Terms of Service & Privacy Policy

Terms of Service

CreativeGremlins.com’s Mission is to create a thriving, productive environment that encourages an atmosphere of community, respect, collaboration, and growth for graphic artists of all backgrounds.

As a member/user of CreativeGremlins.com, it is your responsibility to know, and adhere to the Terms of Service. CreativeGremlins.com reserves the right to change, alter or modify the Terms of Service as needed. All postings, past and present are subject to the most current terms of service.

Member/User Conduct:
Members and users are expected to conduct themselves in a manner that is constructive and respectful of others at all times. Additionally, we hope that each member/user will work to facilitate a culture of collaboration and positive reinforcement, so we can all share our passion for art while developing our personal ambitions, and friendships.

Members/Users will not use this community for:

Any practices that affect the normal operations of the community (Admins will take whatever steps are necessary to restore service).

Transmitting any libelous, defamatory, or any other material that could give rise to any civil or criminal liability under the law.
Personal attacks. This includes but is not limited to, destructive, abusive, defamatory communications in any form, and retaliatory attacks from personal attacks. If you need assistance, please communicate with someone from our CreativeGremlins.com Team.
Destructive commentary/communications made with the intent to disrupt or attack (Trolling). This applies to any communications within this community, whether in the forums, art galleries, graffiti wall, chat, blogs, sitemail or article opinions.
Advertising or linking to any publications and/or web sites that are sexually explicit , and/or pornographic in nature.
Site Areas (Galleries, Forums, Homepages, Blogs, Avatars, etc):

No character attacks, which could be interpreted as defamation of character, slander, and libelous.
Commercial posts/images may only be uploaded by Active CreativeGremlins.com Vendors to the Forum/Gallery
Thumbnails for all areas of the site follow the same policies as full sized images.
A signed model release with Photo-ID is required for all photograph images. CreativeGremlins.com frequently requires proof be faxed or emailed into our office.
If you have a problem with any post or image, please contact the Team for assistance. Any post, image or writings can be removed at the discretion of staff if it is deemed unsuitable. Conversely there may be some images which, whilst in apparent violation of the rules, will be permitted to stay in the interests of free speech and religious tolerance. In such cases the artist may be asked to furnish reasons why the image should be permitted to stay and the decision of the CreativeGremlins.com staff will be final.

Violations:
Members that violate the rules above will be notified by a member of the CreativeGremlins.com team. Warnings will be noted in the member’s record. Continual violation of the rules will result in a temporary ban. Habitual rule violations can result in a permanent ban.

Conduct – Zero Tolerance ;

CreativeGremlins.com maintains a Zero Tolerance on certain behaviors within the community. These include, but are not limited to the following.

Any threats of physical harm, property damage or acts of violence toward another individual, or group of individuals.
Fraudulent use of credit cards for items received from the marketplace.
Soliciting or Trading of any products illegally. This includes, but is not limited to, requests and/or distribution of computer software, software security overrides, serial numbers and/or admission of use or possession (warez).
Intentional practices that affect the normal operations of the community (Admins will take whatever steps are necessary to restore service).
Any member found to be impersonating a moderator or Admin of CreativeGremlins.com will have his/her membership revoked
Members/Users found practicing these behaviors will immediately have their membership revoked, and access to the community permanently blocked from the community including any duplicate accounts for the same person. CreativeGremlins.com considers this information private and confidential. However, there may be certain situations that necessitate otherwise. The appropriate legal authorities will be contacted, and if appropriate charges may be filed.

Intellectual Property:
CreativeGremlins.com members remain the original copyright holder in all materials (software and content) provided on the community. Do not use any CreativeGremlins.com posts, images or writings without expressed, written consent by the copyright holder. Use of the material inconsistent with these terms and conditions is prohibited and considered an infringement of the copyrights of the respective holders.

Communications:
CreativeGremlins.com provides a variety of communication tools to members. These include: forums, galleries, chat rooms, and site mail. Members using CreativeGremlins.com to send spam, or unsolicited advertising information, etc will be subject to disciplinary action . Any information provided by members using these services is considered public information and is logged. CreativeGremlins.com has access to these communications and will review them if needed. CreativeGremlins.com will not be held responsible and/or liable for information that members choose to share via these tools. We strongly recommend that members exercise forethought and caution prior to disclosing any personal information while using these tools.

Posting private email or sitemail communications without the written consent of both parties is not allowed.

Privacy Statement :
CreativeGremlins.com maintains a database of member/user information to facilitate the community’s operations for members, users and administrators. The following discloses our information collection, use and dissemination practices.

E-mail Addresses: Member e-mail addresses are stored in a database for use in distributing member selected newsletters. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Zero Tolerance Conduct.
IP addresses: Member/User IP addresses are collected, and stored in a database to help diagnose, track, and manage issues within the community. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Zero Tolerance Conduct.
Purchasing Data: CreativeGremlins.com maintains a database of merchandise purchases. Purchasing Data consists of information collected during the checkout process, with the exception of credit card numbers. This information is not shared except in cooperation with appropriate authorities in the case of violations of our Zero Tolerance Conduct.
Cookies: CreativeGremlins.com Servers are programmed to read, and write member/user specific cookie files. The use of these files is limited to page views and stored information provided by the member. This includes member passwords, purchasing data, and aggregate data.
Aggregate Data: CreativeGremlins.com collects, and uses aggregate data for the purpose of soliciting advertisers. This data includes page views, ad impressions, click throughs, total membership and total number of subscribers. No personal information is shared with this statistical data.
Off-Site Links: The CreativeGremlins.com community contains links to a variety of other web sites. These are usually in the form of member/user provided links. CreativeGremlins.com cannot, and will not be held responsible for the privacy practices, or content of any web site other than our own.

INDEMNITY:

YOU AGREE THAT THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS, WILL GOVERN THE TERMS OF SERVICE AND A DISPUTE OF ANY TYPE THAT MAY ARISE BETWEEN YOU AND CREATIVEGREMLINS.COM IN CONNECTION WITH YOUR USE OF THE WEBSITE SHALL BE BROUGHT EXCLUSIVELY IN THE COURT FOR BULLOCH COUNTY, GEORGIA OR THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, TO WHICH YOU SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE THEREOF. YOU FURTHER AGREE THAT IN THE EVENT LITIGATION ENSUES OVER THE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE, THE PREVAILING PARTY IN ANY SUCH LITIGATION SHALL BE ENTITLED TO RECOVER ALL COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES, COURT COSTS AND ATTENDANT EXPENSES, FROM THE NON-PREVAILING PARTY.

DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATIVEGREMLINS.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CREATIVEGREMLINS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATIVEGREMLINS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVEGREMLINS.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATIVEGREMLINS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

NO SPAM; DAMAGES:
CreativeGremlins.com may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any ‘spam’ or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay CreativeGremlins.com liquidated damages of five dollars (US $5.00) for each time a spam incident is traced to your CreativeGremlins.com account. Otherwise you agree to pay CreativeGremlins.com’s actual damages, to the extent such actual damages can be reasonably calculated.