Last Updated: April 18, 2023
Welcome to Gabby & Min Publications! Gabby & Min is a venture of Delio Enterprises. This means that the parent company, Delio Enterprises, is doing business as (DBA) “Gabby & Min” or “Gabby & Min Publications”, and is the main contact for any concerns at [email protected].
The rules and regulations governing the use of the Gabby & Min Publications website, which can be found at https://gabbyandmin.com, are outlined in these terms and conditions.
If you access this website, we presume that you have accepted the terms and conditions stated on this page. If you do not agree to abide by all of the terms and conditions, please refrain from using the services provided by Gabby & Min Publications.
These Terms of Service and any additional terms that may be disclosed to you for the services you select (“Terms”) is an agreement between you and Gabby & Min Publications (“G&M”, “us”, “our” or “we”) for your use of the G&M website (https://gabbyandmin.com and all sub-domains), mobile websites, applications and any other G&M products, services or tools that link to these Terms (“Services”). Any G&M-owned services that are linked to other terms of service are regulated by the terms of that particular service.
Through your use of the Services, you are acknowledging that you have read and agreed to be legally bound by these Terms, which include G&M's Privacy Policy by reference. If you do not agree to these Terms, please refrain from using the Services. We retain the right to modify or amend these Terms without prior notice. If changes are made to these Terms, your continued use of the Services will indicate your acceptance of those changes.
1. Cookies
2. Intellectual Property
3. iFrames
4. Embeddable Player and Widgets
5. User Submissions
6. Your Privacy
7. Copyright Infringement
8. Unlawful or Prohibited Use
9. Links
10. Removal of links from our website
11. Mobile Applications
12. Disclaimer of Warranties and Limitation of Liability
13. Indemnification
14. Release
15. Applicable Law and Jurisdiction
16. Electronic Communications; Binding and Entire Agreement
17. Severability
18. No Waiver
19. Termination of Services and Survival
20. Disclaimer
21. Contact
Gabby & Min Publications uses cookies, which you have agreed to in accordance with our Privacy Policy, to enhance your browsing experience. Like most interactive websites, cookies are utilized to retrieve user details during each visit to our website. These cookies enable certain areas to function properly, making the website more user-friendly. Additionally, some of our affiliate and advertising partners may use cookies.
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The Services display a range of content, including text, graphics, photographs, still and moving images, videos, sound, illustrations, and software (collectively referred to as "Content"), which is the property of G&M, its licensors, vendors, agents, and/or content providers, as applicable. All components of the Services, including the Content and general design, are safeguarded by trade dress, copyright, moral rights, trademark, and other laws related to intellectual property rights. G&M reserves the right to monitor the usage of Content.
Access to copyrighted material on the Services is granted for personal use only. Except where permitted under copyright law, no portion of the Content, in whole or in part, may be copied, downloaded, redistributed, retransmitted, published, or commercially exploited without the express consent of G&M and/or the copyright owner. In the event that any authorized copying, redistribution, or publication of copyrighted material occurs, no alterations or deletions to author attribution, trademark legend, or copyright notice shall be made. It is acknowledged that downloading copyrighted material does not grant any ownership rights.
When utilizing Content in accordance with this Agreement, it is prohibited to (a) suggest or imply that G&M is endorsing you, your opinions, or any products or services offered by you or your organization, or (b) indicate that you or your organization is associated with G&M or any of its events, products, or services, unless that association is explicitly laid out in a written agreement between you and G&M.
You are prohibited from accessing any Content from the Services through any technology or method other than the web pages for the Services, the Embeddable Player (as defined below), the Widgets (as defined below), or any other methods explicitly authorized by G&M.
All trademarks, service marks and trade names of G&M or third-parties used in the Services (including, but not limited to, “Gabby & Min”, “Gabby & Min Publications”, “Gabby & Min's Literary Review” magazine; the “two cats” logo, (collectively, the “Marks”) are trademarks or registered trademarks of G&M or its licensors, vendors or content providers, as applicable. You are not permitted to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any manner, including in advertising or publicity related to the distribution of materials on the Services, without obtaining G&M's prior written consent. The use of the Marks on any other website or computer network is strictly prohibited.
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You are not allowed to create frames around our webpages that change the visual presentation or appearance of our website without obtaining prior written permission and approval.
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If G&M provides you with an embeddable player for watching videos or playing audio content from the Services, or widgets to access Content from the Services, you must agree to the following terms to access and use them:
✦ You are prohibited from making any alterations or modifications to the Embeddable Player, the Widgets, or any related technologies.
