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Welcome to The Copycutters, inc.The following agreement (this "Agreement" or the "Terms of Service") describes the terms on which Copy Cutters, Inc. offers you access to its services. This offer is conditioned on your agreement to all of the terms and conditions contained in the Terms of Service, including your compliance with the policies and terms linked to (by way of the provided URLs) from this Agreement. By using Copy Cutters, Inc., you agree to these Terms of Service. If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using Copy Cutters, Inc.. Copy Cutters, Inc. may amend this Agreement at any time in its sole discretion, effective upon posting the amended Agreement at the domain or subdomains of http://www.findurstylist.com where the prior version of this Agreement was posted, or by communicating these changes through any written contact method we have established with you. 1. THE SERVICES AND CONTENT OF Copy Cutters, Inc. 1.1 Basic description of the service: Copy Cutters, Inc., ?. "Copy Cutters, Inc." is ? , including the software provided to you by Copy Cutters, Inc. and the online environments that support the service, including without limitation: the server computation, software access, messaging and protocols that simulate the Copy Cutters, Inc. environment (the "Servers"), the software that is provided by Copy Cutters, Inc. and installed on the local computer or other device you use to access the Servers and thereby view or otherwise access the Copy Cutters, Inc. environment (the "Viewer"), application program interfaces provided by Copy Cutters, Inc. to you for use with Copy Cutters, Inc., and access to the websites and services available from the domain and subdomains of http://www.findurstylist.com (the "Websites"). The Servers, Viewer, APIs, Websites and any other software collectively constitute the "Service" as used in this Agreement. 1.2 Copy Cutters, Inc. is a service provider, which means, among other things, that Copy Cutters, Inc. does not control various aspects of the Service ? You acknowledge that Copy Cutters, Inc. is a service provider that may allow people to interact online regarding topics and content chosen by users of the service, and that users can alter the service environment on a real-time basis. Copy Cutters, Inc. generally does not regulate the content of communications between users or users' interactions with the Service. As a result, Copy Cutters, Inc. has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service. 1.3 Content available in the Service may be provided by users of the Service, rather than by Copy Cutters, Inc.. Copy Cutters, Inc. and other parties have rights in their respective content, which you agree to respect. You acknowledge that: (i) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animation, text and other creative output (collectively, "Content"), and (ii) Content may be provided under license by independent content providers, including contributions from other users of the Service (all such independent content providers, "Content Providers"). Copy Cutters, Inc. does not pre-screen Content. You acknowledge that Copy Cutters, Inc. and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Copy Cutters, Inc.. 1.4 Copy Cutters, Inc. is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Copy Cutters, Inc.'s sole discretion. Copy Cutters, Inc. reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Copy Cutters, Inc. will not be liable for any interruption of the Service, delay or failure to perform, and you understand that except as otherwise specifically provided in Copy Cutters, Inc, you shall not be entitled to any refunds of fees for interruption of service or failure to perform. Copy Cutters, Inc. has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Service as it sees fit in its sole discretion. 1.5 In the event you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites ? Certain aspects of the Service are provided for a fee or other charge. These fees and charges are described on the Websites, and in the event you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at http://www.findurstylist.com/corporate/billing.php. Copy Cutters, Inc. may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. ACCOUNT REGISTRATION AND REQUIREMENTS 2.1 You must establish an account to use Copy Cutters, Inc., using true and accurate registration information. You must establish an account with Copy Cutters, Inc. (your "Account") to use the Service, except for those portions of the Websites to which Copy Cutters, Inc. allows access without registration. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may establish an Account with Registration Data provided to Copy Cutters, Inc. by a third party through the use of an API, in which case you may have a separate, additional account relationship with such third party. You authorize Copy Cutters, Inc., directly or through third parties, to make any inquiries we consider necessary to validate your Registration Data. Copy Cutters, Inc. reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Copy Cutters, Inc. cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user. 2.2 You must be 13 years of age or older to access Copy Cutters, Inc.; minors over the age of 13 are only permitted in a separate area, which adults are generally prohibited from using. Copy Cutters, Inc. cannot absolutely control whether minors or adults gain unauthorized access to the Service. You must be at least 13 years of age to participate in the Service. Users under the age of 18 are prohibited from accessing the Service other than in the area designated by Copy Cutters, Inc. for use by users from 13 through 17 years of age (the "Teen Area"). Users age 18 and older are prohibited from