WEBSITE TERMS OF USE & CUSTOMER TERMS

Effective Date: 8/12/2026

Welcome to Kaleidoscope Penguin Collective. We are a creative community where people come together to learn things, make things, play things, discuss things, occasionally spill things, and hopefully leave knowing a few more humans than when they arrived.

These Website Terms of Use & Customer Terms ("Terms") apply to the websites, online services, registrations, memberships, purchases, gift cards, and other customer-facing services offered by My Creative Vitality LLC dba Kaleidoscope Penguin Collective ("KPC," "we," "us," or "our").

By using our website, purchasing something from us, creating an account, registering for an event, or otherwise using our online services, you agree to these Terms and any additional terms expressly incorporated into your transaction.

1. LEARN. PLAY. CREATE. BELONG.

KPC is built around four values:

Learn. Stay curious.

Play. Make room for joy.

Create. Make something that did not exist before.

Belong. Help create a community where people can participate as themselves.

These values also inform how we expect people to interact with KPC and one another.

2. OUR WEBSITE

We try to keep our website accurate. We are also penguins. I mean, humans.

Events change. Instructors get sick. Supplies disappear. Technology occasionally decides it has other plans.

We may correct errors, update information, modify programming, change availability, or remove content.

If an error materially affects something you already purchased, we will address it reasonably and consistent with applicable law.

3. EVENT REGISTRATION

KPC may offer classes, workshops, lectures, tastings, games, karaoke, performances, community conversations, maker activities, wellness programming, private events, and other experiences.

An individual event listing may establish:

  • date and time;

  • price;

  • capacity;

  • age restrictions;

  • materials;

  • prerequisites;

  • cancellation terms;

  • accessibility information;

  • safety requirements;

  • food or beverage information; and

  • other event-specific terms.

Those specifically stated event terms are incorporated into your registration.

Registration is complete when required payment has been successfully processed and registration is confirmed.

Walk-ins may be permitted when space and the nature of the program allow.

4. AGE REQUIREMENTS

Many KPC programs are open to all ages. Others may be restricted to particular age groups.

The applicable event listing controls.

A person registering a minor represents that they are the minor's parent or legal guardian or otherwise have lawful authority to register the minor.

KPC may require separate parent or guardian consent for particular activities.

Alcohol-related activities are subject to applicable age restrictions.

5. PRICES AND PAYMENT

Prices will be displayed at purchase or registration.

KPC may use third-party registration and payment platforms, including Humanitix and Stripe.

Depending on the transaction and platform, payment options may include major credit or debit cards, Apple Pay, Google Pay, PayPal, or other supported methods.

Additional terms imposed by a payment or ticketing provider may apply to use of that provider's service.

6. CANCELLATIONS, TRANSFERS, AND REFUNDS

Event-specific cancellation and refund terms control when displayed at registration.

If no special policy is stated, the default KPC cancellation policy is:

Participant cancellation: _______________________________________

Transfer to another participant: _________________________________

KPC cancellation: If KPC cancels an event, registered participants will generally receive a refund, credit, transfer, or other remedy communicated by KPC.

KPC may cancel, postpone, relocate, or reschedule an event because of instructor availability, insufficient enrollment, weather, safety, facility problems, emergencies, circumstances outside our reasonable control, or because sometimes the universe has opinions about scheduling.

Third-party processing fees may be subject to the processor's own refund rules.

7. MEMBERSHIPS

KPC may offer memberships.

Membership benefits may include discounts, early registration, member programming, special offers, or other benefits identified when the membership is offered.

Unless expressly promised for a stated membership term, particular benefits, events, instructors, operating hours, or discounts are not guaranteed forever.

KPC may reasonably modify future membership offerings and benefits.

Any automatic renewal will be disclosed and administered as required by applicable law.

Membership does not guarantee admission to a sold-out event.

Membership may be suspended or terminated for fraud, misuse, material violation of KPC Community Standards, or other material breach of applicable membership terms.

8. GIFT CARDS

KPC may sell gift cards.