✦ When using the Embeddable Player and/or Widgets provided by G&M, you are required to include a visible link back to the relevant website or Service on the pages where the Embeddable Player and/or Widgets are displayed. You are prohibited from modifying, obstructing, or building upon any part of the Embeddable Player and/or Widgets in any way.
✦ G&M’s prior written authorization is required for any commercial use of the Embeddable Player and/or Widgets. This prohibition includes selling access to the Services or their related services (such as the Embeddable Player and Widgets) on any other website and using the Services or their related services (such as the Embeddable Player and Widgets) primarily for the purpose of obtaining advertising or subscription revenue.
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The Services may currently or eventually allow users to submit and post or link various forms of content, including but not limited to media, text, audio and video recordings, photos, survey responses, and commentary (collectively referred to as "User Submissions"). You acknowledge that G&M cannot ensure the confidentiality of any User Submissions, whether or not they are published.
When you submit User Submissions through the Services, you are granting G&M and its affiliates and partner organizations a transferable, worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable license, which includes the right to grant and authorize sublicenses, to use, reproduce, modify, distribute, adapt, prepare derivative works, publicly perform, and display the User Submissions for any purpose related to the Services, or for the promotion and redistribution of part or all of the Services (including derivative works) through any media channels and formats, whether now known or later discovered. If G&M chooses, it may use the name you submit with the User Submission. By submitting User Submissions, you also agree to waive any claims or assertions of moral rights or attribution related to your User Submissions. Additionally, you are granting each user of the Services a non-exclusive license to access your User Submissions, and to use, reproduce, distribute, prepare derivative works, display, and perform the User Submissions in accordance with these Terms and the functionality of the Services.
As the sole person responsible for your User Submissions, you are accountable for any consequences that arise from posting or publishing them. When submitting User Submissions, you confirm and guarantee that: (a) you have the legal right, licenses, authorizations, and permissions necessary for G&M to use and grant the rights to the User Submissions as specified in this section; and (b) your User Submissions and their use by G&M, its affiliates, partner organizations, and successors will not (i) infringe or violate the intellectual property rights or other rights of any third party, (ii) defame, slander, or invade the privacy or other property rights of any person, or (iii) violate any applicable laws or regulations.
Gabby & Min's Literary Review acquires First North American Serial Rights for works published in our magazine. After publication, all rights revert back to the author/artist.
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Please refer to our Privacy Policy.
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To report any alleged copyright infringement on the Services, please provide the following information to G&M’s Copyright Agent, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512:
✦ A physical or electronic signature of an authorized person acting on behalf of the owner of an exclusive right that has allegedly been infringed;
✦ Identifying the copyrighted work alleged to have been infringed, or if multiple copyrighted works on a single online site are involved, providing a representative list of such works located on that site;
✦ Information that helps to locate the material, which is claimed to be infringing or subject to infringing activity and should be removed or have its access disabled, along with the identification of the material itself;
✦ Information that is adequate to allow us to get in touch with the party making the complaint;
✦ The party making the complaint must affirm that they have a genuine belief that the material in question is being used in a manner that is not authorized by the copyright owner, its agent, or the law;
✦ The notifier must declare under penalty of perjury that the information provided in the notification is accurate and that they are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
For copyright inquiries under the DMCA please contact Delio Enterprises at [email protected]
You may need to create or receive a password and account designation to access certain Services. It is your responsibility to maintain the confidentiality of your password, account, and any information displayed in your account profile. You are liable for all actions performed using your password or account. If you allow third parties to access the Services using your account information, you agree to indemnify and defend G&M, its employees, agents, affiliates, partner organizations, successors and assigns from any liability, costs, or damages resulting from claims or lawsuits related to such access and use. If you become aware of any unauthorized use of your password or account or any security breach related to the Services, you must immediately inform G&M.
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It is mandatory to use the Services solely for lawful purposes and in accordance with both these Terms and any applicable laws. You are prohibited from using the Services in a way that could harm, disable, overload, or impede the Services, or interfere with any other person's use of the Services. You are not allowed to try to gain unauthorized access to the Services.
You agree not to disable, circumvent, or otherwise interfere with security features of the Sites, or with features that prevent or restrict the use or copying of any content, or that enforce limitations on the use of the Services or the content available on the Sites.
You agree not to utilize any automated means, such as bots, crawlers, harvesters, indexers, robots, scrapers, or spiders, to access, gather, read or compile content from the Services.
Furthermore, you consent not to: (a) engage in any activity that, as determined solely by us, puts an excessive or unfairly large burden on our infrastructure; (b) disrupt or attempt to disrupt the proper functioning of the website or any actions conducted on the Services; or (c) circumvent any methods we may implement to prevent or limit access to the Services.