accessing the Teen Area. Any user age 18 and older who gains unauthorized access to the Teen Area is in breach of this Agreement and may face immediate termination of any or all Accounts held by such user for any area of the Service. If you reside in a jurisdiction where the age of majority is greater than 18 years old, you are prohibited from accessing the Service until you have reached such age of majority. By accepting this agreement in connection with an Account outside the Teen Area, you represent that you are an adult 18 years of age or older. By accepting this agreement in connection with an Account for use in the Teen Area, you represent that (i) you are at least 13 years of age and less than 18 years of age; (ii) you have read and accept this Agreement; (iii) your parent or legal guardian has consented to you having an Account for use of the Teen Area and participating in the Service, and to providing your personal information for your Account; and (iv) your parent or legal guardian has read and accepted this Agreement. Copy Cutters, Inc. cannot absolutely control whether minors gain access to the Service other than the Teen Area, and makes no representation that users outside the Teen Area are not minors. Copy Cutters, Inc. cannot absolutely control whether adults gain access to the Teen Area of the Service, and makes no representation that users inside the Teen Area are not adults. Adult employees, contractors and partners of Copy Cutters, Inc. regularly conduct their work in the Teen Area. Copy Cutters, Inc. cannot ensure that other users or any non-employee of Copy Cutters, Inc. will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable. 2.3 You need to use an account name in Copy Cutters, Inc. which is not misleading, offensive or infringing. You must select and keep secure your account password. You must choose an account name to identify yourself to Copy Cutters, Inc. staff (your "Account Name"), which will also serve as the name for the graphical representation of your body in the Service (such representation, an "Avatar"). You may not select as your Account Name the name of another person to the extent that could cause deception or confusion; a name which violates any trademark right, copyright, or other proprietary right; a name which may mislead other users to believe you to be an employee of Copy Cutters, Inc.; or a name which Copy Cutters, Inc. deems in its discretion to be vulgar or otherwise offensive. Copy Cutters, Inc. reserves the right to delete or change any Account Name for any reason or no reason. You are fully responsible for all activities conducted through your Account or under your Account Name. At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is entirely at your own risk. 2.4 Account registrations are limited per unique person. Transfers of accounts are generally not permitted. Copy Cutters, Inc. may require you to submit an indication of unique identity in the account registration process; e.g. credit card or other payment information, or SMS message code or other information requested by Copy Cutters, Inc.. When an account is created, the information given for the account must match the address, phone number, and/or other unique identifier information associated with the identification method. You may register multiple accounts per identification method only at Copy Cutters, Inc.'s sole discretion. A single account may be used by a single legal entity at Copy Cutters, Inc.'s sole discretion and subject to Copy Cutters, Inc.'s requirements. Additional accounts beyond the first account per unique user may be subject to fees upon account creation. You may not transfer your Account to any third party without the prior written consent of Copy Cutters, Inc.; notwithstanding the foregoing, Copy Cutters, Inc. will not unreasonably withhold consent to the transfer of an Account in good standing by operation of valid written will to a single natural person, provided that proper notice and documentation are delivered as requested by Copy Cutters, Inc.. 2.5 You may cancel your account at any time; however, there are no refunds for cancellation. Accounts may be cancelled by you at any time. Upon your election to cancel, your account will be cancelled within 24 hours, but if you have paid for a period in advance you will be allowed to use the remaining time according to these Terms of Service unless your account or this Agreement is suspended or terminated based on our belief that you have violated this Agreement. There will be no refunds for any unused time on a subscription or any prepaid fees for any portion of the Service. 2.6 Copy Cutters, Inc. may suspend or terminate your account at any time, without refund or obligation to you. Copy Cutters, Inc. has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In the event that Copy Cutters, Inc. suspends or terminates your Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Account, or for anything else. 2.7 Accounts affiliated with delinquent accounts are subject to remedial actions related to the delinquent account. In the event an Account is suspended or terminated for your breach of this Agreement or your payment delinquency (in each case as determined in Copy Cutters, Inc.'s sole discretion), Copy Cutters, Inc. may suspend or terminate the Account associated with such breach and any or all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts. 2.8 You are responsible for your own Internet access. Copy Cutters, Inc. does not provide Internet access, and you are responsible for all fees associated with your Internet connection. LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS 3.1 You have a nonexclusive, limited, revocable license to use Copy Cutters, Inc. while you are in compliance with the terms of service. Subject to the terms of this Agreement, Copy Cutters, Inc. grants to you a non-exclusive, limited, fully revocable license to use the Service during the time you are in full compliance with the Terms of Service. Additional terms may apply to use of the APIs or other separate elements of the Service (i.e. elements that are not required to use the Viewer or the Servers); these terms are available where such separate elements are available for download from the Websites. Nothing in this Agreement, or on Copy Cutters, Inc.'s websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content. You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Copy Cutters, Inc. employee and that you do not expect to be, and will not be, compensated by Copy Cutters, Inc. for such activities. 