Terms of Use

Last updated on August 2025

 

This website, www.tinalloyd.com including all pages, content and subdomains, (collectively, “Site”) is owned and operated by Tina Lloyd Fine Art.  

 

FEES AND REFUNDS

 

Fees

All fees are listed in CDN and are subject to change. By purchasing through our Site, you authorize us and any third-party payment processors we use, to charge your chosen payment method for the total amount at checkout, including any applicable taxes.

Refunds

To help you quickly please contact me immediately for further discussion and support.

Payment Authorization

If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

  

 

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

 

Ownership of Intellectual Property Rights
All content, images, text, designs, graphics, icons, copyright, and service marks (“Intellectual Property”) on our Site and within our Services or posted on social media is owned by me, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property as this is a violation of our rights and of federal law.

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever. 

Linking to our Site and Social Media
Before you link to our website or social media, please ensure you are following our guidelines for doing so.  If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to my Site in the cited material. You are not permitted to share copied information or content from my Site without my express, written permission. All links to my Site must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).

You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us. 

You may not:

·         Copy or modify the product for redistribution;

·         Claim the Product or any variations as your own.

 

 

SECURITY

 

General

Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Account Security
You are responsible for safeguarding any login details associated with accessing our Services. If you suspect your account has been compromised, please contact us immediately.

Use of Third-Party Applications

We use third-party platforms to deliver Services and process payments. Your data may be stored or processed by these third parties. Refer to our Privacy Policy  for more details.

 

USER CONTENT & COMMUNICATIONS

User Content & Communications

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and your breach of these Terms.

 

ASSUMPTION OF RISK AND DISCLAIMERS

Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

No Guarantees; Testimonial Disclaimer
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and does not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation unless expressly indicated otherwise.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

 Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control, and you may need to access support from a third-party contributor. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Use of Artificial Intelligence Disclaimer

We may use artificial intelligence (“AI”)  to create content and resources for our Site or to provide customer service. Our Site and related materials may contain the use of AI technologies including, but not limited to, AI-generated text, graphics, images, and/or audio. We confirm AI technology was used as a tool by us to supplement, enhance, and make suggestions to our content, and not as a replacement for our own thoughts, ideas and final materials. We further confirm that the content and resources, opinions and final products, whether offered for free or for sale, are wholly human and original to us. We retain and maintain sole copyright ownership over such content. We further confirm we were given a non-exclusive license to use such AI-generated content from third-party AI platform(s). You understand and acknowledge that we make no guarantee as to the accuracy of third-party AI-generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any AI-generated content on this website is used at solely at your own risk.

Third-Party Contributors

We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure contributors are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy.  All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.

 

Online Store Disclaimer

Certain products may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected.

 

LIMITATION OF LIABILITY AND INDEMNITY

 

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL [YOUR BUSINESS/COMPANY NAME], OR WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

 

Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify, release and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use or misuse of our Site.

Affiliate Disclaimer
We may use affiliate links to sell certain products or services on our Site meaning that if you click on a link and purchase an item, we may receive an affiliate commission. In accordance with legal requirements, we will clearly disclose when affiliate links are used. We are not responsible for the quality, accuracy, or delivery of any third-party products or services purchased through affiliate links. You agree to assume all responsibility for your use of affiliate-linked products or services and to review the terms and conditions provided by the third party.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

 

DISPUTES AND CLAIMS

Notice of Dispute or Claim

You will not file any legal action against Tina Lloyd Fine Art in any forum without submitting a detailed description of your dispute or claim to us at tina.lloyd002@gmail.com ("Dispute"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the Site page(s) affected by the issue, reference to any legal authority governing the issue, citations to applicable laws, and any other information a reasonable person would consider relevant to resolving the issue.

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site.

Governing Law, Jurisdiction; Legal Fees
These Terms,  as well as our Privacy Policy are governed by and interpreted in accordance with the laws of British Columbia and the federal laws of CANADA where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Victoria, British Columbia. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

 Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

 Waiver
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

All Rights Reserved

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. [If you want to be notified about changes to these Terms and our Privacy Policy, please email us at [INSERT YOUR EMAIL ADDRESS] and we will add you to our notification list.] If you continue to use the Site after we make changes, you agree to the changes.  All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

 Contact
If you have any questions about these Terms and Conditions of Use, please send an email to: tina.lloyd002@gmail.com