Terms of Service

Terms and Conditions
Welcome! By subscribing to any of the services offered here at ecomicgallery.com, you are entering into a legally binding agreement with Jason McLean. This agreement is comprised solely of these Terms and Conditions ("Agreement" or "Terms"), including anything explicitly incorporated by reference. If you do not agree to these Terms, please do not purchase any of the services.
Jason McLean offers his editorial cartoon services exclusively to newspapers published daily, weekly, or at other short interval. It is not intended for consumers. If you order any services, you are purchasing as a business, not as an individual consumer, and you are certifying that you publish a newspaper that fits the above description.

1. Definitions:
   1. Order: the request for or purchase of artwork, editorial or other cartoons, or any other services or subscriptions from Jason McLean.
   2. Paper/Publication: Your publication to receive and/or publish said items or services.
   3. Service: Any artwork, text, consultation, idea, or any other service provided by Jason.
   4. Jason/Him/His: referring to Jason McLean, the artist and provider of said services.
   5. PayPal System/PayPal: the online system operated by PayPal, Inc. an eBay Company, which enables any individual or business with an email address to send and receive payments online.
   6. Policy or Policies: the policies posted in any location at https://www.ecomicgallery.com and any other policies that we make applicable.
   7. Piece: a tangible graphic or written work.
   8. Cartoon/Editorial Cartoon/Artwork: a graphic piece which may or may not contain text.:
   9. You/ you or Customer/Client: the entity that is enrolling in the services.
   10. Reader(s): the individual(s) reading and/or subscribing to your publication.
   11. Subscribe: to purchase services on a recurring basis.
   12. Publisher: the entity purchasing the work to print.
   13. Site/Website: an online version of or accompaniment to your publication.
   14. Editorial Cartoons/Artwork. After Jason receives a paid order, he will use commercially reasonable efforts to provide a completed editorial cartoon to the specified valid e-mail address provided, as applicable.  He is not responsible for e-mail delivery failures, handling errors, spam filter blocks, or other obstacles affecting the delivery of said cartoon. However, upon prompt notification of difficulties or failure to receive said cartoon, he will make a reasonable effort to resolve the situation, or refund the payment for the undelivered comic (minus any Paypal fees or other expenses he has incurred relating to the transaction).
2. Your Responsibilities.
   1. You agree to comply with these terms, licensing permissions, and payment arrangements.
   2. You are responsible for obtaining all equipment, web access and connections necessary for you to receive the selected services and for (i) maintaining a valid, active email capable of receiving attachments and (ii) publishing your paper daily, weekly, or at other short interval, in each case, at your own expense.
   3. You are responsible for timely, accurate payment of selected services with an approved payment method.
   4. You are responsible for providing Jason with accurate contact information and updating said information as necessary.
   5. You agree to notify Jason of any problematic or un-received services within seven (7) days of the date that services have or should have been received. You understand that you will have waived the right to dispute the accuracy or receipt of service after that time.
   6. You agree to promptly notify Jason of any issues and promptly respond to any attempts to contact you to facilitate quality service.
   7. You agree to print cartoons and services received within three (3) weeks, unless otherwise agreed upon or specified, to preserve the relevance of time-sensitive subject matter. To print outside of this time frame, please request permission in writing. Cartoons not published in the specified period of time may not be refunded, but also cannot be printed without express written permission.
3. Changes and Updates. Jason McLean needs to have the freedom to make strategic and business decisions about his provided services (and all related items). For this reason, he reserves the right, in his sole discretion, to change all or part of these Terms and/or the Policies and to change or discontinue the services, including but not limited to raising or lowering the rate for services or changing the payment  due schedule. We may make these changes at any time, with or without notice. Your continued subscription or participation will constitute your acceptance of the then-current terms and conditions, Policies and service offerings. You are responsible to check for updates. Changes and updates to these Terms will be effective immediately after they are posted at: https://ecomicgallery.sslpowered.com/ecomicgallery.com/terms.htm
4. Feedback. Jason will own and have the sole right to use any ideas, information, understandings, and concepts derived from your evaluation of his services or any other suggestions or information you disclose, without restriction and without compensating you in any way. If he requests it, you will reasonably cooperate to provide Jason with your evaluation of his services.
5. Your Representations, Warranties and Ongoing Obligations. As of the date that you enter into this Agreement and for as long as you participate in the subscription, you represent warrant and covenant that:
   1. you are a business, a newspaper published daily, weekly, or at other short interval, and you are subscribing to any of Jason’s services as a business;
   2. if you are a sole proprietor, you are 18 years old or older; if you are an entity, you are a corporation, partnership or other legal entity duly formed and in good standing;
   3. you have all the legal rights needed to enter into and perform your obligations under this Agreement;
   4. you have read and understand the Policies and you understand that your participation in the subscription is contingent on your compliance with those Policies and that violation of a Policy will constitute a material breach of this Agreement;
   5. whenever you provide information to Jason, you will provide true, accurate, current and complete information and you will update him if the information changes;
   6. you will abide by all applicable laws, rules and regulations and you will not display or use any content that would infringe the rights of any third party (including but not limited to rights under contract, copyright or trademark law).