3.2 You retain copyright and other intellectual property rights with respect to Content you create in Copy Cutters, Inc., to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification, to Copy Cutters, Inc. and to other users of Copy Cutters, Inc.. Users of the Service can create Content on Copy Cutters, Inc.'s servers in various forms. Copy Cutters, Inc. acknowledges and agrees that, subject to the terms and conditions of this Agreement, you will retain any and all applicable copyright and other intellectual property rights with respect to any Content you create using the Service, to the extent you have such rights under applicable law. Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the service, you automatically grant (and you represent and warrant that you have the right to grant) to Copy Cutters, Inc.: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Service as permitted by you through your interactions on the Service, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes in connection with the Service, provided that in the event that your Content appears publicly in material under the control of Copy Cutters, Inc., and you provide written notice to Copy Cutters, Inc. of your desire to discontinue the distribution of such Content in such material (with sufficient specificity to allow Copy Cutters, Inc., in its sole discretion, to identify the relevant Content and materials), Copy Cutters, Inc. will make commercially reasonable efforts to cease its distribution of such Content following the receipt of such notice, although Copy Cutters, Inc. cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice; (b) the perpetual and irrevocable right to delete any or all of your Content from Copy Cutters, Inc.'s servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Copy Cutters, Inc. may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the Service. Further, you agree to grant to Copy Cutters, Inc. a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive, sublicensable right and license to exercise the copyright, publicity, and database rights you have in your account information, including any data or other information generated by your account activity, in any media now known or not currently known, in accordance with our privacy policy as set forth below, including the incorporation by reference of terms posted at http://www.findurstylist.com/corporate/privacy.php. You also understand and agree that by submitting your Content to any area of the Service, you automatically grant (or you warrant that the owner of such Content has expressly granted) to Copy Cutters, Inc. and to all other users of the Service a non-exclusive, worldwide, fully paid-up, transferable, irrevocable, royalty-free and perpetual License, under any and all patent rights you may have or obtain with respect to your Content, to use your Content for all purposes within the Service. You further agree that you will not make any claims against Copy Cutters, Inc. or against other users of the Service based on any allegations that any activities by either of the foregoing within the Service infringe your (or anyone else's) patent rights. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and Copy Cutters, Inc. will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Service, including without limitation any legal consequences relating to your intellectual property rights; and (iii) Copy Cutters, Inc.'s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of Copy Cutters, Inc.'s intention not to require users of the Service to forego certain intellectual property rights with respect to Content they create using the Service, subject to the terms of this Agreement. 3.3 Copy Cutters, Inc. retains ownership of the account and related data, regardless of intellectual property rights you may have in content you create or otherwise own. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Copy Cutters, Inc. stores on Copy Cutters, Inc. servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Copy Cutters, Inc.. 3.4 Copy Cutters, Inc. licenses its ? During any period in which your Account is active and in good standing, Copy Cutters, Inc. gives you permission to create still and/or moving media, for use only within the virtual world environment of the Service ("in-world"), which use or include the "textures" and/or "environmental content" that are both (a) created or owned by Copy Cutters, Inc. and (b) displayed by Copy Cutters, Inc. in-world. CONDUCT BY USERS OF Copy Cutters, Inc. 4.