Terms and Conditions of Use

Terms of Use Agreement

Welcome to our Web site.  By using our site, you are agreeing to comply with and be bound by the following terms of use.  StoryBookIllustrators.com will be known as "the Website" in the outlined terms and conditions below. The term “you” refers to the user, member or viewer of our Website.  The term “service” refers to the service provided by StoryBookIllustrators.com and accessed by the user, member or view of our Website.

1. Acceptance of Agreement

Please read these terms and conditions carefully before using the Website. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website.

2. Advice

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3. Website Usage

You may use the Website for lawful purposes only.  StoryBookIllustrators.com is intended for adult use and viewing.

You may not use the Website:

3.1   in any way that is unlawful or fraudulent;

3.2   in any way that breaches any applicable federal, provincial or international law or regulation;

3.3   to  knowingly create, store or disseminate any illegal content;

3.4   to transmit unauthorized promotional material, emails, spam or any other similar form of solicitation to any member or visitor to the Website;

3.5   to knowingly transmit or upload through the Website any material that contains viruses or other harmful code that may adversely affect the operation or connectivity of the Website or any computer software or hardware;

3.6   for any purpose other than promoting or viewing portfolios through our Website;

You also agree:

3.7   not to resell, re-use, reproduce or copy any services provided by StoryBookIllustrators.com or any part of this Website;

3.8   not to access without authority, interfere, damage or disrupt this Website, equipment or network;

3.9   not to upload any material that infringes upon any third party rights;

4.  Acceptable Content

These terms apply to all content uploaded or contributed to the Website, including the content of any site linked to our website.  The content must be accurate, in the case of factual information provided, and lawful. 

The content must not:  

4.1   Contain or promote: profanity, hatred, threats, propaganda, racism, nudity, gambling, hacking activities, drugs, violence, firearms, weapons, degradation, harm, slander, cult activity, gang related activity, any illegal activities or discriminate based on sex, religion, nationality, age or disability;

4.2   infringe upon any third party rights;

StoryBookIllustrators.com maintains the right to remove any content or material deemed inappropriate from the Website.  You hereby consent to such removal and waive any claim against StoryBookIllustrators.com arising out of such removal. 

5. Third Party Content

Third party content may appear on the Website or may be accessible via links from the Website that are controlled and maintained by others. StoryBookIllustrators.com does not endorse or assume liability of any content uploaded or submitted by third party users to the Website.  Any link to another website is not an endorsement of such website and you acknowledge and agree that we are not responsible for the content or availability of any such sites.  Although we will do our best to avoid and remove any offensive material, we are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. 

6. Changes to Website, Software, and Services

StoryBookIllustrators.com reserves the right to:

6.1   change or remove, temporarily or permanently, the Website or any part of it without notice and you confirm that StoryBookIllustrators.com shall not be liable to you for any such change or removal;

6.2   change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that StoryBookIllustrators.com shall not be liable for any such change or removal;

7. Copyright

The Intellectual Property Rights in this website and the materials on or accessible via it belong to StoryBookIllustrators.com or its respective owners.  This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, downloaded, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website) without the express written permission of the copyright owner. 

'StoryBookIllustrators.com’ and the StoryBookIllustrators.com Logo are trademarks which belong to StoryBookIllustrators.com and they may not be may not be used, copied or reproduced in any way without written consent from StoryBookIllustrators.com.

For these purposes "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or remittable) and registrations of and applications to register any of them.

8. Trade Terms and Usage

Subject to the provisions of these terms and conditions, we affirm that our Service will be provided with reasonable care and skill.   

StoryBookIllustrators.com will not be held liable for direct, indirect, economic or any claims for consequential compensation whatsoever, howsoever caused, which arise out of, or in connection with, the Service contract.

8.1         You acknowledge and agree to be bound by the terms of our Privacy Policy and our Terms of Use Agreement;

Membership, subscription, billing process

8.2         You can subscribe and become a Member of StoryBookIllustrators.com (a “Member”) by first registering an account with us, then selecting and paying in full a subscription from our Website;   

8.3         The subscription price for our Service depends on the subscription type chosen and is outlined on our site.  You will have the opportunity to confirm the purchase price in your shopping cart before you submit your payment;

8.4         Prices and offers are subject to change;   

8.5         Payment is accepted in any currency via PayPal.  We accept Visa, MasterCard and American Express also via PayPal;

8.6         Full payment is required before access as a Member to the Website is available;

8.7         By subscribing to the Website and becoming a Member you agree to pay the subscription fees and all applicable taxes in accordance with the billing terms;

8.8         The contract for us to supply our Service to you will commence on the date payment is processed for your order and shall continue for the period of time that applies to the specific Service you have purchased, unless otherwise terminated as provided in 8.12;

8.9         For annual subscriptions, the Service will automatically renew at the end of one year and payment will be automatically processed at that time;

Security and access

8.10      You agree to keep your password confidential at all times and not to disclose your password to any third parties;

8.11      You agree that all actions taken using your password remain your responsibility and releases StoryBookIllustrators.com of any liability involving such actions;

Copyright and other intellectual property rights

8.12      You retain all intellectual property rights in your Materials.  You agree that StoryBookIllustrators.com may store, maintain and create back up copies of your Materials for the purpose of providing our Service to you;

Termination and refund policy

8.13      Breach of any of these terms and conditions by customers shall constitute the termination of Service with no entitlement of refund;

8.14      We reserve the right to terminate or suspend our Service at any time and for any reason we deem necessary.  We may terminate the contract for us to supply our Service to you at any time with immediate effect by notifying you by email.  We will issue a refund to you based on a pro-rata amount for the remainder of the term for which you have paid;

8.15      You may terminate the contract for us to supply our Service to you at any time by giving us 30 days advance notice by emailing us at customercare@storybookillustrators.com;

8.16      Refunds will not be issued for those who break our terms and conditions;

9. Limitation of Liability

The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, StoryBookIllustrators.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. StoryBookIllustrators.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of StoryBookIllustrators.com for death or personal injury as a result of the negligence of StoryBookIllustrators.com or that of its employees or agents.

10. Indemnity

You agree to indemnify and hold StoryBookIllustrators.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against StoryBookIllustrators.com arising out of any breach by you of these terms and conditions or other liabilities arising out of your use of this Website including any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

11. Severability

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

12. Applicable Law and Dispute

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Canada whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Canada.

13. Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

StoryBookIllustrators.com reserves the right to add, delete, or modify any provision to this Agreement at any time without notice and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. 

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