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G&M may provide links to third-party websites through the Services, which are not owned, operated, or managed by G&M. These links are provided for your convenience only, and if you choose to access them, you will leave the Services. G&M does not have control over the content, materials, or information found on or available through any third-party website, and we are not liable for any content that violates the restrictions applicable to G&M. Furthermore, any products, services, or donations made through third-party websites are not the responsibility of G&M.
G&M does not endorse, guarantee, represent, or warrant any other websites, or the content, materials, or information located or accessible from any other websites, or any products or services obtained through such websites, including how any donations made through such websites will be used. By accessing any websites linked to or from the Services, you assume full responsibility and risk.
In order to establish a link to any portion of the Services, you must comply with the following terms and conditions. You are required to adhere to these terms, which may be revised by G&M at its discretion, to maintain your right to link to the Services:
✦ Intermediary pages, splash pages, or any other content may not be placed between the link and the corresponding page from the Services. Furthermore, you may not frame the information provided by the Services or present it in any manner other than how it is displayed on the Services.
✦ When linking to the Services, you may not suggest or imply that G&M (or any of its affiliates or partner organizations) endorses you, your views, or any products or services provided by you or your organization. Please note that the posting of a link to the Services does not constitute an endorsement by G&M of you, your views, or any products or services offered by you or your organization.
✦ It is prohibited to use any part of the Services' Content for propaganda purposes or any attempts to influence legislation within the definition of Section 4945(d)(1) of the Internal Revenue Code.
✦ G&M disclaims all liability and responsibility for any Content of any website that is linked to the Services.
✦ G&M retains the right to terminate any links to the Services, with or without cause or warning, as it deems necessary. If G&M decides to exercise this right, you must remove your link to the Services without delay.
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If you come across any link on the Services that you find offensive or objectionable, you may contact us at any time to let us know. While we may consider requests to remove such links, we are not obligated to do so, nor are we required to respond to you directly.
We cannot guarantee the accuracy or completeness of the information on this website, and we do not warrant that the website will be continuously available or that the content on the website will be kept up to date.
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By downloading a mobile application for a Service ("App"), you are granted a non-commercial, non-exclusive, and revocable license by G&M to use one (1) copy of the App for each Service on a single device that you own or control in connection with your account. This license covers all upgrades, modifications, enhancements, and related files and materials provided or available with the App. However, we cannot guarantee that the App will work correctly on your device or be compatible with it. You are strictly prohibited from creating copies of the App or altering, disassembling, decompiling, or reverse engineering the App, except as required by applicable law. If the App contains third-party software or intellectual property, such material is subject to the rights, title, and interest of the respective third parties, and any unauthorized use or copying is strictly forbidden and subject to the terms of the third party's end-user license agreement. All rights not granted in these terms are reserved by third parties. These terms are subject to change at G&M's discretion.
If you choose to use an Apple application as your App, you can only access and use it on an Apple iPhone OS device that you own or control. If you download the App and any associated mobile software from Apple’s iTunes Store or App Store ("App Store Version"), you agree to the following terms: These Terms are between you and G&M, and not Apple. As such, Apple is not responsible for the App Store Version or its content, and is not required to provide any support services for it. If the App Store Version does not meet any applicable warranties described in these Terms, you may notify Apple and receive a refund of the purchase price (if any) to the maximum extent allowed by applicable law. Apple will not have any other warranty obligation for the App Store Version. You must comply with the App Store or iTunes Store Terms of Service, including without limitation the LICENSED APPLICATION END USER LICENSE AGREEMENT in the Apple Terms, which can be found at https://www.apple.com/legal/itunes/us/terms.html.
You acknowledge that G&M is solely responsible for handling any claims related to the App Store Version, and not Apple. Any claims related to warranty (if applicable), as well as any losses, liabilities, damages, costs, or expenses resulting from a failure to meet such warranty, will be governed by these Terms. You agree that G&M, and not Apple, is responsible for addressing any claims made by you or any third party regarding the App Store Version, including but not limited to (i) product liability claims; (ii) any claim that the App Store Version does not meet applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar legislation. All such claims will be governed by these Terms and any applicable laws or regulations related to the Services or content provided by G&M.
In the event of any third party claim that the App Store Version or your use of it infringes on a third party’s intellectual property rights, G&M will be solely responsible for investigating, defending, settling, and discharging such a claim, and not Apple. You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo, or designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
You agree that, notwithstanding anything in these Terms to the contrary, Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they apply to the App Store Version.
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YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. G&M AND ITS REPRESENTATIVES, INCLUDING OFFICERS, TRUSTEES, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND ASSIGNEES, DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, THEY DO NOT GUARANTEE ANY RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES, OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES.
