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Terms and Conditions of Use
Terms & Conditions:
Cut & Paste LLC is proud to bring you www.cutandpaste.com (“cutandpaste.com”, “our”, “us” or “we”). The services offered by cutandpaste.com include the cutandpaste.com website and related webpages (the “Website”) and any other features, content, or applications offered by cutandpaste.com in connection with the Website (collectively, the “Services”). The Website and Services are hosted in the United States.

The following terms constitute an agreement between you (“you” or “your”), the user of the Services, and Cut & Paste LLC (“Cut&Paste”), the operator of the Website and Services. This Terms & Conditions Agreement (“Agreement”) governs your use of the Services. By using the Services, you agree to be legally bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with cutandpaste.com) (collectively with Visitor, a "User"). Any use the Services (including viewing of the Website) is subject to all applicable laws and this Agreement. If you do not agree with this Agreement, you should leave the Website, immediately, and discontinue use of the Services.

This Agreement includes terms and conditions for acceptable use of the Services and Content posted on the Website. In order to participate in certain Services, you may be required to download software or content and/or agree to additional terms and conditions, if any and as applicable. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Cut&Paste may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any modifications to this Agreement when you use the Website or Services. It is important that you review this Agreement regularly to ensure you are up to date as to any changes.

Please choose carefully the information you post on the Website and that you provide to other Users. Your cutandpaste.com profile may not include the following items: any photographs, drawings, or images containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, prurient or otherwise objectionable subject matter. Despite this restriction, information provided by other Members (for instance, in their respective profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services. Cut&Paste assumes no responsibility or liability, whatsoever, for this material. If you become aware of any misuse of the Services by any person, please contact Cut&Paste or click on the “Report Inappropriate Content” link at the bottom of any cutandpaste.com page or at violations@cutandpaste.com.

Cut&Paste reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Website or Services at any time, for any or no reason, with or without prior notice, without liability for any and no reason. 

   1. Eligibility. By viewing the Website, you represent and warrant that (a) you will use the Website in accordance this Agreement in all respects and (b) your use of the Website does not violate any applicable local laws or regulations. By using the Services or creating a Membership profile, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable local laws or regulations. Use of and Membership in the Services, as applicable, is void where prohibited.
   2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time. Cutandpaste.com may terminate your Membership at any time, for any or no reason, with or without prior notice, without liability for any and no reason. This Agreement will remain in effect, including Sections 5 through 17, after termination of your Membership.
   3. Fees. Even though, currently, the use of the Services is free of charge, you acknowledge that cutandpaste.com reserves the right to charge for the Services (including access to the Website) and to change its fees from time to time in its sole discretion. If cutandpaste.com terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any portion of subscription fees or any compensation.
   4. Password. When you register with the Website or establish a Membership profile, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify cutandpaste.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for all use of your account.
   5. Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors (including but not limited to barters, solicitation for donations, pyramid sales schemes) except those that are specifically endorsed or approved in writing by Cut&Paste. Commercial advertisements, affiliate links, and other forms of solicitation (regardless of whether you receive compensation for such) may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
   6. Proprietary Rights in Content on cutandpaste.com. (a)  Cutandpaste.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Website or Services. After posting your Content to the Website or Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing or posting any Content on or through the Services, you hereby grant to Cut&Paste a perpetual, non-exclusive, limited, fully paid, royalty free, sublicensable and worldwide license to use, modify, publicly perform, publicly display, commercially benefit, reproduce, distribute and prepare derivative works of such Content solely on and through the Services. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to cutandpaste.com), fully-paid and royalty-free (meaning that we are not required to pay you for the use, display and reproduction of the Content on the Website or the Services), sublicensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks and computer server hosts to provide the Services) and worldwide (because the Internet, cutandpaste.com and Services are global in reach).
         1. You represent and warrant that: (i) you are the sole designer, creator, and owner of the Content, including all visual and auditory components, or have permission or license to use copyrighted components, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, trademarks, servicemarks, contract rights or any other rights of any person or entity. You agree to be responsible for securing all rights to post such Content and to pay for all royalties, fees, and any other monies owing any person because of any Content posted by you to or through the Services.
         2. The Website and Services contain Content of Cut&Paste (“Cut&Paste Content”). Cut&Paste Content is protected by copyright, trademark, patent, trade secret and other laws, as applicable, and Cut&Paste owns and retains all rights in the Cut&Paste Content, Website and Services, including but not limited to the Cut&Paste trademark. Cut&Paste hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Cut&Paste Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
         3. The Services contain Content of Users and other cutandpaste.com licensors. Except for Content posted by you, you may not copy, modify, use, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Website or through the Services.
   7. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Cut&Paste to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Cut&Paste by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, please contact our Copyright Administration Agent if you believe that your work has been copied and posted on the Website or Services in a way that constitutes copyright infringement. Please provide the Copyright Agent with the following information:
          * an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
          * a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website or Services;
          * your address, telephone number, and email address;
          * a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
          * the written statement by you must contain the following language, “This statements contained herein are made under penalty of perjury, and the above information in this notice are true and accurate and that I am or we are the copyright owner(s) or authorized to act on the copyright owner’s behalf.”