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that Copy Cutters, Inc. deems harmful. You agree to read and comply with the Community Standards posted on the Websites, (for users 18 years of age and older, at http://www.findurstylist.com/corporate/cs.php; and for users of the Teen Area, at http://teen.www.findurstylist.com/footer/cs In addition to abiding at all times by the Community Standards, you agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (ii) impersonate any person or entity without their consent, including, but not limited to, a Copy Cutters, Inc. employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation; (iv) take any action or upload, post, e-mail or otherwise transmit Content as determined by Copy Cutters, Inc. at its sole discretion that is harmful, threatening, abusive, harassing, causes tort, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (v) take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Copy Cutters, Inc. considers in its sole discretion to be of such nature; (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) attempt to gain access to any other user's Account or password; or (x) "stalk", abuse or attempt to abuse, or otherwise harass another user. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Account. You agree that Copy Cutters, Inc. may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Service in its sole discretion, without notice to you. 4.2 You agree to use Copy Cutters, Inc. as provided, without unauthorized software or other means of access or use. You will not make unauthorized works from or conduct unauthorized distribution of the Software. Copy Cutters, Inc. has designed the Service to be experienced only as offered by Copy Cutters, Inc. at the Websites or partner websites. Copy Cutters, Inc. is not responsible for any aspect of the Service that is accessed or experienced using software or other means that are not provided by Copy Cutters, Inc.. You agree not to create or provide any server emulators or other software or other means that provide access to or use of the Servers without the express written authorization of Copy Cutters, Inc.. Notwithstanding the foregoing, you may use and create software that provides access to the Servers for substantially similar function (or subset thereof) as the Viewer; provided that such software is not used for and does not enable any violation of these Terms of Service. Copy Cutters, Inc. is not obligated to allow access to the Servers by any software that is not provided by Copy Cutters, Inc., and you agree to cease using, creating, distributing or providing any such software at the request of Copy Cutters, Inc.. You are prohibited from taking any action that imposes an unreasonable or disproportionately large load on Copy Cutters, Inc.'s infrastructure. You may not charge any third party for using the Software to access and/or use the Service, and you may not modify, adapt, reverse engineer (except as otherwise permitted by applicable law), decompile or attempt to discover the source code of the Software, or create any derivative works of the Software or the Service, or otherwise use the Software except as expressly provided in this Agreement. You may not copy or distribute any of the written materials associated with the Service. Notwithstanding the foregoing, you may copy the Viewer that Copy Cutters, Inc. provides to you, for backup purposes and may give copies of the Viewer to others free of charge. Further, you may use and modify the source code for the Viewer as permitted by any open source license agreement under which Copy Cutters, Inc. distributes such Viewer source code. 4.3 You will comply with the processes of the Digital Millennium Copyright Act regarding copyright infringement claims covered under such Act. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found within the world of Copy Cutters, Inc. can be identified and removed via Copy Cutters, Inc.'s DMCA compliance process listed at http://www.findurstylist.com/corporate/dmca.php, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. 4.4 Without a written license agreement, Copy Cutters, Inc. does not authorize you to make any use of its trademarks. You agree to review and adhere to the guidelines on using "Copy Cutters, Inc.," and Copy Cutters, Inc.'s other trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the "Copy Cutters, Inc. Marks") at http://www.findurstylist.com and its subpages, which may be updated from time to time. Except for the licenses expressly granted there or in a separate written agreement signed by you and Copy Cutters, Inc., Copy Cutters, Inc. reserves all right, title, and interest in the Copy Cutters, Inc. Marks and does not authorize you to display or use any Copy Cutters, Inc. Mark in any manner whatsoever. If you have a written license agreement with Copy Cutters, Inc. to use a Copy Cutters, Inc. Mark, your use shall comply strictly with that agreement's terms and conditions and use guidelines. RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION 5.1 You release Copy Cutters, Inc. from your claims relating to other users of Copy Cutters, Inc.. Copy Cutters, Inc. has the right but not the obligation to resolve disputes between users of Copy Cutters, Inc.. As a condition of access to the Service, you release Copy Cutters, Inc. (and Copy Cutters, Inc.'s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that: (a) Copy Cutters, Inc. will have the right but not the obligation to resolve disputes between users relating to the Service, and Copy Cutters, Inc.'s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent Copy Cutters, Inc. elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims; (c) Copy Cutters, Inc.'s resolution of such disputes will be final with respect to the virtual world of the Service but will have no bearing on any real-world legal disputes in which users of the Service may become involved; and (d) you hereby release Copy Cutters, Inc. (and Copy Cutters, Inc.'s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Copy Cutters, Inc.'s resolution of disputes relating to the Service. 5.2 Other service or product providers may form contractual relationships with you. Copy Cutters, Inc. is not a party to your relationship with such.. |
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