license on behalf of any third party trademark owner.

All Content Is Protected By Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the ATNY website are protected by copyright laws and may be covered by other restrictions as well. ATNY retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, ATNY. ATNY expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.

Fair Use Is Permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from ATNY's website for such uses are welcome to do so without ATNY's express permission. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL http://www.anazarev.com.

By downloading, printing, or otherwise using text, audio, video, image and other files from the ATNY website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate ATNY's or any other party's proprietary rights.

Commercial Use Is Restricted
Unauthorized publication or exploitation of ATNY's files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from ATNY's collection should be addressed directly to info@anatzarev.com.

Reservation of Rights
All rights not expressly granted by ATNY herein are specifically and completely reserved. Nothing on the ATNY website or in these terms and conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that ATNY has authority to grant any right or license on behalf of any third party.

Digital Millennium Copyright Agent
ATNY respects the intellectual property of others, and we ask users of the ATNY website to do the same. ATNY may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the ATNY website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to ATNY's copyright agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the ATNY website;
  • Your address, telephone number, and email address;
  • 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;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ATNY’s agent for notice of claims of copyright infringement can be reached as follows:

By email:
info@anatzarev.com

By telephone:
+1 917 940 1631

Submissions
Any communication or material you post, transmit, or distribute to the ATNY website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ATNY or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, ATNY is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the ATNY website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.

Warranty and Indemnification
By using the ATNY website in any manner, you represent and warrant that your use will be consistent with these terms and conditions, including fair use. You agree to indemnify, defend, and hold ATNY, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the ATNY website.

Disclaimer of Warranties
ATNY provides the site on an "as is" basis. Your use of the site, content, and compilation is at your own risk. ATNY disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third party proprietary rights. ATNY does not warrant that the site will provide continuous, prompt, secure, or error-free service. ATNY makes reasonable, ongoing efforts to revise and update the site, but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the site. ATNY assumes no responsibility, and shall not be liable for, any damages to, or viruses may affect, your computer equipment or other property arising from your use of the site, including but not limited to the reproduction of the content or compilation.

Limitation of Liability
Neither ATNY, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) arising from or related to your use of the site, content, and/or compilation.

Severance and Waiver
You acknowledge and agree that in the event any provision of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these terms and conditions. ATNY's failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless agreed to in writing by ATNY.

Venue and Choice of Law
These terms and conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the state of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this agreement shall be brought in any federal or state court located in New York county and the state of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Entire Agreement
These terms and conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this agreement must be effected by an instrument in writing signed by the parties.

Last update: 14 May 2015