TERMS & CONDITIONS OF USE
THE SIMPLE VERSION
I’m a just a creative guy sharing my stories and songs. I want you to be happy and for your information to be respected. If you trust me with your email address, you can unsubscribe at any time. If you use my website, browse or purchase from any of my online stores, or engage with any of my social profiles, I will do my best to make sure your engagement informs how, when, and what content I later share with you.
My goal is for you to hear my songs, but my real desire is that you ENJOY them. That’s not going to be easy for me if I’m abusing your privacy, right? That’s my rule of thumb for how I’ll “use” your “data.”
Now for the fine print…
Last Updated: May 1st, 2019
This website is owned and operated by Spynoh Creativity, a resident of the Province of Alberta.
You must be at least sixteen years of age to use this website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
COLLECTION OF YOUR PERSONAL INFORMATION
WE MAY COLLECT PERSONALLY IDENTIFIABLE INFORMATION, SUCH AS YOUR NAME. IF YOU PURCHASE SPYNOH CREATIVITY’S PRODUCTS AND SERVICES, WE COLLECT BILLING AND CREDIT CARD INFORMATION. THIS INFORMATION IS USED TO COMPLETE THE PURCHASE TRANSACTION. WE MAY GATHER ADDITIONAL PERSONAL OR NON-PERSONAL INFORMATION IN THE FUTURE.
INFORMATION ABOUT YOUR COMPUTER HARDWARE AND SOFTWARE MAY BE AUTOMATICALLY COLLECTED BY THIS WEBSITE. THIS INFORMATION CAN INCLUDE: YOUR IP ADDRESS, BROWSER TYPE, DOMAIN NAMES, ACCESS TIMES AND REFERRING WEBSITE ADDRESSES. THIS INFORMATION IS USED FOR THE OPERATION OF THE SERVICE, TO MAINTAIN QUALITY OF THE SERVICE, AND TO PROVIDE GENERAL STATISTICS REGARDING USE OF SPYNOH CREATIVITY’S WEBSITES.
PLEASE KEEP IN MIND THAT IF YOU DIRECTLY DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION OR PERSONALLY SENSITIVE DATA THROUGH OUR PUBLIC MESSAGE BOARDS, THIS INFORMATION MAY BE COLLECTED AND USED BY OTHERS.
WE ENCOURAGE YOU TO REVIEW THE PRIVACY STATEMENTS OF WEBSITES YOU CHOOSE TO LINK TO FROM THIS SITE SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE AND SHARE YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR THE PRIVACY STATEMENTS OR OTHER CONTENT ON WEBSITES OUTSIDE OF OUR WEBSITE.
USE OF YOUR PERSONAL INFORMATION
WE COLLECT AND USE YOUR PERSONAL INFORMATION TO OPERATE OUR WEBSITE(S) AND DELIVER THE SERVICES YOU HAVE REQUESTED.
WE MAY ALSO USE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO INFORM YOU OF OTHER PRODUCTS OR SERVICES AVAILABLE FROM SPYNOH CREATIVITY AND ITS AFFILIATES. WE MAY ALSO CONTACT YOU VIA SURVEYS TO CONDUCT RESEARCH ABOUT YOUR OPINION OF CURRENT SERVICES OR OF POTENTIAL NEW SERVICES THAT MAY BE OFFERED.
SPYNOH CREATIVITY DOES NOT SELL, RENT OR LEASE HIS CUSTOMER LISTS TO THIRD PARTIES.
WE MAY SHARE DATA WITH TRUSTED PARTNERS TO HELP PERFORM STATISTICAL ANALYSIS, SEND YOU EMAIL OR POSTAL MAIL, PROVIDE CUSTOMER SUPPORT, OR ARRANGE FOR DELIVERIES. ALL SUCH THIRD PARTIES ARE PROHIBITED FROM USING YOUR PERSONAL INFORMATION EXCEPT TO PROVIDE THESE SERVICES TO SPYNOH CREATIVITY, AND THEY ARE REQUIRED TO MAINTAIN THE CONFIDENTIALITY OF YOUR INFORMATION.
SPYNOH CREATIVITY MAY KEEP TRACK OF THE WEBSITES AND PAGES HIS USERS VISIT WITHIN THE AFOREMENTIONED WEB PROPERTIES, IN ORDER TO DETERMINE WHAT SERVICES ARE MOST POPULAR. THIS DATA IS USED TO DELIVER CUSTOMIZED CONTENT AND ADVERTISING TO CUSTOMERS WHOSE BEHAVIOR INDICATES THAT THEY ARE INTERESTED IN A PARTICULAR SUBJECT AREA.
