TERMS OF USE

WEBSITE - TERMS OF USE
The use of this website is provided subject to the following terms and conditions. Please read the Terms of Use carefully.

GENERAL
In visiting SPSCOLLECTIVE.com (the Site) you are agreeing to be legally bound by the following terms, which shall take effect immediately on your first use of the site. If you do not agree with the rules contained in this Agreement, please do not use the Service. SPSCOLLECTIVE LLC (herinafter referred to as "SPSCOLLECTIVE" or "SPSCOLLECTIVE^®") reserves the right to modify this Agreement from time to time and such modification shall be effective upon posting online. Please review this Agreement regularly to ensure you are updated as to any changes. To continue to use SPSCOLLECTIVE.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

USE OF THE SITE
• You must be 13 years and older to use this site.
• All material on the site is the property of SPSCOLLECTIVE^®, unless otherwise stated. The content is protected by United States and international copyright and trademark laws.
• Unless content carries the “share” icon you may not copy, reproduce, download, post, make available to the public, or otherwise use SPSCOLLECTIVE.com content in any way except for your own personal, non-commercial use.
• You also agree, on entering this Site, not to adapt, alter or create a derivative work from the site content except for your own personal, non-commercial use. You agree to use SPSCOLLECTIVE.com only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of SPSCOLLECTIVE.com. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within SPSCOLLECTIVE.com.
• We reserve the right to refuse service to anyone for any reason at any time.
• SPSCOLLECTIVE^® is not responsible for typographical and/or photographical errors.
• If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SPSCOLLECTIVE.com user; to create or submit unwanted email ("Spam") to any other SPSCOLLECTIVE.com users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
• Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or attempt to decompile or reverse engineer any software contained on the Site or remove any copyright or other proprietary notations from the materials or transfer the materials to another person or "mirror" the materials on any other server; or (iii) bypass any measures we may use to prevent or restrict access to the Site; with the intention of artificially inflating or altering the 'SPSCOLLECTIVE.com count', blog count, comments, or any other SPSCOLLECTIVE.com service, including by way of creating separate user accounts for the purpose of artificially altering SPSCOLLECTIVE’s services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of SPSCOLLECTIVE’s services; to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; attempt to impersonate another user or person; sell or otherwise transfer your user profile.
• We also reserve the right to turn over to law enforcement officials all Messages and Contributions, emails, or other postings by you that are in violation of these Terms of Use or applicable law. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Website in violation of the law.

THIRD PARTYThe Site contains links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by SPSCOLLECTIVE^® of any third party resources or content. Links do not imply that SPSCOLLECTIVE^® sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. SPSCOLLECTIVE^® reserves the right, in its sole discretion, to terminate links with any third parties or other websites that it deems inappropriate or inconsistent with our website. SPSCOLLECTIVE^® make no representations about the content, functionality or practices of such third party sites and resources, and disclaim any and all warranties, express or implied, with respect thereto. In the course of serving advertisements to this site, our third-party advertiser(s) may place or recognize a unique cookie on your browser.

DISCLAIMERS AND LIMITATION OF LIABILITY
The content of SPSCOLLECTIVE.com, including the information, names, images, pictures, videos, sounds, logos and icons regarding or relating to SPSCOLLECTIVE.com, its products and services (or to third party products and services), is provided "AS IS" and "AS AVAILABLE" without warranties of any kind either express or implied, to the fullest extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Also, SPSCOLLECTIVE^® may make changes or improvements to the SPSCOLLECTIVE^® Site at any time. SPSCOLLECTIVE^®DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL SPSCOLLECTIVE^®BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF SPSCOLLECTIVE^®HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPSCOLLECTIVE^®MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE SPSCOLLECTIVE^® SITE. YOU (AND NOT SPSCOLLECTIVE^®) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

WEBSITE DESIGN
SPSCOLLECTIVE^®
Contact Webmaster

PRIVACY NOTICE
SPSCOLLECTIVE^® respects your privacy, protects your personal data and does not share information with third parties. The information that SPSCOLLECTIVE^® retains depends on your relationship with SPSCOLLECTIVE^® and the services that you use.

HOW YOUR INFORMATION IS USED
SPSCOLLECTIVE^® collects user information to administer, support, improve and obtain feedback on our services and to detect and prevent faults or breaches of our network security, the law and our contractual terms.