      Cut&Paste’s Copyright Administration Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Cut & Paste LLC, 111 E. 14th Street, #128, New York, NY 10003; Attn: Copyright Administration Agent; and email: violations@cutandpaste.com.
   8. The Cut&Paste Trademark and Copyrights.
         1. The Cut&Paste trademark is the sole and exclusive property of Cut & Paste LLC and is strictly enforced in the United States and in other countries. Through Cut&Paste’s extensive and continuous use and promotion of the Cut&Paste trademark, the mark is recognized throughout the world, and its related intellectual property has acquired substantial good will, value and acclaim. All other trademarks found within the Website and Services are the property of their respective owners. As such, no trademark (including the Cut&Paste trademark) may be reproduced in any form whatsoever without first obtaining the prior written permission of Cut&Paste or any other trademark holder.
         2. Copyrighted material may not be incorporated in any other work or publication, whether in hard copy or electronic form, and the use or publication of any material found on the Website is strictly prohibited (other than as necessary for the purpose of viewing the site in the course of business or for educational purposes). The copyrighted materials found within the Website are the property of their respective owners. As such, no part of this site or of any material on it may be reproduced in any form whatsoever without first obtaining the prior written permission of Cut&Paste or any other copyright holder.
   9. Content Posted.
         1. Cutandpaste.com reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.  Cut&Paste nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting any such Content.
         2. Cut&Paste does not endorse and has no control over the Content. Content is not necessarily reviewed by Cut&Paste prior to posting and does not necessarily reflect the opinions or policies of Cut&Paste. Cut&Paste makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you view on the Website or that you transmit to other Members.
  10. Content/Activity Prohibited. Cut&Paste reserves the right to investigate and take appropriate legal action against anyone who, in Cut&Paste’s sole discretion, violates this Agreement, including without limitation, removing the offending or prohibited communication and Content from the Website and Services and terminating the Membership of such violators. Prohibited Content or activity includes, but is not limited to any Content or activity that, Cut&Paste, in its sole discretion, finds:
         1. is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or thing;
         2. harasses or advocates harassment of another person;
         3. contains nudity, violence, prurient or offensive subject matter or contains a link to an adult website;
         4. solicits personal information from anyone under 18;
         5. provides any telephone numbers, street addresses, last names, URLs or email addresses
         6. promotes information that you know is false or misleading or promotes illegal activities or conduct;
         7. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
         8. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
         9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
        10. covers or obscures the banner advertisements on your personal profile page, or any cutandpaste.com page via HTML/CSS or any other means;
        11. uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
        12. interferes with, disrupts, or creates an undue burden on the Services or the networks or services connected to the Services;
        13. “frames” or “mirrors” any part of the Website or Service;
        14. uses meta tags or code or other devices containing any reference to cutandpaste.com or the Website or Service in order to direct any person to any other web site for any purpose;
        15. modifies, adapts, sublicenses, translates, sells, reverse engineers, deciphers, decompiles or otherwise disassembles any portion of the Website or Services or any software used on the Website or for the Services or cause others to do so;
        16. attempts to impersonate another Member or person;
        17. uses the account, username, or password of another Member at any time or discloses your password to any third party or permits any third party to access your account;
        18. sells or otherwise transfers your Membership profile;
        19. contains any libelous or slanderous matter;
        20. uses the Services in a manner inconsistent with this Terms & Conditions or any and all applicable laws and regulations.

      Cut&Paste reserves the right to investigate and take appropriate legal action against anyone who, in Cut&Paste’s sole discretion, violates this Agreement including without limitation, reporting you to law enforcement authorities.
  11. Member Disputes. You are solely responsible for your interactions with other Cut&Paste Members. Cut&Paste reserves the right, but has no obligation, to monitor disputes between you and other Members.
  12. Privacy. The Privacy Policy, which is incorporated into this Agreement by this reference, further governs the use of the Website and Services. You can review our Privacy Policy found [insert the URL and hyper-link].
  13. Disclaimers.
         1.

