Agreement between User and www.cthefaerie.com

Welcome to www.cthefaerie.com. The www.cthefaerie.com website (the "Site") is comprised of various web pages operated by Faerie: Freelance Singer-Songwriter ("Faerie"). www.cthefaerie.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.cthefaerie.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.cthefaerie.com is a Portfolio and E-Commerce Site.

 

Faerie provides her portfolio and information regarding her freelance services. Musicians have the opportunity to collaborate and hire Faerie for services such as vocal recording, songwriting, and lyric revisions.

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1. Scope of Work

User understands that Faerie is not accepting in-person meetings/sessions. Work with Faerie will be done virtually unless stated otherwise by Faerie. 

All payments are upfront, unless stated otherwise by Parties. The deposit (50%) is due at the signing of the contract. The remaining balance is due right before sending the final draft.

Faerie may decline, or charge additionally for, work that it reasonably deems to exceed the scope of work mentioned in the contract.

 

Depending on the scope of work, projects will be worked on with a collaborative effort. This means that all parties involved in the project have the right to contribute their ideas and receive criticism for it, whether it is positive or negative. For example, suggested lyrics are subject to be changed or rearranged by other collaborators. Before changing or rearranging lyrics, all artists must be informed about the changes.

 

Faerie is not responsible for promotions or exposure of the final work. 

 

2. Contest Terms

User understands that any contests held through www.cthefaerie.com and are screened only by Faerie.

 

Free bi-monthly collaborations are chosen through a system where Users submit demos for Faerie to choose from. Faerie will be choosing up to 2 winners to work with for free. The Terms still apply (minus payment). All Users from this free promo must agree to a 50/50 royalty split. All projects start 2-3 weeks after the announcement of winners.

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Past winners cannot submit again until 6 months after publishing finished project.

 

3. Electronic Communications

Visiting www.cthefaerie.com or sending emails to Faerie constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

4. Children Under Thirteen

Faerie does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.cthefaerie.com only with the permission of a parent or guardian.

 

5. Cancellation/Refund Policy

Cancellation by either Party by written notice can be made no less than 2 weeks before the earliest Work date specified in the contract.

 

In the event of any cancellation by User, Faerie will retain the Deposit.

 

If Faerie cancels at any time due to illness, injury, transport problem, weather conditions, or any other cause beyond Faerie's control that renders Faerie unable to perform duties, Faerie will retain the Deposit.

 

If Faerie cancels at any time for reasons within Faerie's control (any excuse or reason not listed above), Faerie must refund the Deposit.

 

6. Links to Third Party Sites/Third Party Services

www.cthefaerie.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Faerie and Faerie is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Faerie is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Faerie of the site or any association with its operators.

 

Certain services made available via www.cthefaerie.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.cthefaerie.com domain, you hereby acknowledge and consent that Faerie may share such information and data with any third party with whom Faerie has a contractual relationship to provide the requested product, service or functionality on behalf of www.cthefaerie.com users and customers.

 

7. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.cthefaerie.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Faerie that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Faerie or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Faerie content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Faerie and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Faerie or our licensors except as expressly authorized by these Terms.

 

8. International Users

The Service is controlled, operated and administered by Faerie from an office within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Faerie Content accessed through www.cthefaerie.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

10. Indemnification

You agree to indemnify, defend and hold harmless Faerie, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Faerie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Faerie in asserting any available defenses.

 

11. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

12. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Faerie agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

13. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FAERIE: FREELANCE SINGER/SONGWRITER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

FAERIE: FREELANCE SINGER/SONGWRITER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FAERIE: FREELANCE SINGER/SONGWRITER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAERIE: FREELANCE SINGER/SONGWRITER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAERIE: FREELANCE SINGER/SONGWRITER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

14. Termination/Access Restriction

Faerie reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Faerie as a result of this agreement or use of the Site. Faerie's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Faerie's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Faerie with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Faerie with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Faerie with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

15. Changes to Terms

Faerie reserves the right, in its sole discretion, to change the Terms under which www.cthefaerie.com is offered. The most current version of the Terms will supersede all previous versions. Faerie encourages you to periodically review the Terms to stay informed of our updates.

 

16. Contact Us

Faerie welcomes your questions or comments regarding the Terms:

 

Faerie: Freelance Singer/Songwriter

New Jersey

 

Email Address:

christinelammusic@gmail.com