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TERMS AND CONDITIONS FOR COOKIE CUTTER GIRL
& OUR AFFILIATE WEBSITES, BLOGS AND FORUMS
Your use of this web site ("Site"), owned by Cookie Cutter Girl & our affiliates, and the features at this Site are subject to these Terms and Conditions ("Terms"), which we may update from time to time. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. Cookie Cutter Girl & our affiliates may, in our sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Cookie Cutter Girl & our affiliates will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.
Cookie Cutter Girl & our affiliates Content
Content on this Site provided by Cookie Cutter Girl & our affiliates or its Licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Cookie Cutter Girl & our affiliates Content") is the property of Cookie Cutter Girl & our affiliates and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content provided by users of the site ("Submitted Content"), such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the parties that provided that content, and is used by Cookie Cutter Girl & our affiliates subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law. Although Cookie Cutter Girl & our affiliates.com makes efforts to insure that all material on this site is correct, accuracy cannot be, and is not, guaranteed by CookieCutterGirl.com & our affiliates.
You agree not to download, display or use any Cookie Cutter Girl & our affiliates Content or Submitted Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Cookie Cutter Girl & our affiliates, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Cookie Cutter Girl & our affiliates and/or its licensors, that dilutes the strength of Cookie Cutter Girl & our affiliates's or its licensor's property, or that otherwise infringes Cookie Cutter Girl & our affiliates's or its licensor's intellectual property rights. You further agree to in no other way misuse any Cookie Cutter Girl & our affiliates Content or Submitted Content that appears on this Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Contact Us link and follow the instructions at that area. Users who believe that user-posted content includes infringing materials should click on the Copyright icon while playing or judging.
Posting Submitted Content
On certain areas of our Site you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content ("Submitted Content"). Your posting of Submitted Content is subject to these Terms, the following terms ("Submission Rules"), and any additional terms posted for a specific feature:
• No Illegal, Infringing or Abusive Message Content: You understand
and acknowledge that you are responsible for your Submitted Content,
and agree not to post any content that is unlawful, harmful, tortious,
defamatory, libelous, obscene, invasive of the privacy of another person,
threatening, harassing, abusive, hateful, racist, infringing, pornographic,
violent or otherwise objectionable or inappropriate as determined by
Cookie Cutter Girl & our affiliates.
Ownership of Posted Content and License Thereto
After posting your Submitted Content to the Site, you continue to retain all ownership rights in such Submitted Content, and you continue to have the right to use your Submitted Content in any way you choose, subject to these Terms and the license described herein ("Submitted Content License"). Cookie Cutter Girl & our affiliates may delete any Submitted Content that in the sole judgment of Cookie Cutter Girl & our affiliates violates these Terms or the Submission Rules.
• Scope of License: By displaying, publishing, or otherwise posting
any Submitted Content on or through the Site, you hereby grant to Cookie
Cutter Girl & our affiliates a limited, non-exclusive, sub-licensable,
worldwide, fully-paid, royalty free license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Submitted
Content without the requirement to make payment to any third party or
the need to seek any third party permission. This license includes the
right to host, index, cache, distribute, and tag any Submitted Content.
CookieCutterGirl.com acts as a place for venues to post gig opportunities and artists or bands to post their information and potentially secure gigs. Cookie Cutter Girl & our affiliates do not represent either the artist or the venue, and is not a booking agency, but rather provides a neutral place for artists and venues to connect. Cookie Cutter Girl & our affiliates Marketplace may be used only for lawful purposes by venues seeking artists or bands, or artists and bands seeking gigs.
Cookie Cutter Girl & our affiliates are not involved in the actual transaction between venues and artists or bands. Cookie Cutter Girl & our affiliates are not an employer of any artist or band and shall not be responsible for any decisions made by a venue to select artists or bands for a particular gig at a venue. Cookie Cutter Girl & our affiliates make no representations about any gigs. Cookie Cutter Girl & our affiliates have no control over the content submitted by either party, the quality, safety or legality of the gigs posted, the truth or accuracy of the listings, the ability of venues to offer gig opportunities to artists or bands or the ability of artists or bands to fill gig openings and Cookie Cutter Girl & our affiliates may take any action with respect to content submitted that it deems necessary or appropriate in its sole discretion to protect Cookie Cutter Girl & our affiliates. Content submitted via Cookie Cutter Girl & our affiliates Marketplace shall be deemed "Submitted Content" for purposes of these Terms. While Cookie Cutter Girl & our affiliates reserves the right in its sole discretion to remove content submitted, gig postings, artist or band information or other material from Cookie Cutter Girl & our affiliates from time to time, Cookie Cutter Girl & our affiliates do not assume any obligation to do so and disclaims any liability for failing to take any such action. Users should be aware of the risk of risk of physical and other harm that is inherent in dealing with third parties you connect with via websites such as Cookie Cutter Girl & our affiliates. Cookie Cutter Girl & our affiliates assume no responsibility for any such dealings or contact. Cookie Cutter Girl & our affiliates cannot and does not confirm that each venue, artist or band is who they claim to be. Any disputes between venues, artists and bands must be resolved amongst themselves, and by using Cookie Cutter Girl & our affiliates, all venues, artists and bands hereby agree to release Cookie Cutter Girl & our affiliates (and its officers, directors, employees and agents) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Cookie Cutter Girl & our affiliates specifically prohibits any of the following in connection with Marketplace: (a) post any information for any purpose other than a venue seeking an artist or band or a artist or band seeking a gig; or (b) post any incomplete, false or inaccurate biographical information or information.