            Cut&Paste is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by Users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Cut&Paste is not responsible for the conduct, whether online or offline, of any User of the Website or Member of the Service. Cut&Paste is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Cut&Paste. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Cut&Paste. Cut&Paste assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Cut&Paste is not responsible for any problems or technical malfunction of any telephone or data or fiber optic network lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Website or Service. Cut&Paste takes no responsibility for third party advertisements that are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Under no circumstances will Cut&Paste or any of its affiliates or subsidiaries, and their respective, advertisers, agents, contractors, directors, employees, members, officers, promoters, distribution partners or shareholders be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or Services, any Content posted on the Website or transmitted, attendance at any event produced by Cut&Paste or sponsored by Cut&Paste, or any interactions between Users of the Website, whether online or offline.

            The Website and the Service are provided “AS-IS” and Cut&Paste expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Cut&Paste cannot guarantee and does not promise any specific results from use of the Website and/or the Services, whether intended or not.
         2. In addition to the preceding paragraph and other provisions of this Agreement, any advice or information that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Cut&Paste makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Services.
  14. Limitation on Liability.

      IN NO EVENT WILL CUT&PASTE OR ITS affiliates, agents, contractors, employees, members, officers or promoters BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF CUT&PASTE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUT&PASTE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CUT&PASTE FOR USE OF THE WEBSITE OR THE SERVICES DURING THE TERM OF MEMBERSHIP. IN NO CASE WILL CUT&PASTE’S LIABILITY TO YOU EXCEED $1,000.00 USD. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID CUT&PASTE FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CUT&PASTE, REGARDLESS OF THE CAUSE OF ACTION.

      CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  15. U.S. Export Controls. Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  16. Disputes. Any and all controversies or claims arising out of or related to your use of the Website or Services and the interpretation of this Agreement or the breach thereof shall be governed by the laws State of New York (without reference to principles of conflicts of laws). You agree to exclusive personal jurisdiction and venue in the state courts of the United States of America in the State of New York and the United States District Court for the Southern District of New York. Either Cut&Paste or you may demand and the other party shall agree that any dispute between Cut&Paste and you about or involving the Website or Services be resolved by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures (Streamlined Arbitration Rules and Procedures) of JAMS in New York County under the Laws of New York, or another location mutually agreed upon by the parties, conducted by a single arbitrator mutually agreed to by the parties. If the parties shall disagree on a single arbitrator, then the parties shall submit the dispute to an arbitrator selected by JAMS. The arbitrator shall not have authority to award punitive damages. All expedited procedures available shall apply. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The foregoing shall not prevent Cut&Paste from seeking injunctive relief in a court of competent jurisdiction.
  17. Indemnity. You agree to indemnify and hold Cut&Paste, its subsidiaries, and affiliates, and their respective agents, directors, employees, members, officers, partners, advertisers and shareholders, harmless from any loss, liability, damages, claim, or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, relating to or arising out of (a) your use of the Website or Services in violation of this Agreement, (b) arising from a breach of this Agreement, (c) any breach of your representations and warranties set forth herein, (d) any Content that you post on the Website or through the Services that causes Cut&Paste to be liable to another party.
  18. No Third Party Beneficiaries. Each party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or entity other than the parties hereto.
  19. Severability. If any term, provision of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void or unenforceable, the remainder of the terms, provisions, agreements, covenants and restrictions of this Agreement shall remain in full force and effect.
  20. Titles and Headings for Convenience. The titles and headings in this Agreement are for reference purposes only, and shall not in any way affect the meaning or interpretation of this agreement.
  21. Other. This Agreement is accepted upon your use of the Website or the Services and is further affirmed by you becoming a Member. This Agreement, including the other documents referred to herein (including the Privacy Policy) which form a part hereof, constitutes the entire agreement of the parties hereto with respect to the subject matter hereof. The failure of Cut&Paste to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law.

Please contact us at: feedback@cutandpaste.com with any questions regarding this Agreement.

* * * *
Adobe® Photoshop® “See What’s Possible” Challenge

The following terms (“Contest Terms and Conditions”) constitute additional terms and conditions that govern the User’s use of the Website, including the viewing of the Adobe® Photoshop® “See What’s Possible” Challenge website (the “Contest”), posting of comments, voting and submission of content for consideration in the Contest. By viewing the Contest webpages, posting comments, voting and submission of content for consideration in the Contest you agree to be bound by the Contest Terms and Conditions, the Cut&Paste Terms & Conditions and Privacy Policy.

These Contest Terms and Conditions shall be read in conjunction with the Cut&Paste Terms & Conditions and Privacy Policy. If there should be any inconsistency or ambiguity then the Contest Terms and Conditions shall prevail.
Definitions

“Adobe” shall mean Adobe Systems Incorporated, a Delaware corporation.

“Contestant” shall mean any person, group of persons or entity that submits an entry to the Contest. “Contestant” shall also be deemed a User. The pronouns “you” and “your” shall refer to a Contestant.

Copyright Ownership.