SPYNOH CREATIVITY WILL DISCLOSE YOUR PERSONAL INFORMATION, WITHOUT NOTICE, ONLY IF REQUIRED TO DO SO BY LAW OR IN THE GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (A) CONFORM TO THE EDICTS OF THE LAW OR COMPLY WITH LEGAL PROCESS SERVED ON THE SITE; (B) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF SPYNOH CREATIVITY; AND, (C) ACT UNDER EXIGENT CIRCUMSTANCES TO PROTECT THE PERSONAL SAFETY OF USERS, OR THE PUBLIC.
SPYNOH CREATIVITY WEBSITES MAY USE "COOKIES" TO HELP YOU PERSONALIZE YOUR ONLINE EXPERIENCE. A COOKIE IS A TEXT FILE THAT IS PLACED ON YOUR HARD DISK BY A WEB PAGE SERVER. COOKIES CANNOT BE USED TO RUN PROGRAMS OR DELIVER VIRUSES TO YOUR COMPUTER. COOKIES ARE UNIQUELY ASSIGNED TO YOU, AND CAN ONLY BE READ BY A WEB SERVER IN THE DOMAIN THAT ISSUED THE COOKIE TO YOU.
ONE OF THE PRIMARY PURPOSES OF COOKIES IS TO PROVIDE A CONVENIENCE FEATURE TO SAVE YOU TIME. THE PURPOSE OF A COOKIE IS TO TELL THE WEB SERVER THAT YOU HAVE RETURNED TO A SPECIFIC PAGE. FOR EXAMPLE, IF YOU PERSONALIZE SPYNOH CREATIVITY PAGES, OR REGISTER WITH OUR SITES OR SERVICES, A COOKIE HELPS US TO RECALL YOUR SPECIFIC INFORMATION ON SUBSEQUENT VISITS. THIS SIMPLIFIES THE PROCESS OF RECORDING YOUR PERSONAL INFORMATION, SUCH AS BILLING ADDRESSES, SHIPPING ADDRESSES, AND SO ON. WHEN YOU RETURN TO THE SAME WEBSITE, THE INFORMATION YOU PREVIOUSLY PROVIDED CAN BE RETRIEVED, SO YOU CAN EASILY USE THE FEATURES THAT YOU CUSTOMIZED.
YOU HAVE THE ABILITY TO ACCEPT OR DECLINE COOKIES. MOST WEB BROWSERS AUTOMATICALLY ACCEPT COOKIES, BUT YOU CAN USUALLY MODIFY YOUR BROWSER SETTING TO DECLINE COOKIES IF YOU PREFER. IF YOU CHOOSE TO DECLINE COOKIES, YOU MAY NOT BE ABLE TO FULLY EXPERIENCE THE INTERACTIVE FEATURES OF OUR SERVICES OR WEBSITES YOU VISIT.
SECURITY OF YOUR PERSONAL INFORMATION
WE SECURE YOUR PERSONAL INFORMATION FROM UNAUTHORIZED ACCESS, USE OR DISCLOSURE. WHEN PERSONAL INFORMATION (SUCH AS A CREDIT CARD NUMBER) IS TRANSMITTED TO OTHER WEBSITES, IT IS PROTECTED THROUGH THE USE OF ENCRYPTION, SUCH AS THE SECURE SOCKETS LAYER (SSL) PROTOCOL.
CHILDREN UNDER THIRTEEN
SPYNOH CREATIVITY DOES NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN UNDER THE AGE OF THIRTEEN. IF YOU ARE UNDER THE AGE OF THIRTEEN, YOU MUST ASK YOUR PARENT OR GUARDIAN FOR PERMISSION TO USE THIS WEBSITE.
OPT-OUT & UNSUBSCRIBE
WE RESPECT YOUR PRIVACY AND GIVE YOU AN OPPORTUNITY TO OPT-OUT OF RECEIVING ANNOUNCEMENTS OF CERTAIN INFORMATION. USERS MAY OPT-OUT OF RECEIVING ANY OR ALL COMMUNICATIONS FROM SPYNOH CREATIVITY BY CONTACTING US AT 1-877-966-4886.
