Welcome to the Tabarka Studio website (the “Site”). By accessing the Site, you agree that you have read, understand, acknowledge, and agree to comply with: (i) our Terms of Use; and (ii) our Privacy Policy. The terms “Tabarka Studio” or “us” or “we” or “our” refers to Tabarka Studio, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. We reserve the right to terminate or suspend your ability to use or access the Site or any portion thereof for any reason whatsoever.
Applicable Law/Jurisdiction/Venue. The Terms of Use and Privacy Policy were created in Arizona and shall be treated as though it were executed and performed in Arizona, where Tabarka Studio is based and operates, and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, information you provided to the Site, and/or these Terms of Use, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Maricopa, in the State of Arizona.
Terms of Use
Modifications. Tabarka Studio reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically as they are subject to change. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.
Accounts and Registrations. Certain sections of the Site may require you to provide personal information in order to access and/or use certain features, functions or services of the Site or to participate in promotions that we sometimes offer. If information is requested, you agree to provide us with accurate, complete registration information. Our Privacy Policy describes the personal information we collect, use, manage, disclose and store. Any information provided on the Site is for your personal use only. You may not allow any other person or entity to use your user name or password (to the extent that one is required). Tabarka Studio is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user name or password.
Ownership of Intellectual Property. The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of Tabarka Studio and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under copyright law and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed below, is strictly prohibited.
Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; (b) to use the Site solely for personal and non-commercial purposes; and to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
Submission of Information by You. Portions of this Site may be developed to permit you and others to submit, distribute, transmit, upload, post or exchange information, opinions, ideas, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings. You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site that: (i) contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site; (ii) infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights; (iii) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful.
You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in any form.
Tabarka Studio possesses the right to use, delete, exploit and distribute any Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Upon your submission of a Posting to the Site, it shall become the property of Tabarka Studio and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.
Tabarka Studio does not monitor, edit or screen any Postings but reserves the right to do so in the future. Postings do not reflect the views or opinions of Tabarka Studios. You acknowledge, understand and agree that Tabarka Studio shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.
Links to Other Websites/Social Media. The Site may contain links to other websites and/or social media platforms including Facebook and Twitter. These links are provided solely as a convenience to you and are not endorsements of these website and/or social media platforms or any products or services available from such websites. These websites may have privacy policies different than our Privacy Policy.
Errors, Corrections and Changes. Tabarka Studio does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time.
Copyrights. Tabarka Studio respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your name, physical address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our contact for notice of claims of copyright infringement on the Site is yvonne@tabarkastudio.com.
DISCLAIMER. THIS SITE IS INTENDED FOR INFORMATIONAL OR HARD SURFACES PRODUCT PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE LEGAL OR PROFESSIONAL ADVICE. YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
LIMITATION OF LIABILITY. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT TABARKA STUDIOSHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TABARKA STUDIO AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Privacy Policy
We want you to enjoy every visit to this Site. Tabarka Studio reserves the right to change this privacy policy at any time. Be sure to check this page periodically for updates. This policy applies only to personal information collected online on the Site and does not apply to information collected offline by Tabarka Studio. This policy is effective June 1, 2014.
Promotional Events. If you choose to take part in a promotional event, we’ll ask for any information necessary to the administration of the event such as your name, email address, and shipping address. We may, on occasion, co-sponsor promotions with third parties. We will notify you at the time of collection if third parties will obtain your personal information.
Surveys. From time-to-time we may post surveys on our Site. The surveys may request demographic information (such as age range, gender, areas of interest, and familiarity with Tabarka Studio products and services) and customer feedback. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience offered by Tabarka Studio and on the Site.
Aggregate Information. We collect Aggregate Information about you and your use of our Site whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for the Site (i.e., referring URLs or domains), traffic statistics, page views, impressions, and operating system and browser type. This Aggregate Information generally will not personally identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that, such information does not personally identify you. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any Aggregate Information to you, such information will be treated like any other Personal Information under this policy.
E-Mail Updates. Unless we hear from you otherwise, we’ll email you occasional updates about Tabarka Studio. If at any time you decide you’d rather not receive this type of information from us, simply “opt out” of such communication in the email and select the option to be removed from email updates/promotions.
Disclosures. We do not share any of your personal information with others. Tabarka Studio reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the Site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
Company Sale. Information collected through our Web site is considered a trade secret of Tabarka Studio. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.
Contact Us
If you have any questions, you can call or write to us at Tabarka Studio. Our contact information is:
Tabarka Studio
7501 E. Redfield Rd., Bldg. B
Scottsdale, AZ 85260
P: 480-968-3999
sales@tabarkastudio.com