   1. By submitting an entry by a sole creator to a category, Contestant warrants that Contestant is the sole designer, creator, and owner of the artwork, including all visual and auditory components, or has permission to use copyrighted components, and further warrants that the artwork does not contain information considered by Contestant's place of business or any other third party to be confidential. By submitting an entry by a group of creators, the Contestants warrant that they jointly designed, created, and own the visual and auditory artwork or have permission to use copyrighted components, and further warrant that the artwork does not contain information considered by Contestants’ place of business or any other third party to be confidential.
   2. Further, Contestant represents and warrants that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, trademarks, servicemarks, contract rights or any other rights of any person or entity. You agree to be responsible for securing all rights to post such Content and to pay for all royalties, fees, and any other monies owing any person because of any Content posted by you to or through the Services.
   3. By displaying or publishing or posting any Content on or through the Services, Contestant hereby grants to Cut&Paste and Adobe a perpetual, non-exclusive, limited, fully paid, royalty free, sublicensable and worldwide license to use, modify, publicly perform, publicly display, commercially benefit, reproduce, distribute and prepare derivative works of such Content. Contestant further agrees to execute and deliver any further legal instruments and perform any acts which are or may become reasonably necessary to effectuate this license.
   4. The Website and Services contain Cut&Paste Content and Adobe Content. Cut&Paste Content and Adobe Content are protected by copyright, trademark, patent, trade secret and other laws, as applicable, and Cut&Paste and Adobe, respectively, owns and retains all rights in the respective Content, Website and Services, including but not limited to the Cut&Paste and Adobe trademarks.
   5. Adobe hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Adobe trademark and the Photoshop® See What’s Possible logo solely for purposes of entry and submission to the Contest.
   6. The Services and Contest website contain Content of Adobe, Users and other cutandpaste.com licensors. Except for Content posted by you, you may not copy, modify, use, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on the Website or through the Services.
   7. Each Contestant further agrees to execute any and all documents necessary to effectuate such license.
   8. Each Contestant agrees that by submitting an entry, he or she allows Cut&Paste and Adobe to use his or her personal data, name, likeness, and/or voice in publicity or advertising relating to the Contest without compensation.

Limitation on Liability. IN NO EVENT WILL CUT&PASTE AND ADOBE OR THEIR RESPECTIVE affiliates, agents, contractors, employees, members, officers or promoters BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES (INCLUDING THE CONTEST WEBSITE), ANY PLATFORM APPLICATIONS OR ANY OF WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF CUT&PASTE OR ADOBE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUT&PASTE’S AND ADOBE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CUT&PASTE OR ADOBE FOR USE OF THE WEBSITE OR THE SERVICES DURING THE TERM OF MEMBERSHIP. IN NO CASE WILL CUT&PASTE’S AND ADOBE’S COLLECTIVE LIABILITY TO YOU EXCEED $1,000.00 USD. YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID CUT&PASTE OR ADOBE FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CUT&PASTE OR ADOBE, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Disputes. Any and all controversies or claims arising out of or related to your use of the Website or Services and the interpretation of this Agreement or the breach thereof shall be governed by the laws State of New York (without reference to principles of conflicts of laws). You agree to exclusive personal jurisdiction and venue in the state courts of the United States of America in the State of New York and the United States District Court for the Southern District of New York. Either Cut&Paste or Adobe or you may demand and the other party shall agree that any dispute between Cut&Paste or Adobe and you about or involving the Website or Services be resolved by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures (Streamlined Arbitration Rules and Procedures) of JAMS in New York County under the Laws of New York, or another location mutually agreed upon by the parties, conducted by a single arbitrator mutually agreed to by the parties. If the parties shall disagree on a single arbitrator, then the parties shall submit the dispute to an arbitrator selected by JAMS. The arbitrator shall not have authority to award punitive damages. All expedited procedures available shall apply. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and shall share equally in the fees and expenses of the arbitrator. The foregoing shall not prevent Cut&Paste or Adobe from seeking injunctive relief in a court of competent jurisdiction.

Indemnity. You agree to indemnify and hold Cut&Paste and Adobe, their respective subsidiaries, and affiliates, and their respective agents, directors, employees, members, officers, partners, advertisers and shareholders, harmless from any loss, liability, damages, claim, or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, relating to or arising out of (a) your submission of any Content to the Contest website, (b) your use of the Website or Services in violation of this Agreement, (c) arising from a breach of this Agreement, (d) any breach of your representations and warranties set forth herein, (e) any Content that you post on the Website or through the Services that causes Cut&Paste or Adobe to be liable to another party.

Adobe trademarks. Adobe® Photoshop®, Flash®, and/or After Effects® are the respective registered trademarks of Adobe.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Accept Terms & Conditions of Use
“See What's Possible” Challenge