CHANGES TO THIS STATEMENT
SPYNOH CREATIVITY WILL OCCASIONALLY UPDATE THIS STATEMENT OF PRIVACY TO REFLECT COMPANY AND CUSTOMER FEEDBACK. WE ENCOURAGE YOU TO PERIODICALLY REVIEW THIS STATEMENT TO BE INFORMED OF HOW WE ARE PROTECTING YOUR INFORMATION.
WE WELCOME YOUR QUESTIONS OR COMMENTS REGARDING THIS STATEMENT OF PRIVACY. IF YOU BELIEVE THAT SPYNOH CREATIVITY HAS NOT ADHERED TO THIS STATEMENT, PLEASE CONTACT US AT 1-877-966-4886.
INFORMATION THAT WE COLLECT
The information we collect may include:
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
HOW WE USE YOUR INFORMATION
You information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, we may use the information and data described above to:
Create and administer your account; and
Deliver any products or services purchased by you to you; and
Correspond with you; and
Process payments or refunds; and
Contact you about new offerings that we think you will be interested in; and
Interact with you via social media; and
Send you a newsletter or other updates about our company or website; and
Deliver targeted advertising; and
Request feedback from you; and
Notify you of updates to our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and
Compile anonymous statistical data for our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on our website or mobile app; and
Analyze trends to improve our website and offerings.
Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.
We use website hosting servers/third party processors/subcontractors located in the United States and European Union has received an Adequacy Determination from the European Commission, meaning that appropriate safeguards are in place to protect data once it is transferred to that country.
We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at 1-877-966-4886.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at 1-877-966-4886.
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at 1-877-966-4886.
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.
CALIFORNIA PRIVACY RIGHTS
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
LAW AND JURISDICTION
AGREEMENT BETWEEN USER AND HTTPS://WWW.TUCKER.SH
WELCOME TO HTTPS://WWW.TUCKER.SH THIS WEBSITE (THE "SITE") IS COMPRISED OF VARIOUS WEB PAGES OPERATED BY SPYNOH CREATIVITY.
HTTPS://WWW.TUCKER.SH IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN (THE "TERMS"). YOUR USE OF HTTPS://WWW.TUCKER.SH CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS. PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE.
HTTPS://WWW.TUCKER.SH IS AN E-COMMERCE SITE — THIS WEBSITE IS ESTABLISHED AND MAINTAINED TO PROVIDE BOTH FREE AND PAID MUSIC AND VIDEO CONTENT AND MERCHANDISE RELATED TO SPYNOH CREATIVITY.
ELECTRONIC COMMUNICATIONS — VISITING HTTPS://WWW.TUCKER.SH OR SENDING EMAILS TO SPYNOH CREATIVITY 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 SPYNOH CREATIVITY IS NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR ACCOUNT. SPYNOH CREATIVITY AND OUR ASSOCIATES RESERVE THE RIGHT TO REFUSE OR CANCEL SERVICE, TERMINATE ACCOUNTS, OR REMOVE OR EDIT CONTENT IN OUR SOLE DISCRETION.
SPYNOH CREATIVITY 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 HTTPS://WWW.TUCKER.SH ONLY WITH PERMISSION OF A PARENT OR GUARDIAN.
CANCELLATION/REFUND POLICY — IF YOU RECEIVE YOUR PURCHASE AND IT IS DEFECTIVE OR OTHERWISE DAMAGED OR UNUSABLE, WE WILL REPLACE IT FOR THE PRICE OF SHIPPING.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES — HTTPS://WWW.TUCKER.SH MAY CONTAIN LINKS TO OTHER WEBSITES ("LINKED SITES"). THE LINKED SITES ARE NOT UNDER THE CONTROL OF SPYNOH CREATIVITY AND SPYNOH CREATIVITY 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. SPYNOH CREATIVITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SPYNOH CREATIVITY OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.
CERTAIN SERVICES MADE AVAILABLE VIA HTTPS://WWWW.TUCKER.SH ARE DELIVERED BY THIRD PARTY SITES AND ORGANIZATIONS. BY USING ANY PRODUCT, SERVICE OR FUNCTIONALITY ORIGINATING FROM THE HTTPS://WWW.TUCKER.SH DOMAIN, YOU HEREBY ACKNOWLEDGE AND CONSENT THAT SPYNOH CREATIVITY MAY SHARE SUCH INFORMATION AND DATA WITH ANY THIRD PARTY WITH WHOM SPYNOH CREATIVITY HAS A CONTRACTUAL RELATIONSHIP TO PROVIDE THE REQUESTED PRODUCT, SERVICE OR FUNCTIONALITY ON BEHALF OF HTTPS://WWW.TUCKER.SH USERS AND CUSTOMERS.
