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Customer and Client Agreement

Customer Agreement

Please read this document carefully to avoid civil and/or criminal liability.

This site is owned and operated by Cheer Music Club, LLC ("CMC"). The following policies and conditions posted on www.cheermusicclub.com, contain the entire agreement ("Agreement") between you (the "Client") and CMC regarding all aspects of your use of the site, and its products and services. BY REGISTERING WITH THE SITE, CLIENT AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. If Client does not agree to the terms of this Agreement, Client should not register Client's account and should not use or access the site. These terms and conditions may be amended at any time by the posting of revisions on this site. This Agreement shall be governed by and interpreted under the laws of Pennsylvania, regardless of the Client's location.

Limitations on Use

Client acknowledges and agrees that the products delivered have limitations and restrictions on use. Client further acknowledges and agrees that mixes produced by CMC and delivered to Client are for cheer shows and performance events only, and cannot be used online, downloaded, distributed or broadcast. Any unauthorized use will subject the Client to civil and/or criminal liability under applicable laws. Client agrees to comply with all ASCAP, BMI and SESAC restrictions, and any applicable federal, state and local laws and regulations. Client further agrees to limit Client's participation to cheer shows and performances that comply with all ASCAP, BMI and SESAC restrictions.

Copyright Infringement

Client acknowledges that mixes produced by CMC may contain sounds protected by copyrights. Client also acknowledges that CMC is not responsible for obtaining permissions to sample and alter these sounds. Client agrees to obtain any permissions required for the proper use of these sounds as they are used in Client's mix. Failure to obtain permissions from the copyright owners of these sounds, prior to the use of Client's mix, will subject Client to civil and/or criminal liability under applicable laws. CMC considers Client's mix a 'work for hire'. Mixes that contain unlicensed copywritten sounds will be delivered via LegitMix. Furthermore, CMC will not use any copywritten sound recordings which are owned by, controlled by, and/or exclusively licensed to Sony Music.

Representations and Warranties

WWW.CHEERMUSICCLUB.COM IS PROVIDED TO CLIENT ON AN "AS IS" BASIS, AND NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY CMC, REGARDING THIS SITE OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH CLIENT'S USE OF THE SITE, PRODUCTS OR SERVICES. CMC EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO WWW.CHEERMUSICCLUB.COM, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer of Liability

Client assumes all responsibility and risk for the use of www.cheermusicclub.com. By accessing this site, Client specifically acknowledges that CMC is not liable for any loss or damage caused by or arising out of any use of this site or its products or services. CMC assumes no legal liability or responsibility for the accuracy, incompleteness or usefulness of any information found on this site. In no event shall CMC be liable for any special, indirect, direct, incidental, punitive or consequential damages or any damages whatsoever resulting from loss of use, data or profits whether in an action of contract, negligence, or other tortuous action arising out of or in connection with the use, inability to use or performance of www.cheermusicclub.com or its products, including without limitation use of or reliance on information available on www.cheermusicclub.com, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.