Terms and Conditions

 

Agreement Between User and www.spkcreative.com

Welcome to www.spkcreative.com. The www.spkcreative.com website (the "Site") is comprised of various web pages operated by Shari P Kantor Creative Universe SPKCreative LLC (SPKCreative). www.spkcreative.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.spkcreative.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.spkcreative.com is a News and Information Site

www.spkcreative.com provides information, tips and interactive tools for SPKCREATIVE products, including but not limited to Shari P Kantor Gallery of Vividly Cheerful Abstract Art, Shari P Kantor Creative Guru, SPKCreative Color Consulting Services, SPKCreative Fabric and Wallpaper, SPKCreative Stationery and Gifts, MINE! Get your own! Cookie Butter and Keeg the Ninja Monkey Villain.

 

Privacy

Your use of www.spkcreative.com is subject to SPKCREATIVE's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.spkcreative.com or sending emails to SPKCREATIVE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SPKCREATIVE is not responsible for third party access to your account that results from theft or misappropriation of your account.

 

SPKCREATIVE and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion. SPKCREATIVE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.spkcreative.com only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

www.spkcreative.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SPKCREATIVE and SPKCREATIVE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SPKCREATIVE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SPKCREATIVE of the site or any association with its operators.

 

Certain services made available via www.spkcreative.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.spkcreative.com domain, you hereby acknowledge and consent that SPKCREATIVE may share such information and data with any third party with whom SPKCREATIVE has a contractual relationship to provide the requested product, service or functionality on behalf of www.spkcreative.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.spkcreative.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SPKCREATIVE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

 

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SPKCREATIVE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will 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 the Site. SPKCREATIVE content is not for resale. Your use of the Site does not entitle you 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 use protected content solely for your personal use, and will make no other use of the content without the express written permission of SPKCREATIVE and the copyright owner. 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 SPKCREATIVE or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

SPKCREATIVE has no obligation to monitor the Communication Services. However, SPKCREATIVE reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SPKCREATIVE reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

SPKCREATIVE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SPKCREATIVE's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SPKCREATIVE does not control or endorse the content, messages or information found in any Communication Service and, therefore, SPKCREATIVE specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SPKCREATIVE spokespersons, and their views do not necessarily reflect those of SPKCREATIVE.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials provided to www.spkcreative.com or posted on any SPKCREATIVE web page SPKCREATIVE does not claim ownership of the materials you provide to www.spkcreative.com (including feedback and suggestions) or post, upload, input or submit to any SPKCREATIVE Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SPKCREATIVE, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. SPKCREATIVE is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SPKCREATIVE's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by SPKCREATIVE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SPKCREATIVE Content accessed through www.spkcreative.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless SPKCREATIVE, its owners, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SPKCREATIVE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SPKCREATIVE in asserting any available defenses.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPKCREATIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

SPKCREATIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPKCREATIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPKCREATIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPKCREATIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

You agree that no ownership, joint venture, partnership, employment or agency relationship exists between you and SPKCREATIVE as a result of this agreement or use of the Site. SPKCREATIVE's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SPKCREATIVE's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SPKCREATIVE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

By joining our mailing list and social media circle; contacting us; funding us via crowdfunding campaigns; investing in us; being part of our test market; working for/with us in voluntary, internship, temporary/permanent employment and/or supplying materials or packaging, you agree not to disclose our production and marketing methods, not to disclose our materials and to have your feedback/comments used in marketing collateral, including this website, as we see fit. We will not share your information with third parties unless required to do so by governmental agencies. You agree that you will not compete with our products(s) or company in any capacity, nor will you work with/for our competitors for at least two years from contact, test market, employment, volunteering, interning, investment and/or funding for/with/in our company. You agree that you will not share, post, publish or publicize through word of mouth, print, social media, electronic communications or other means any negative feedback that you have or have heard, read or learned from a third party about Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively. You agree that you will not defame, commit libel or commit slander against Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively. You agree that you will not disclose private information to third parties, such as home addresses, personal/home phone numbers and personal email addresses for Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively. You agree to refrain from picketing and boycotting of, theft from; threats and/or acts of violence, harassment, sexual harassment, bullying, intimidation and dox to; vandalism of and hate speech against Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively. You agree to refrain from engaging other parties to act on your behalf in the aforementioned terms. You agree to assume full liability for all other parties acting on your behalf in the aforementioned terms.

 

Additionally, by viewing or purchasing works of art, products and services, regardless of whether you have received it for free by us or a third party or purchased it yourself, you assume full liability for any adverse reactions you may incur. By viewing or purchasing works of art, products and/or services, regardless of whether you have received it for free by us or a third party or purchased it yourself, you agree to waive your rights to legal action against Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively. The American English version of this site, as well as all communications, including invoices, supersede all translated versions without exception.

 

If you volunteer to be part of the test market and/or volunteer to work with or be an intern for SPKCreative, you assume full liability for any allergic reactions, illness, injury, disability, accident or death that you may incur. If you volunteer to be part of the test market and/or volunteer to work with or be an intern for SPKCreative, you agree to waive your rights to legal action against Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively. 

 

If you provide funding for or invest in SPKCreative, you assume full liability for any financial loss that you may incur as we are a privately held start-up company with limited resources and you assume the risk of financing such a business venture. If you provide funding for or invest in SPKCreative, you agree to waive your rights to legal action against Shari and Paul Kantor and SPKCreative, its volunteers and its employees either individually or collectively.

