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- Agreement made on 04/01/2023 is a legal contract between you (either an individual or a single business entity, hereinafter referred to as “Artist”) and MateMedia, Inc., a New York corporation (hereinafter “DeathScream”)
By checking the “I agree” box below, you agree to be bound by the terms of this
Overview of Services
Artist desires to engage DeathScream, and DeathScream desires to be engaged by Artist, to provide the services described in this Agreement on the terms and conditions set forth herein in order to perform artist promotion and associated services for Artist as more particularly described in the specifications set forth in Schedule A hereto (“The Project”).
Artist shall provide DeathScream with all information and content required to perform the work detailed in this project at the start of the project, and shall cooperate with DeathScream throughout the project to provide further information and materials that may reasonably be required by DeathScream in order to start and complete the project.
Fees and Expenses
Artist shall pay DeathScream's fee of $39.95 (the "Fee") per month, recurring each month. This Agreement shall continue and renew automatically each month unless either party notifies the other of its intent to terminate this agreement by providing the other party written notice of termination.
Artist agrees that all change requests to this proposal must be in writing, and that change requests will incur additional fees not quoted in this proposal. In the event that Artist chooses not to enter into any change request, the “Fee” specified above shall nevertheless be due and payable in full.
Disclaimer of Warranties
Except as expressly set forth in this agreement, DeathScream hereby specifically disclaim any representations or warranties, express or implied, regarding the services, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance.
Limitation of Liability
DeathScream shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including, but not limited to any act of God, any acts of war, terrorism, earthquakes, floods, fires, epidemics, riots, or failures or delay in
transportation or communications. Under no circumstances shall DeathScream be liable to the other party or any third party for indirect, incidental, consequential, special or exemplary damages however arising, including negligence, arising from any provision of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of delay or failure of delivery, or liabilities to third parties arising from any source.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorneys fees, costs and expenses resulting from the indemnifying party's material breach of any duty, representation, or warranty under this Agreement.
This Agreement is not assignable, in whole or in part, by either party without the prior written consent of the other party. Any attempt to make such assignment shall be void.
All notices and other communications required or permitted under this Agreement shall be in writing and shall be by express mail or other overnight courier service with tracking, and shall be deemed to have been given when notice is received.
Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties, or any relation of employment.
Governing Law, Jurisdiction and Venue
The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties under this Agreement shall be governed by the internal laws of the State of New York, without regard to conflicts of law rules. The sole and exclusive forum for the determination of any dispute arising hereunder, including any proceedings to enforce a judgment, shall be the state and city courts located in the State of New York, County of New York, City of New York, and the parties consent to the exclusive jurisdiction and venue thereof. Service of process of any pleadings may be made by certified mail return receipt requested.
No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.
This Agreement contains the entire agreement between the parties with respect to its subject matter, and supersedes all prior oral or written commitments, understandings, or agreements with respect to the matters provided for herein. This Agreement shall not be amended, altered, or modified except by an instrument in writing duly executed by each of the parties hereto.
DeathScream and Artist have caused this agreement to be executed by its duly authorized representative as of the effective date. This agreement may be executed in counterparts, and by electronic means.
DeathScream agrees to provide artist promotion services to Artist as outlined in the document located at http://deathscream.net/get-featured/
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