   7. You will only publish the provided comics according to the limited permissions specified for each subscription or service.
   8. You will ensure that any included artist mark or author acknowledgement is visible on the published piece.
   9. Your Acknowledgments. You acknowledge that:
   10. Jason will provide services only after receiving all requested information and payment from you.
   11. all right, title and interest in the content he provides to you are exclusively owned by Jason McLean. He reserves any rights not expressly granted in this Agreement and disclaims all implied licenses;
   12. Jason retains the copyright to all pieces, works, or services, and reproduction rights purchased through a subscription or other means are granted on a limited basis.
   13. you may be charged a promotional or introductory rate for Jason’s services and that he reserves the right to alter this rate at any time.
   14. Reasonable efforts will be made to prevent malware from interfering with the products or services, but you acknowledge and agree that it is not 100% preventable. Service is at your own risk, and proper precautions should be taken on your end as well to prevent that unlikely occurrence.
6. Abuse of Services. You agree not to:
   1. add to, subtract from or modify the cartoon or provided work or service without authorization in any way aside from sizing the piece to fit your publication. (Pieces specifically intended for customization will be noted as such.);
   2. display any content that would alter or obscure the appearance of the provided pieces or any other content in the pieces;
   3. print the provided piece or pieces more than once in hard copy and once on-line without written permission and possible additional charge;
   4. create any merchandise depicting any cartoon, art, or other content provided by Jason without express written permission and possible additional charge;
   5. use any provided content in any way contrary to any and all applicable laws, including but not limited to e-mail spam laws;
7. No Other Licenses. You are authorized to display the Unit exactly as it is provided by Jason. You are receiving no other license to use or modify the Cartoon or any other content provided by Jason.
8. Grant of Rights to Jason. Notwithstanding anything in any other privacy policy, terms of service or any other document, you grant Jason McLean, and all of his affiliates and subsidiaries ("Related Parties") the following:
   1. the right to disclose your personal and business information to third parties (a) to the extent necessary to determine your eligibility for the subscription and provide agreed upon services, and (b) with his agents, accountants, attorneys, contractors and other representatives for Jason McLean’s business purposes;
   2. the right to include your information in combination with information from other and disclose such aggregated information to any third party;
   3. the right to receive and share any and all of the information you disclose or make available with and between the Related Parties; and
   4. the right to use your information for any internal business purpose.
9. Reserved Rights. In addition to any right not explicitly disclaimed or waived by Jason McLean, he reserves the right to:
   1. investigate you, Your Paper, Your Site your owners, officers, directors, agents, contractors and employees, at any time;
   2. change or discontinue the service, in whole or in part and temporarily or permanently, without notice and without liability to you or any third party beyond the exact amount of any payment made in advance for services not rendered.
10. Termination.
    1. By You. You may terminate any subscription at any time by selecting the “unsubscribe” option on the order page. Upon complete processing of this unsubscribe request, you will not be charged any further. Upon your termination, we may but do not have to immediately stop providing comics to you. From the date of your unsubscribe request, you have ten (10) days to publish your previously purchase comics. After that time, your license to print the items is revoked, and you may no longer publish Jason’s work without express written permission.
    2. By Jason McLean. We may suspend or terminate our provision of comics or services to you at any time, with or without notice, for any reason or no reason, with or without regard for any factor, in Jason's sole discretion.  If we terminate your subscription, any prepaid unfurnished weeks will be refunded.
11. Indemnity. You will defend, indemnify and hold harmless Jason McLean, his affiliated companies or contractors, and his assistants or employees ("Indemnified Parties") from and against any and all claims, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, which the Indemnified Parties suffer as a result of claims that arise from or relate to your activities under or in connection with this Agreement, including but not limited to claims that allege or arise from: (i) a violation a third party's right of privacy, or infringement of a third party's copyright, patent, trade secret, trademark, or other intellectual property rights, (ii) any breach of your obligations, covenants, warranties or representations as set forth in this Agreement, including any breach of any applicable policies, (iii) any violation of applicable laws, rules, and regulations by you, including, without limitation, privacy laws, and (iv) any breach of this Agreement. You shall not enter into any settlement that affects any Indemnified Party's rights or interest, admit to any fault or liability on behalf of any Indemnified Party, or incur any financial obligation on behalf of any Indemnified Party without that Indemnified Party's prior written approval.
