Terms of Service
Date of Last Revision: October 10, 2020
The following is a legal agreement between you (“you” or “User/s”) and the owners and operators (“we”, “us”, or “Spinkly Creations”) of the site at Spinkly Creations.co.ke (the “Website”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Spinkly Creations to be bound by the terms and conditions in these Terms of Service (“Terms”).
“Content” shall refer collectively to all Images and Videos available under the Spinkly Creations License. “Image/s” includes photographs, vectors, drawings, and illustrations. “Video/s” refers to any moving images, animations, films, or other audio/visual representations.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
Requirements and Registration
Use of the Service
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of Spinkly Creations and our licensors, affiliates and partners and you are granted no license in respect of that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by Spinkly Creations.
Large scale or systematic copying of Content, including using any of the methods referred to above, is prohibited except as expressly authorized by Spinkly Creations. This applies to all Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.
License for Images and Videos – Spinkly Creations License
Images and Videos on Spinkly Creations are made available under the Spinkly Creations License on the following terms. Under the Spinkly Creations License you are granted an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Images and Videos for commercial or non-commercial purposes. Attribution of the photographer or Spinkly Creations is not required but is always appreciated.
The Spinkly Creations License does not allow:
- sale or distribution of Images or Videos as digital stock photos or as digital wallpapers;
- sale or distribution of Images or Videos e.g. as a posters, digital prints or physical products, without adding any additional elements or otherwise adding value;
- depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
- any suggestion that there is an endorsement of products and services by depicted persons, brands, and organisations, unless permission was granted.
Please be aware that while all Images and Videos on Spinkly Creations are free to use for commercial and non-commercial purposes, depicted items in the Images or Videos, such as identifiable people, logos, brands, etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights – particularly for commercial applications. Spinkly Creations does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.
By uploading Images or Videos to the Website, you grant Spinkly Creations and its users an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Images and Videos for almost any purpose, both commercial and non-commercial. For the avoidance of doubt, this includes the right of Spinkly Creations to distribute the Images or Videos under the Spinkly Creations License or any other license offered by Spinkly Creations from time to time.
You are solely responsible for the Content you upload. You warrant that:
- you own all proprietary rights in the Content you upload to the Website and that the Content does not infringe the copyright, property right, trademark or other applicable rights of any third parties; and
- you have obtained a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
You accept that even though we do our best to prevent it from happening, Spinkly Creations cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any Content you upload.
We also reserve the right to remove any Content at any time and for any reason, including if we believe it’s defective, of poor quality, or in violation of these Terms.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.
Indemnification for breach of Terms
You agree to indemnify and hold harmless Spinkly Creations from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless Spinkly Creations from and against any and all claims brought by third parties arising out of your use of the Website.
Warranty and liability
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPINKLY CREATIONS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
SPINKLY CREATIONS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.
The following information is to help you understand how we collect, use, disseminate and safeguard the data you provide while accessing and using Spinkly Creations.
You may provide certain personal information, such as your first and last name, the country you live in, PayPal address, and email address, which will be displayed on your public profile page on Spinkly Creations.
Whenever you visit a page, our servers automatically record certain information that your web browser sends. This may include information such as your IP address, browser type and language, pages viewed, the date and time. This data is used for ensuring the stability of our provided services and is deleted automatically after seven days.
We respect and are committed to protecting your privacy. We do not sell or otherwise provide personal information to other companies for the marketing of their own products or services. We will retain your personal information for as long as your account is active or as needed to provide you services or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We reserve the right to disclose your personal information as required by law (e.g., to comply with a subpoena, warrant, or court order) and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.
A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies are used on Spinkly Creations to store visitor preferences and other technical information required for the functionality of the Website. No personal information is stored in these cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
Persons under 16
Spinkly Creations is not marketed toward persons under the age of 16. If we discover that personal information was inadvertently collected about individuals under the age 16, we will promptly delete such information.