Cookie Cutter Girl & our affiliates reserve the right to require paid access for certain Cookie Cutter Girl & our affiliates Marketplace features. In such event, a valid credit card number will be required. You will be billed for your first month immediately upon selecting such option. Such service will be billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. For any upgrade or downgrade, your credit card that you provided will automatically be charged the new rate on your next billing cycle. The Cookie Cutter Girl & our affiliates Marketplace offerings and pricing are subject to change at any time with or without notification. If Cookie Cutter Girl & our affiliates terminate your account membership because you have breached these Terms, you will not be entitled to any refund of fees paid. Downgrading your service may cause the loss of content, features, or capacity of your Account. Cookie Cutter Girl & our affiliates do not accept any liability for such loss. You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing Support@CookieCutterGirl.com and formally requesting your account being cancelled. All of your content will be immediately deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the service before the end of your current paid up month, your cancellation will take effect immediately. Cookie Cutter Girl & our affiliates, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Cookie Cutter Girl & our affiliates service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Cookie Cutter Girl & our affiliates reserves the right to refuse service to anyone for any reason at any time.
Cookie Cutter Girl & our affiliates help with dispute resolution by providing members with an online tool to report and track their disputes using the dispute console. Technical support is only provided to paying account holders and is primarily available via email. When suspicious activity is reported, Community investigates the situation. We will warn, suspend, or otherwise restrict accounts that violate our policies. Questions and concerns can be addressed to firstname.lastname@example.org.
You agree to indemnify and hold Cookie Cutter Girl & our affiliates, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Rules, or any violations thereof by your dependents or which arises from the use of Submitted Content.
Cookie Cutter Girl & our affiliates and the Community
Cookie Cutter Girl & our affiliates and the Community work together to keep Cookie Cutter Girl & our affiliates running and the Community safe. If you have concerns about Cookie Cutter Girl & our affiliates or a user on Cookie Cutter Girl & our affiliates, please contact the Cookie Cutter Girl & our affiliates staff directly.
Cookie Cutter Girl & our affiliates's Community Team works to ensure that the site is safe, accessible, and enjoyable to all of our members, partners, and sponsors. Cookie Cutter Girl & our affiliates, at it sole discretion, may deactivate, suspend, or terminate our services and user accounts, prohibit access to areas or the entirety of the Cookie Cutter Girl & our affiliates web Site, remove content, and take other technical or legal steps to keep users off the Site if they are acting in a manner inconsistent with Cookie Cutter Girl & our affiliates's Terms and Conditions and/or Community Values.
You also agree that you will not:
• Infrastructure: Utilize any technology or take any action with
the intent of overloading or disrupting the normal operation of the
Cookie Cutter Girl & our affiliates infrastructure;
Your Obligations When Ranking Content
At this Site you may be given the opportunity to review and rank Submitted Content. You are solely responsible for your rankings and reviews, which must adhere to these Terms, including the Submission Rules.
Third Party Websites
Representations and Limitations of Liability
Cookie Cutter Girl & our affiliates make no representations about the reliability of the features of this Site, the Cookie Cutter Girl & our affiliates Content, Submitted Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Cookie Cutter Girl & our affiliates make no representations regarding the amount of time that any Cookie Cutter Girl & our affiliates Content or Submitted Content will be preserved. Cookie Cutter Girl & our affiliates does not endorse, verify, evaluate or guarantee any information provided by users, including rankings, reviews, or other Submitted Content and nothing shall be considered as an endorsement, verification or guarantee of any ranking, review or Submitted Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Cookie Cutter Girl & our affiliates without the prior review and written approval of Cookie Cutter Girl & our affiliates. Notwithstanding the foregoing, you may accurately disclose and describe your participation in this Site and your Submitted Content (for example, describing and promoting your Submitted Content on a personal blog or in emails).
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Cookie Cutter Girl & our affiliates BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL Cookie Cutter Girl & our affiliates BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Cookie Cutter Girl & our affiliates'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL Cookie Cutter Girl & our affiliates'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH Cookie Cutter Girl & our affiliates.COM MAKES EFFORTS TO INSURE THAT ALL MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS NOT, GUARANTEED BY CookieCutterGirl.com & our affiliates.
Both you and Cookie Cutter Girl & our affiliates acknowledge and agree that no partnership is formed and neither of you nor Cookie Cutter Girl & our affiliates have the power or the authority to obligate or bind the other.
This Agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts for Boston, Massachusetts. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Software that may be available in connection with this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from this Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
These Terms constitute a binding agreement between you and Cookie Cutter
Girl & our affiliates, and is accepted by you upon your use of the
Site or your account. These Terms constitutes the entire agreement between
you and Cookie Cutter Girl & our affiliates regarding the use of
the Site and your account. By clicking "I agree" you represent
that you are capable of entering into a binding agreement, and that
you agree to be bound by these Terms.
The failure of Cookie Cutter Girl & our affiliates to comply with the Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Cookie Cutter Girl & our affiliates, shall not be deemed a breach of these Terms. If Cookie Cutter Girl & our affiliates fails to act with respect to your breach or anyone else's breach on any occasion, Cookie Cutter Girl & our affiliates is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.
These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.
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