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 SPYNOH CREATIVITY 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. SPYNOH CREATIVITY 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 SPYNOH CREATIVITY 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 SPYNOH CREATIVITY 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.
SPYNOH CREATIVITY HAS NO OBLIGATION TO MONITOR THE COMMUNICATION SERVICES. HOWEVER, SPYNOH CREATIVITY RESERVES THE RIGHT TO REVIEW MATERIALS POSTED TO A COMMUNICATION SERVICE AND TO REMOVE ANY MATERIALS IN ITS SOLE DISCRETION. SPYNOH CREATIVITY RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO ANY OR ALL OF THE COMMUNICATION SERVICES AT ANY TIME WITHOUT NOTICE FOR ANY REASON WHATSOEVER.
SPYNOH CREATIVITY 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 SPYNOH CREATIVITY’S SOLE DISCRETION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN IN ANY COMMUNICATION SERVICE. SPYNOH CREATIVITY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, SPYNOH CREATIVITY 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 SPYNOH CREATIVITY SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF SPYNOH CREATIVITY.
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 HTTPS://WWW.TUCKER.SH OR POSTED ON ANY SPYNOH CREATIVITY WEB PAGE — SPYNOH CREATIVITY DOES NOT CLAIM OWNERSHIP OF THE MATERIALS YOU PROVIDE TO HTTPS://WWW.TUCKER.SH (INCLUDING FEEDBACK AND SUGGESTIONS) OR POST, UPLOAD, INPUT OR SUBMIT TO ANY SPYNOH CREATIVITY SITE OR OUR ASSOCIATED SERVICES (COLLECTIVELY "SUBMISSIONS").
HOWEVER, BY POSTING, UPLOADING, INPUTTING, PROVIDING OR SUBMITTING YOUR SUBMISSION YOU ARE GRANTING SPYNOH CREATIVITY, 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. SPYNOH CREATIVITY IS UNDER NO OBLIGATION TO POST OR USE ANY SUBMISSION YOU MAY PROVIDE AND MAY REMOVE ANY SUBMISSION AT ANY TIME IN SPYNOH CREATIVITY’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.
THIRD PARTY ACCOUNTS — YOU MAY BE ABLE TO CONNECT YOUR SPYNOH CREATIVITY ACCOUNT TO THIRD PARTY ACCOUNTS. BY CONNECTING YOUR SPYNOH CREATIVITY ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE.
INTERNATIONAL USERS — THE SERVICE IS CONTROLLED, OPERATED AND ADMINISTERED BY SPYNOH CREATIVITY 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 SPYNOH CREATIVITY CONTENT ACCESSED THROUGH HTTPS://WWW.TUCKER.SH IN ANY COUNTRY OR IN ANY MANNER PROHIBITED BY ANY APPLICABLE LAWS, RESTRICTIONS OR REGULATIONS.
INDEMNIFICATION — YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPYNOH CREATIVITY, ITS 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. SPYNOH CREATIVITY 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 SPYNOH CREATIVITY 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. SPYNOH CREATIVITY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. SPYNOH CREATIVITY 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. SPYNOH CREATIVITY 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 NON-INFRINGEMENT.
SPYNOH CREATIVITY 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 MAINE AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN MAINE 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. YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND SPYNOH CREATIVITY AS A RESULT OF THIS AGREEMENT OR USE OF THE SITE. SPYNOH CREATIVITY’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF SPYNOH CREATIVITY’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 SPYNOH CREATIVITY 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.
UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND SPYNOH CREATIVITY WITH RESPECT TO THE SITE AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND SPYNOH CREATIVITY 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 — SPYNOH CREATIVITY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THE TERMS UNDER WHICH HTTPS://WWW.TUCKER.SH IS OFFERED. THE MOST CURRENT VERSION OF THE TERMS WILL SUPERSEDE ALL PREVIOUS VERSIONS. SPYNOH CREATIVITY ENCOURAGES YOU TO PERIODICALLY REVIEW THE TERMS TO STAY INFORMED OF OUR UPDATES.
CONTACT US — Spynoh Creativity WELCOMES YOUR QUESTIONS OR COMMENTS REGARDING THE TERMS: 1-877-966-4886
EFFECTIVE AS OF MAY 1, 2019