G&M AND ITS REPRESENTATIVES WILL NOT BE HELD LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM THE USE OF THE SERVICES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS PERTAINING TO OR ON THE SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR NEGLIGENCE UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED. IF APPLICABLE LAW DOES NOT PERMIT ALL OR ANY PART OF THIS LIMITATION OF LIABILITY TO APPLY TO YOU, THEN THE LIMITATIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
G&M and its Representatives do not accept any responsibility for unauthorized access or use of your personally identifiable information. When accessing the Services, you acknowledge and agree that G&M denies any liability for such actions. If you do not accept this disclaimer, you should refrain from using or accessing the Services.
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You agree to defend, indemnify, and hold harmless G&M and the Representatives from any and all losses, damages, liabilities, and costs, including reasonable attorneys' fees, incurred in connection with any claim, damage, or loss related to or arising out of: (i) your use of the Services, (ii) any assistance or services provided by us or the Representatives to you, (iii) any alleged unauthorized use of the Services by you, or (iv) any breach or alleged breach by you of these Terms. You agree to fully cooperate in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our prior written consent. Your obligation to defend, indemnify, and hold harmless G&M and the Representatives shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state, or local laws. If federal, state, or local laws impose limitations on your obligation to indemnify, you shall still be responsible for any harm caused to third parties by the ordinary negligent acts or omissions of your agents or employees, who are not party to these Terms.
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Should you have any disputes with other users of the Services, you agree to release G&M and the Representatives from any and all claims, demands, and damages of every kind and nature, whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed, that may arise out of or be related to such disputes.
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By accessing the Services, you agree to be bound by these Terms, which are governed by and construed in accordance with the laws of the State of Pennsylvania, except for any conflicts of laws principles. The Services are primarily controlled and operated from G&M's offices located in the State of Pennsylvania, unless otherwise noted, and all activity related to the site, including accessing pages and downloading materials, is deemed to occur in the State of Pennsylvania.
You hereby consent to the exclusive jurisdiction and venue of the federal and state courts located within Chester County, State of Pennsylvania, for any lawsuit, action, or proceeding arising from or related to these Terms.
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You acknowledge and agree that these Terms constitute a legally binding agreement that is considered "signed by you" in accordance with applicable law. You also acknowledge that any communication or notices related to your use of the Services may be provided to you electronically, which includes email, website posting, or other electronic means, and will be deemed received upon distribution. These Terms, along with the Privacy Policy, represent the entire agreement between you and G&M and supersede any prior agreements, whether written or oral, regarding their subject matter. By using the Services, you expressly consent to the use of the English language in these Terms and all related documents or notifications.
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In the event that any of these Terms is found to be invalid, void, or unenforceable for any reason, the unenforceable provision will be modified in a way that best reflects the intention of the provision to the maximum extent allowed by applicable law, or removed if modification is not possible, and the remaining Terms will be enforced to the fullest extent permissible by law.
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G&M reserves the right to enforce these Terms in every instance in which they might apply, and any failure to enforce them in a specific instance does not constitute a waiver of any of G&M’s rights. G&M reserves the right to utilize all legal measures to uphold these Terms. Termination of your use of the Services will result in the cancellation of all your rights of access and use.
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At any time and without prior notice, we may terminate any Services for any reason, including but not limited to misuse, inappropriate, unlawful, or unsafe behavior, as determined at our sole discretion. However, the provisions of these Terms and Conditions related to Disclaimer of Warranties and Limitation of Liability, Indemnification, Release, Applicable Law and Jurisdiction shall continue to apply even after termination. In case of expiration or termination of these Terms for any reason, the provisions that should continue after termination by their nature, including Intellectual Property Rights, Applicable Law and Jurisdiction, and Severability shall survive.
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We hereby state that, to the extent allowed by applicable law, we make no representations, warranties, or guarantees regarding our website or its use. It's crucial to understand that this disclaimer does not:
✦ restrict or disclaim our and your responsibility for wrongful death or personal injury;
✦ lessen or completely remove our, and your responsibility for fraud or fraudulent;
✦ minimize any of our or your liabilities in a way that isn't allowed under the law that's in force; or
✦ exclude any of your or our obligations that may not be covered by the law.
The exclusions and restrictions on liability set forth in this Section and elsewhere in this disclaimer: (a) are subject to the previous sentence; and (b) apply to all obligations emerging under the disclaimer, including those originating in contract, tort, and for violation of statutory duty.
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If you have questions about these Terms and Conditions, please contact us at [email protected] or use the Contact Form which will send your message to Delio Enterprises.
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