Gift cards are subject to Oregon law and any lawful terms disclosed at purchase.

KPC gift cards sold for full value will not expire, decline in value because of nonuse, or carry inactivity or maintenance fees except as otherwise permitted by applicable law.

Where Oregon law requires cash redemption of a remaining balance, KPC will comply.

Please protect your gift card.

It is substantially less delightful when lost.

9. SHOP AND MERCHANDISE

KPC may sell merchandise, artwork, handmade goods, supplies, gift items, or products created by KPC or independent artists and makers.

Handmade and artistic products may vary slightly from photographs or samples.

Applicable pickup, shipping, return, exchange, and artist-specific terms may be displayed at purchase.

10. THIRD-PARTY EVENTS

Some events held at KPC are organized by independent instructors, contractors, renters, artists, businesses, nonprofits, or community organizations.

Unless expressly stated otherwise, allowing an event to occur at KPC does not mean KPC sponsors or endorses every statement, viewpoint, service, product, or spectacularly niche PowerPoint presentation offered by the organizer.

11. EDUCATIONAL INFORMATION

Unless expressly stated otherwise, KPC programs are educational, recreational, creative, cultural, entertainment, or community programming.

General information presented at an event is not individualized legal, medical, financial, tax, mental-health, therapeutic, or other professional advice.

A professional speaking or teaching at KPC does not automatically create a professional-client relationship between that person, KPC, and a participant.

12. COMMUNITY CONDUCT

Users and participants may not use KPC's services to:

  • harass or threaten others;

  • engage in unlawful discrimination;

  • commit fraud;

  • impersonate another person;

  • violate intellectual property rights;

  • interfere with our systems;

  • distribute malicious software;

  • unlawfully collect information about others;

  • engage in unlawful activity; or

  • materially interfere with another person's ability to participate in the KPC community.

In shorter terms: don't make us write a new rule because of you.

13. INTELLECTUAL PROPERTY

Unless otherwise indicated, KPC's original branding, website content, written materials, graphics, photographs, program materials, and other original content are owned by or licensed to My Creative Vitality LLC.

You may use publicly available website content for ordinary personal and informational purposes.

You may not commercially reproduce, sell, falsely claim ownership of, or exploit protected KPC content without authorization.

Independent artists, instructors, and creators retain rights in their respective work except as otherwise agreed.

14. THIRD-PARTY TECHNOLOGY

KPC currently uses or may use services including:

  • Squarespace;

  • Humanitix;

  • Stripe;

  • Google Workspace;

  • Mailchimp;

  • Facebook;

  • Instagram;

  • LinkedIn;

  • Apple Pay;

  • Google Pay;

  • PayPal; and

  • other operational providers.

Third-party providers operate under their own terms and privacy practices.

KPC may add or replace providers without amending these Terms merely to update a vendor list.

15. ACCESSIBILITY

KPC is committed to creating a welcoming and accessible community.

If you have an accessibility question or accommodation request, contact us. We will work with you regarding reasonable accommodations consistent with applicable law and the nature of the program or service.

16. DISCLAIMERS

To the extent permitted by law, online services are provided on an "as available" basis.

KPC does not guarantee uninterrupted or error-free access to its website or third-party systems.

Nothing in these Terms waives rights that cannot lawfully be waived.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by law, KPC will not be liable for indirect, incidental, special, punitive, or consequential damages arising solely from use of or inability to use KPC's website or online services.

This provision does not limit liability that cannot lawfully be limited.

18. CHANGES

KPC may update these Terms.

The current version will be posted with an updated effective date.

A material change will not retroactively rewrite a completed transaction where applicable law or the parties' agreement prevents it.

19. OREGON LAW

These Terms are governed by Oregon law, without regard to conflict-of-law rules, except where applicable law requires otherwise.

20. CONTACT

Kaleidoscope Penguin Collective
My Creative Vitality LLC
5338 SE Foster Road
Portland, Oregon 97206
503.383.1863
info@kaleidoscopepenguin.com