MARKETING
SPSCOLLECTIVE^® may contact you from time to time with marketing communications. You have a right to ask us not to contact you for marketing purposes and may cancel marketing communications by responding with ‘No Marketing’ in the subject line or by changing your preferences in the Manage Account section of the Site.

PERSONAL INFORMATION
SPSCOLLECTIVE^® gathers information from our direct contact with you, including this website, and from third parties such as your employer and commercially available databases. If you are a registered user of our services, SPSCOLLECTIVE^® may access specific information about your use of the site, including your contact details, registration details, support details and certain relevant details of you interests and preferences. Information may also be obtained on you as a result of authentication or identity checks, including as required by anti money laundering laws. If you are a registered user of our services Art + Commerce also gathers information about your use of our services, such as generic types of data accessed, times and volume of use of the services and traffic data. Traffic data includes logs, details of networks, data and systems accessed, details of the sender and recipients of messages sent using our services, times and location of log on or access, duration of sessions, click-stream and similar usage or system data.Traffic data may sometimes be traceable to individuals as well as to companies. SPSCOLLECTIVE^® may store your information on its databases for reference.

ONLINE STORE POLICY
• All sales are final, please review all terms and conditions and read the frequently asked questions section on the Site prior making your purchase.
• We reserve the right to change, replace or discontinue any Product for sale in the Site’s shop, including changing product prices and specifications and terms of sale.
• You are responsible for providing an accurate address to which your purchased Product will be shipped.
• We collect NYC sales tax on all domestic purchases including sales tax on the cost of shipping.
• Without exception we only accept payment by PayPal.
• By placing an order through our site, you warrant that, (i) you are legally capably of entering into binding contracts; and (ii) you are at least 18 years old; and (iii) you are not purchasing the Product for, or on behalf of, anyone under the age of 18 years old.
• If you order Products from our site for delivery outside the US, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Should a package be refused it will not be returned to the USA and the total invoiced amount will still be charged to you the customer. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
• Upon delivery of your items, please check your package before signing the delivery receipt. If damage has been found, please inform the carrier and remark on the delivery paperwork. SPSCOLLECTIVE^® will not accept any damage claims that have not been noted upon delivery. Next, you must contact SPSCOLLECTIVE^® within 24 hours via email to Shop to report any damaged items. Please take a digital photograph of the damage and send it with your email, as that will help us to understand the damage when we contact you. We will respond within three days to handle your claim. At our sole discretion we may either replace the damaged product or issue a refund.
• All shipping is through FedEx

IMAGE LICENSING - TERMS AND CONDITIONS
Submission of images for examination or use is conditioned upon the Recipient agreeing to all the terms contained herein.

TERMS RELATIVE TO SUBMISSION
• Images or video (hereinafter referred to as “image(s)”) may not be used in any way, including layouts, sketches, reproduction, xerography or scanning until submission of and payment of an invoice indicating Recipient's right to do same, or indicating the purchase of the image(s) outright, which shall be only on the terms of use hereinafter specified. Projection of any transparency is not permitted. You may not ARCHIVE, REPUBLISH or TRANSMIT images on any DATABASE without SPSCOLLECTIVE‘s prior written consent.

