Terms of Use

Terms of Use

Mollie Kellogg Creative (MKC) has created and maintains www.molliekellogg.com, www.creativespiritworks, and www.incognitowitch.com in order to provide information about MKC, including exhibition, collection, and event information. By accessing and using this website, you acknowledge and accept the following terms and conditions. MKC may revise these terms and conditions at any time, and therefore, it is your responsibility to be in compliance with our current terms and conditions. If you do not agree to these terms of use, please do not use the website.

Copyright

The contents of this website, including all images, text, video and audio (hereafter referred to as "materials") are owned by Mollie Kellogg or used by MKC in accordance with copyright laws and with the appropriate third party's permission.

Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, forward and download documents, audio and video found on our website for personal, noncommercial or educational purposes only. Images can be posted in online forums, non-commercial blogs, or other social media venues ONLY WHEN ACCOMPANIED BY THE FOLLOWING CREDIT LINE: "(Painting Title) by Mollie Kellogg, molliekellogg.com". This credit should appear as a caption below the image or on the page the image appears, in a small font.

Any commercial form of reproduction, transmission, performance, display, creation of derivative works, publication, sale, rental, lending or storage in any retrieval system of the materials is prohibited without the consent of Mollie Kellogg Creative. Removal of any digital watermark, proprietary notices or accompanying text that may be included on or with the image is prohibited. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and materials.

Copyright, certain moral rights and other proprietary rights in certain works of art, as well as photographs of these works of art, and images of people or places, displayed on this website, may be held by individuals and/or entities other than MKC. This includes reproductions of works of art licensed to MKC by third parties holding rights to these works.

You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or materials contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website.

Image Rights & Reproductions

All requests for images MUST be made in writing. Permission for such use is granted at the sole discretion of the MKC. Please contact us for information concerning permissions, or to request digital photography of works in the MKC collection. All published image(s) must be identified by credit line naming the Title and Artist.

Rights and Reproductions

Please review the Rights and Reproductions section of our website to get detailed information and instructions on how to request permission for use of images from the MKC collection.

Trademark

You shall not use Mollie Kellogg Creative's name or any language, pictures or symbols which could, in Mollie Kellogg Creative's judgment, imply Mollie Kellogg Creative's endorsement.

Inappropriate Material

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the website or the website or through Voice computer systems is expressly prohibited by these terms of use. Any such unauthorized use of our computer systems is a violation of these terms of use and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Fees

For all charges for any products sold via the website, we will bill via credit card or check through PayPal. In the event legal action is necessary to collect on balances due, you agree to reimburse Mollie Kellogg Creative for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the website 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 website; or (iii) bypass any measures we may use to prevent or restrict access to the website.

Force Majeure

Neither Mollie Kellogg Creative nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy

Your use of our website and Materials is subject to our privacy policy.

Disclaimer

Your use of and browsing of this website are at your own risk. EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MOLLIE KELLOGG CREATIVE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. MOLLIE KELLOGG CREATIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOLLIE KELLOGG CREATIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT MOLLIE KELLOGG CREATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Indemnification

You agree to defend, indemnify and hold Mollie Kellogg Creative and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorized users.

Limitation of Liability

MOLLIE KELLOGG CREATIVE DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT SHALL MOLLIE KELLOGG CREATIVE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF MOLLIE KELLOGG CREATIVE OR A MOLLIE KELLOGG CREATIVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOLLIE KELLOGG CREATIVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR FOR THE PURCHASE OF YOUR ITEM(S).

Links

Mollie Kellogg Creative's website may contain links to websites operated by parties other than Mollie Kellogg Creative. Such links are provided for your reference only. Mollie Kellogg Creative does not control such websites and is not responsible for their contents. Mollie Kellogg Creative's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Termination

You or we may suspend your use of this website at any time, for any reason or for no reason. We may also block your access to our website in the event that (a) you breach these terms of use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Suggestions

All suggestions received through our website become the sole property of Mollie Kellogg Creative. Should a suggestion be implemented, Mollie Kellogg Creative is under no obligation to provide compensation.

This website is created and controlled by Mollie Kellogg Creative in the State of California. These disclaimers, terms and conditions of use are governed by the laws of the State of California. By using this website, you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California in all disputes arising out of or relating to the use of this website. These terms and conditions are the entire agreement between the user and Mollie Kellogg Creative and supersedes any prior understandings or agreements (written or oral). If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Mollie Kellogg Creative's failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the website. If you believe any material available via the website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.