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Terms And Conditions Of Use



Definition Meanings for this Agreement:

  • "Jill Gubin Illustration, L.L.C." is a company registered and operating in Arizona.
  • "Member" anyone who has purchased a Membership called (Maggie & Sam's Adventures) which is a limited license, to create, send or download electronic greeting cards.
  • "Non-Members" anyone who is just accessing, browsing, visiting or blogging on the Website.
  • "You" or "Your" the user, any person accessing, browsing, or just visiting the Website including both Members and Non-Members.
  • "Website" is the Website www.maggieandsam.com owned and operated by Jill Gubin Illustration, L.L.C.
  • "E-Cards" are the electronic greeting cards accessed on the Website and their downloadable versions.
  • "Content" are materials, all illustrations, artwork, photographs, graphics, images, E-Cards, information, including all text on the Website.
Use of the Site:

The following is an agreement between You and Jill Gubin Illustration, L.L.C. By accessing or just visiting this Website. You acknowledge that You have read, understand, and agree to be held accountable to the terms of service set forth in this agreement. However if You do not agree to these terms please do not use this Website. Jill Gubin Illustration, L.L.C. may update the Terms and Conditions Of Use and Content, and any Content on the Website on occasion without notice to You. By using this Website You agree to the revisions and Content. You should from time to time visit the Website to review any changes and the agreement to which You are committed to.


Copyright Protection:

All Content, on this Website is the exclusive right of Jill Gubin Illustration, L.L.C. and therefore protected by The United States and International copyright laws.  You may not modify, publish, incorporate into another Website, transmit, participate, exploit, sale, reproduce, the Content on this Website.  You agree that all information, ideas for the Pet Of The Week, all Content on the Website You have in Your possession will remain unaltered and shall retain all copyright and proprietary notices set forth in this agreement. All information provided through this Website is and will remain the sole and exclusive property of Jill Gubin Illustration, L.L.C. or the parties credited in the copyright notices within the Content.

Non- Members and Members Rights/Conduct:

You agree that all information You provide to Jill Gubin Illustration, L.L.C. is valid and accurate. You agree that You will not use this Website to upload, post, blog, email send by e-card any Content that infringes upon the right's of a third party, including copyright, other personal or proprietary rights, trademarks, trade secrets, patents or use of any Content or language which is harmful, unlawful, abusive, obscene, vulgar, intrusive of another's individual privacy, or racially objectionable.  You agree that You are accountable, control the rights to all Content, material, language You submit or post on the Website, that all information You supply is valid, does not violate these Terms And Conditions Of use, will not cause injury to any person or entity and that You indemnify, and hold harmless Jill Gubin Illustration, L.L.C. and all officers, agents, material providers, licensors and licenses from all liability and any costs, without limitation, including reasonable attorneys fees incurred by any claim caused by You breeching this agreement.

When You submit ideas, and Content, for the Pet Of The Week or in regular transmission, by blogging, email etc. on the Website You automatically are stating that You or the owner of the Content, and ideas have specifically granted royalty-free, irrevocable, Non-exclusive rights, a license to use, create derivative works from, make copies of, change, publish or display the Content and ideas on the Website.

Jill Gubin Illustration, L.L.C. is not obligated to pre-screen Content submitted from Members or Non-Members and does not endorse the accuracy of any opinion, statement, or information submitted or posted to the Website by any person or entity. You agree that any reliance upon any opinion, statement or information will be at Your own risk. Jill Gubin Illustration, L.L.C. has the right to remove or refuse any Content on the Website submitted from a Member or Non-Member that violates these terms of service or is objectionable.

As a Member Jill Gubin Illustration, L.L.C. grants You a limited license which allows You to participate in the Pet Of The Week, send unlimited E-Cards and access free downloads of E-Cards for personal use only.  As a Member You agree not to sell the E-Cards, www.maggieandsam.com or the services it provides for any commercial use, which includes but is not limited to sending E-Cards to mailing lists, sending unsolicited bulk or commercial messages.  We reserve the right to limit, in our sole discretion and without prior notice to You the amount of E-Cards or messages that You can send through the use of this Website and also the number of recipients to which You send the E-Cards and messages.

As a Member You will be required to select a password to be used in addition to Your e-mail address.  Your e-mail address must be Yours and valid.  However if You change Your e-mail it is Your obligation to inform Jill Gubin Illustration, L.L.C. through the contact information available on the Website.  You shall not disclose Your password to others or allow others to use Your password to access the Website.

Although Maggie and Sam do contribute to the Website You do acknowledge that the Website is the work of one artist and the Website is dependent upon this one person working.  Therefore by becoming a Member and purchasing a Membership You do not commit Jill Gubin Illustration, L.L.C. to the future of releasing more E-Cards, maintenance, or availability of the Website.