12. No Warranty. YOU EXPRESSLY AGREE TO THE FOLLOWING WARRANTY DISCLAIMER. YOU ARE ENROLLING IN THE SUBSCRIPTION FOR SERVICES AT YOUR OWN RISK. THE COMICS AND EVERYTHING JASON MCLEAN PROVIDES UNDER THIS AGREEMENT ARE PROVIDED "AS IS." JASON DOES NOT WARRANT THAT THE SUBSCRIPTION WILL OPERATE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, JASON MCLEAN AND HIS LICENSORS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. JASON MAKES NO WARRANTY AND NO REPRESENTATION ABOUT THE RESULTS YOU WILL OBTAIN THROUGH THE SUBSCRIPTION, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION REGARDING RESPONSE, REACTION, OR BACKLASH FROM READERS TO THE PUBLICATION. BY PUBLISHING JASON’S WORK, YOU ARE ACEPTING THE RESPONSIBILITY FOR ANY DISSASTISFIED, UNHAPPY, HURT, AND/OR ANGRY READERS. This warranty disclaimer shall apply to the maximum extent permitted by law.
13. Limitation of Liability. YOU EXPRESSLY AGREE TO THE FOLLOWING LIMIT OF LIABILITY. JASON MCLEAN WILL NOT BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT, EVEN IF JASON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JASON WILL NOT BE LIABLE FOR ANY DAMAGES TO READERS OF YOUR PAPER FOR ANY REASON, AND BY PUBLISHING THE WORK YOU ACCEPT THE RESPOSIBILITY AND LIABILITY FOR THE REACTIONS, RESPONSES, OR ANY OTHER RELATED ACTIONS OF YOUR READERS, INCLUDING BUT NOT LIMITED TO LAWSUIT OR OTHER DAMAGES. JASON MCLEAN WILL NOT BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF ANY AMOUNT THAT YOU HAVE ALREADY PAID HIM DURING THE 6 MONTHS PRIOR TO THE TIME THAT THE CAUSE OF ACTION AROSE. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SUBSCRIPTION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR PARTICIPATION IN THE SUBSCRIPTION. This limitation of liability shall apply to the maximum extent permitted by law.
14. No Public Statements. You may not issue any press release or other public statement regarding the Agreement or Jason McLean’s affiliates or partners without the prior written consent of Jason McLean.
15. Other Claims. Nothing in this Agreement will be construed to waive or prejudice Jason's ability to assert any cause of action against you or any third party. For example and without limitation to any other causes of action, if you engage in any action that constitutes an infringement of Jason's copyrighted materials, he may pursue a claim for that infringement even though the infringing action was not prohibited in this Agreement. In addition, for any breach of this Agreement or the Policies, he reserves the right to pursue all available civil and criminal remedies in addition to our contractual remedies.
16. Confidentiality. You will not disclose or use Jason's Confidential Information. "Confidential Information" means any information disclosed or made available to you by Jason, directly or indirectly, whether in writing, orally or visually, other than information that: (a) is or becomes publicly known and generally available other than through your action or inaction or (b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from Jason. Confidential Information includes but is not limited to all information contained within Jason’s correspondence, these Terms, the Policies, and other information Jason discloses or makes available to you.
17. Misc.
    1. These Terms apply only to Jason's provision of cartoons, graphics, or other services to you.
       1. Jason McLean reserves the right to refuse to provide services to anyone, for any reason or no reason, in Jason’s sole discretion.
       2. This Agreement will be governed by the laws of Texas, excluding its conflicts of laws principles. Any dispute or claim between you and Jason McLean or his affiliates and subsidiaries will be adjudicated in the state or federal courts in Dallas County, Texas. Any claim against Jason arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
       3. You agree to file any claim or cause of action against Jason McLean within one (1) year of the date that the claim or cause of action arises.
       4. This is the entire agreement between you and Jason McLean with regard to the subject matter covered herein. Any other terms and agreements (whether verbal, written or both) are superseded.
       5. A party can only waive rights under this Agreement by executing a written waiver signed by a duly authorized representative. No other action or inaction will constitute a waiver.
       6. The following sections will survive termination of this Agreement: 1, 3e, 3g, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, and 16.
       7. The parties are independent contractors. This Agreement does not form any joint venture, partnership, agency or employment relationship.
       8. Except for your indemnity obligations, there are no third party beneficiaries to this Agreement.
       9. Jason McLean may assign this Agreement or delegate its responsibilities without your consent. Upon assignment, Jason will have no further obligation or liability under this Agreement.
       10. Jason McLean may change any or all aspects of his products, services or subscriptions at any time and without notice. Nothing in this Agreement will constrain how Jason McLean operate his business.