 

All paintings are one-of-a-kind and there are no authorized prints, lithographs or giclees. All photographs and digital art are available solely through www.spkcreative.com in limited edition prints of 18 and there are no authorized lithographs or giclees. Shari E. Kantor is the sole artist and creator, and Shari E. Kantor and SPKCreative are the owners, of all of her digital art, drawings, engravings, etchings, giclees, lithographs, marketing collateral, merchandise, multimedia art, paintings, photographs, prints, sculptures, textiles and titles of works of art, including but not limited to the phrases vividly cheerful, Get your own! and "Spread" the love, and the brand names and logos of SPKCreative, including but not limited to, Shari P Kantor; SPKCreative; Shari P Kantor Gallery of Vividly Cheerful Abstract Art; Shari P Kantor, Creative Guru, is Creativity Without Boundaries; SPKCreative; SPKCreative Abstract Art; SPKCreative Color Consulting Services; SPKCreative Fabric and Wallpaper; SPKCreative Stationery and Gifts; PRK Stationery and Gifts; Alphabet People and each Alphabet Person; Heart People and Heart Person; Keeg the Ninja Monkey Villain, Keeg the Villain, Keeg Villain, the Ninja Monkey Minions, Vanish Monkey, Vanish Monkeys, Robot Femme Fatale, Robot Femme Fatales, Irahs the Ninja Monkey Minion, Luap the Ninja Monkey Minion, Noj the Ninja Monkey Minion, Trebor the Ninja Monkey Minion, Yerffej the Ninja Monkey Minion, Adohr the Vanish Monkey, Carnation the Robot Femme Fatale, Hydrangea the Robot Femme Fatale and MINE! Get your own! Cookie Butter and the MINE! Get your own! Cookie Butter nutmeg. 

No image shown on this website or used in any of the aforementioned brands may be reprinted, reproduced or republished in part or in whole for any reason without the express written, signed and notarized permission of Shari E. Kantor, artist and SPKCreative. Shari E. Kantor and SPKCreative retain all applicable copyrights and trademarks in the United States and all other countries and territories to all of her digital art, drawings, engravings, etchings, giclees, lithographs, marketing collateral, merchandise, multimedia art, paintings, photographs, prints, sculptures, textiles and titles of works of art, including but not limited to the phrases vividly cheerful, Get your own! and "Spread" the love and the brand names and logos of SPKCreative, including but not limited to, Shari P Kantor, SPKCreative, Shari P Kantor Gallery of Vividly Cheerful Abstract Art; Shari P Kantor, Creative Guru, is Creativity Without Boundaries; SPKCreative; SPKCreative Abstract Art; SPKCreative Color Consulting Services; SPKCreative Fabric and Wallpaper; SPKCreative Stationery and Gifts; PRK Stationery and Gifts; Alphabet People and each Alphabet Person; Heart People and Heart Person; Keeg the Ninja Monkey Villain, Keeg the Villain, Keeg Villain, the Ninja Monkey Minions, Vanish Monkey, Vanish Monkeys, Robot Femme Fatale, Robot Femme Fatales, Irahs the Ninja Monkey Minion, Luap the Ninja Monkey Minion, Noj the Ninja Monkey Minion, Trebor the Ninja Monkey Minion, Yerffej the Ninja Monkey Minion, Adohr the Vanish Monkey, Carnation the Robot Femme Fatale, Hydrangea the Robot Femme Fatale and MINE! Get your own! Cookie Butter 
and the MINE! Get your own! Cookie Butter nutmeg, regardless of original sale and resales of aforementioned work and regardless of whether the aforementioned work was created under her maiden or married name. All applicable resale fee(s) and droit de suite laws apply to all purchases, including but not limited to, commissioned works of art, original works of art, photographs and digital art.

 

The phrases vividly cheerful, Get your own! and "Spread" the love and the brand names and logos, including but not limited to red and yellow SPKCreative flower logos, and red and yellow butterfly logos, of SPKCreative, including but not limited to, Shari P Kantor, SPKCreative, Shari P Kantor Gallery of Vividly Cheerful Abstract Art; Shari P Kantor, Creative Guru, is Creativity Without Boundaries; SPKCreative; SPKCreative Abstract Art; SPKCreative Color Consulting Services; SPKCreative Fabric and Wallpaper; SPKCreative Stationery and Gifts; PRK Stationery and Gifts; Alphabet People and each Alphabet Person; Heart People and Heart Person; Keeg the Ninja Monkey Villain, Keeg the Villain, Keeg Villain, the Ninja Monkey Minions, Vanish Monkey, Vanish Monkeys, Robot Femme Fatale, Robot Femme Fatales, Irahs the Ninja Monkey Minion, Luap the Ninja Monkey Minion, Noj the Ninja Monkey Minion, Trebor the Ninja Monkey Minion, Yerffej the Ninja Monkey Minion, Adohr the Vanish Monkey, Carnation the Robot Femme Fatale, Hydrangea the Robot Femme Fatale and MINE! Get your own! Cookie Butter and the MINE! Get your own! Cookie Butter nutmeg are trademarks of Shari P Kantor Creative Universe SPKCreative LLC. All rights reserved.

 

You consent to our Terms by engaging in any of the aforementioned activities at any time in any capacity. We may take legal action against you if you breach our Terms.

 

Termination/Access Restriction

SPKCREATIVE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SPKCREATIVE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SPKCREATIVE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

SPKCREATIVE reserves the right, in its sole discretion, to change the Terms under which www.spkcreative.com is offered. The most current version of the Terms will supersede all previous versions. SPKCREATIVE encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

SPKCREATIVE welcomes your questions or comments regarding the Terms:

Shari P Kantor Creative Universe SPKCreative LLC

Kingston, PA 18704-5333

001 570 550 1608

customerservice@spkcreative.com

 

 

 

 

 

Effective June 8, 2019