Downloading the E-Cards:

Jill Gubin Illustration, L.L.C. does not make any promises or guarantees that Your printer will be compatible for the downloads or that You will be able to print them off without any issues.  Jill Gubin Illustration, L.L.C.  offers Help and Contact pages and will do their best to maintain easy use, however we present this Website "as is" and Jill Gubin Illustration, L.L.C. is not responsible if the Website does not function properly or is not compatible with Your computer software.

Termination:

The Terms Of Conditions And Use are effective until terminated by either party.  Jill Gubin Illustration, L.L.C. reserves the right and in their sole discretion to terminate Your access to the Website.  You may cancel Your Membership anytime; however Your Membership will end on a date determined by Jill Gubin Illustration, L.L.C. which is annually based. Refunds will be solely at the discretion of Jill Gubin Illustration, L.L.C. if for any reason the Website is experiencing mechanical problems that prohibit Your use of the site.

Renewal:

Each year when Your Membership expires You will have an option of renewing. There will be an email message sent to notify You.  As Member You will have an option of renewing Your license automatically. Jill Gubin Illustration, L.L.C. will store Your payment method automatically and upon Your request will charge that payment method the appropriate fee on Your anniversary date of when You purchased Your Membership. 

Content Disclaimer:

Jill Gubin Illustration, L.L.C. plans to provide the most valid and current Content/information throughout the Website and in correspondence with You.  On occasion, the Content on the Website may contain inaccuracies, or typographical errors, in which case Jill Gubin Illustration, L.L.C. reserves the right to correct any inaccuracies or errors and to change or update information without prior notice to You.

Submissions which are not requested:

As a Member of Maggie and Sam's Adventures we hope and encourage You to participate in the Pet Of The Week.  In order to avoid misunderstandings it is our policy not to accept or consider other creative ideas, suggestions or Content other than that for Pet Of The Week.  Please understand it is our intent to avoid confusion when Content or projects developed by Jill Gubin Illustration, L.L.C. are like or similar to someone else's creative work.   However if You ignore our request and send creative suggestions, Content or ideas, drawings, concepts, information etc (collectively call "materials").  The materials will than become the property of Jill Gubin Illustration, L.L.C. None of the materials will be subject to any obligation of confidentiality on the part of Jill Gubin Illustration, L.L.C. and Jill Gubin Illustration, L.L.C. will not be liable or give any compensation for any use, creation of derivative works from, modify, or incorporate the materials into any form, adapt, publish, distribute or disclosure of the materials, other than the liability that arises out of the copyright or patent law of the United States.  In addition, You warrant that Your モmoral rightsヤ acknowledge throughout the world in those materials have been waived.

Jurisdiction and International Use:

These Terms and Conditions of Use, and the rights and obligations of the parties hereto, shall abide by and be governed by the laws of the State of Arizona.  All disputes arising between Jill Gubin Illustration, L.L.C.  and You will be submitted to binding arbitration in Phoenix, Arizona in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

Jill Gubin Illustration, L.L.C. or its' affiliates do not make any representation that the Content on this Website are appropriate or can be accessed for use in locations outside the United States.  Accessing them from countries where their Contents are illegal is prohibited.  Those who choose to access this Website from other locations do so at their own will and will be held accountable to those local laws.

Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JILL GUBIN ILLUSTRATION, L.L.C. BE LIABLE FOR ANY PERSONAL INJURY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR ATTORNEYS' FEES, LOSS OF DATA, OR BUSINESS INTERRUPTION UNDER ANY LEGAL THEORY (TORT, CONTRACT OR OTHEREWISE), THAT RESULT FROM THE USE OF, OR THE INABLITY TO USE, THE CONTENT IN THIS WEBSITE EVEN IF JILL GUBIN ILLUSTRATION, L.L.C. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  THE ABOVE LIMITATION AND EXCLUSION DOES NOT APPLY TO YOU. IN NO EVENT SHALL JILL GUBIN ILLUSTRATION, L.L.C.'S TOTAL LIABLITY TO YOU FOR ALL LOSSES, DAMAGES, OR CAUSES OF ACTION (IN A CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE WEBSITE.

Disclaimer of Warranties:

THE CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EXPRESSED OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICALBE LAW, JILL GUBIN ILLUSTRATION, L.L.C. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHATABILTY AND FITNESS FOR A PARTICULAR PURPOSE A NON-INFRIGEMENT.  JILL GUBIN ILLUSTRATION, L.L.C. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT AND SERIVCES ON THIS WEBSITE  ARE ERROR FREE, OR WILL BE UNITERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBITE AND ITメS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  JILL GUBIN ILLUSTRATION, L.L.C. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND SERVICES IN THIS WEBSITE IN TERMS OF THEM BEING VALID, ACCURATE, OR OTHERWISE.  YOU (AND NOT JILL GUBIN ILLUSTRATION, L.L.C.) ASSUME THE WHOLE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTIONS.    APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.



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