TERMS AS TO USE
• Unless otherwise specifically stated, images remain the property of SPSCOLLECTIVE LLC (hereinafter referred to as “SPSCOLLECTIVE^®”) and the copyright holder. SPSCOLLECTIVE^® represents that it has the right to grant the license on behalf of the copyright holder. Upon submission of and payment of an invoice to SPSCOLLECTIVE^® a license is only granted to use the images for the use specified on the invoice and for no other purpose, unless such images are purchased outright. Recipient does not acquire any right, title or interest in or to any image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the particular image(s), plate(s) or digital files made there from other than as specified herein. The image(s) shall be faithfully reproduced, and, unless SPSCOLLECTIVE^® gives its express written consent in advance, shall not be cropped, colorized, solarized, overlaid with text, or otherwise altered in any way (except as to overall size). Full credit and copyright information must remain with the image.
• If Recipient desires to re-use an image or extend previous usage, then Recipient must request and pay for additional rights prior to publication. You agree not to make, authorize or permit any use of an image or its derivative (use of an image as a source to create another image) except as authorized by the invoice. In the event you use an image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publication using, or the size of the reproduction, SPSCOLLECTIVE^® agrees to forego its right to sue for copyright infringement and breach of contract if you pay, as liquidated damages, a sum equal to ten (10) times the normal price we would have charged for such use, within 10 (ten) days of us billing such fee. This is not a penalty but an agreed fair use charge. If you fail to make such payment in ten (10) days, we shall have the right to sue for copyright infringement and breach of contract plus attorney’s fees and associated costs.
• No model releases or other releases exist on any images unless SPSCOLLECTIVE^® specifies the existence of such release in writing. Recipient shall indemnify SPSCOLLECTIVE^® against all claims arising out of the use of any images where the existence of such release has not been specified in writing by SPSCOLLECTIVE^®. In any event, the limit of liability of SPSCOLLECTIVE^® shall be the sum paid to it per the invoice for the use of the particular image involved. User will hold SPSCOLLECTIVE^® harmless from all claims for the use of the images, including defamatory use. SPSCOLLECTIVE^® gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any image, and the client must satisfy himself that all necessary rights, consents or permissions as may be required for reproduction are secured.
• Digital files are provided “as is”. SPSCOLLECTIVE^® makes no representation or warranty, either express or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, non infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. You may have additional rights under some state laws.
• This agreement is not assignable or transferable on the part of the Recipient.
• This contract contains all the terms of the agreement between SPSCOLLECTIVE^® and Recipient concerning delivery and review of images, and no terms and conditions may be added or deleted unless made in writing and signed by both SPSCOLLECTIVE^® and Recipient. These terms and the terms of any subsequent invoice supersede any and all terms of the Client’s purchase order. Any subsequent invoice SPSCOLLECTIVE^® may issue may contain additional terms relating to the rights granted and the type of use allowed. No rights are granted until payment is made to SPSCOLLECTIVE^® even though Recipient has received an invoice.
• Payment herein is to be net thirty (30) days. A service charge of two (2%) percent per month on any unpaid balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made to SPSCOLLECTIVE^® within ten (10) days after receipt of invoice. Recipient shall provide SPSCOLLECTIVE^® with three (3) free copies of such publication immediately upon printing.
• Rights are being reserved to Recipient when an invoice is created. If Recipient cancels an order within ten days after the invoice is issued, SPSCOLLECTIVE^® will refund 50% of the agreed fee. After ten days no refund shall be made and Recipient is responsible for full payment of the invoice.
• Images used editorially should bear a credit line in the form "Stephanie Pfriender Stylander/SPSCOLLECTIVE^®". SPSCOLLECTIVE^® reserves the right to charge a treble fee for use without a credit. Recipient must register copyright in their name to afford protection to the image. Such copyright shall be immediately reassigned upon request, without charge.
• All rights not specifically granted herein to Recipient are reserved for SPSCOLLECTIVE‘s use and disposition without any limitations whatsoever.
• Recipient agrees that the above terms are made pursuant to Article 2 of the UNIFORM COMMERCIAL CODE and agrees to be bound by same. Objection to any terms must be made in writing within ten (10) days.

LIMITATION OF LIABILITY
• Under no circumstances will SPSCOLLECTIVE^® or the copyright owner of the image be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of the Images. In any event, the limit of liability of the copyright owner of the image and SPSCOLLECTIVE^® shall be the fee paid for the artwork to SPSCOLLECTIVE^®.
• You agree to indemnify and hold SPSCOLLECTIVE^®, its officers, director, employees, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of any image or any breach of this agreement.

DISPUTES OR CLAIMS ARISING OUT OF SUBMISSION AND/OR USE
• Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York, New York, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York. If you are an agent for, or an employee of, a non-U.S. Company but operate in a place of business in the United States or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.
• If Recipient of this contract is an agent for, or an employee of, a non-US company but operates in a place of business in the United States or its territories, said Recipient expressly agrees that any disputes regarding this contract shall be adjudicated within the United States in the manner described here.
• Copyright claims shall be brought in the Federal court having jurisdiction.

If SPSCOLLECTIVE^® is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by Recipient or user herein.

COPYRIGHT AND TRADEMARK NOTICE
All photographs appearing on the SPSCOLLECTIVE^® web site are copyrighted and protected under United States and international copyright laws. The photographs may not be reproduced in any form, stored, or manipulated without prior written permission from SPSCOLLECTIVE LLC and the copyright owner.