Terms of Use

Last Modified: April 5, 2019

 

Acceptance of the

Terms Of Use

 

These terms of use are entered into by and between you and CutCapture, LLC ("CutCapture", "We" or "Us"). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, the "Terms of Use"), apply to your access to and use of the website https://www.cutcapture.com (the “Website”) and the CutCapture mobile application (“Application”), including any content, functionality, and services offered on or through the Website and Application.

 

Please read the terms of use carefully before you start to use the website and application.  By using the website and application, you accept and agree to be bound and abide by these terms of use. If you do not want to agree to these terms of use, you must not access or use the website or application.

 

The Website and Application is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  By using the Website or Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Application.

 

Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Website and Application thereafter.  Your continued use of the Website or Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website or Application so you are aware of any changes, as they are binding on you.

 

The CutCapture Service

 

Subject to the Terms of Use, We agree to provide you with the CutCapture Service (the “Service”).  The Service includes all the CutCapture products, features, applications, services, technologies, and software that we provide to advance the CutCapture mission: To supply people with a tool that records 360 degree images capturing hair, facial and other physical features (“Captures”) with note-taking ability (collectively, the “Data”) that enables every haircut to be remembered, shared and replicated.

 

Where Your Data Is Stored

 

As of the date of these Terms of Use, the Data you record using the Application on your mobile device is stored on your mobile device and on any backup application you choose to use with your mobile device. The Data is not stored on any computer or device to which we have access.  If we modify the Application in a way that causes the Data recorded with the Application to be stored or accessed somewhere other than on your device and backup applications, We agree to revise and update these Terms of Use.

Any Data, including Captures, that you post, submit, publish, display, transmit or otherwise share (“Post”) on the public areas of the Website, or transmitted to other users of the Website or Application, or third parties, is subject to the User Contributions section of these Terms of Use and to Our Privacy Policy.

 

Accessing the Website &

Account Security

 

We reserve the right to withdraw or amend the Website or Application, and any service or material We provide on or through the Website or Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Application is unavailable at any time or for any period.  From time to time, We may restrict access to some parts of the Website or Application, or the entire Website or Application, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and Application, and ensuring that all persons who access either the Website or Application through your Internet connection are aware of these Terms of Use and comply with them.

 

To access the Website or Application, or the resources that the Website or Application offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website and Application that all the information you provide on the Website and Application is correct, current, and complete. You agree all information you provide to register with the Website or Application or otherwise, including but not limited to through the use of any interactive features on the Website and Application, is governed by our Privacy Policy, and you consent to all actions We take with respect to your information consistent with our Privacy Policy.

 

If you are provided with an option to create an account on the Website with a user name, password or any other piece of information as part of our security procedures (collectively, “Login Information”), and choose to do so, you must treat your Login Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Website account is personal to you and agree not to provide any other person with access to the Website or portions of it using your Login Information.  You agree to notify us immediately of any unauthorized access to or use of your Login Information, or any other concern you have about the security of your Website account. You also agree to ensure that you exit or log off from your Website account at the end of each session. You should use particular caution when accessing your Website account from a public or shared computer so that others are not able to view or record Login Information or other personal information. We have the right to disable any Login Information or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

 

The Website and Application and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the Website and Application) are owned by CutCapture, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or Application, except as follows:

 

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

 

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use, and not for further reproduction, publication, or distribution.

 

  • If We provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided you agree to be bound by an End User License Agreement for such applications.

 

  • When We provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not:

 

  • Modify copies of any materials from this site.

 

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

 

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or Application or any services or materials available through the Website or Application.  If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Application in violation of the Terms of Use, your right to use the Website and Application will cease immediately and you must, at our option, return or destroy any copies of materials you have made.  No right, title, or interest in or to the Website or Application or any content on the Website or Application is transferred to you, and all rights not expressly granted are reserved by CutCapture. Any use of the Website and Application not expressly permitted by these Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

 

The CutCapture name, CutCapture logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CutCapture or its affiliates or licensors.  You must not use such marks without the prior written permission of CutCapture. All other names, logos, product and service names, designs, and slogans on the Website and Application are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Website and Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Application:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

 

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

 

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter”, or "spam" or any other similar solicitation.

 

  • To impersonate or attempt to impersonate CutCapture, a CutCapture employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

 

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Application, or which, as determined by us, may harm CutCapture or users of the Website or Application or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website or Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Application, including their ability to engage in real time activities through the Website or Application.

 

  • Use any robot, spider, or other automatic device, process or means to access the Website or Application for any purpose, including monitoring or copying any of the material on the Website or Application.

 

  • Use any manual process to monitor or copy any of the material on the Website or Application or for any other unauthorized purpose without our prior written consent.

 

  • Use any device, software, or routine that interferes with the proper working of the Website or Application.

 

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Application, the server on which the Website or Application is stored, or any server, computer, or database connected to the Website or Application.

 

  • Attack the Website or Application via a denial-of-service attack or a distributed denial-of-service attack.

 

  • Otherwise attempt to interfere with the proper working of the Website or Application.

 

User Contributions

 

The Website may contain message boards, personal web pages or profiles, other interactive features (collectively, “Interactive Services”) that allow users to Post content or materials for access or viewing by other users or other persons on or through the Website (collectively, “User Contributions”).  All User Contributions that you Post to the Website must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

 

  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CutCapture, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring & Enforcement;

Termination

 

We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

 

  • Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such Contribution violates the Terms of Use, including but not limited to the Content Standards, or infringes any intellectual property right or other right of any person, or threatens the personal safety of users of the Website or Application or the public, or could create liability for CutCapture.

 

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

 

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Application. You waive and hold harmless CutCapture and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either CutCapture or law enforcement authorities.

 

However, We cannot undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

 

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, color, sex, sexual orientation, religion, nationality, disability, or age.

 

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or other rights of any other person.

 

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

 

  • Be likely to deceive any person.

 

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

 

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

 

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

 

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

 

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Notice & Procedure For

Making Claims of

Copyright Infringement

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.  In accordance with the Digital Millennium Copyright Act (DMCA), CutCapture has designated an agent to receive notice of unauthorized online use of copyrighted materials.  If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.

 

E-mail may be sent to: legal@cutcapture.com

 

Mail may be sent to:

 

CutCapture, LLC

DMCA Agent

2307 Arnold Palmer Blvd.

Louisville, KY 40245

 

Please notify us in writing and include all of the following:

 

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CutCapture to locate the material.

 

  • Information reasonably sufficient to permit CutCapture to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Reliance on Information

Posted to Website

 

The information presented on or through the Website or Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

To the extent that the Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services, all statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CutCapture, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of CutCapture. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

& Application

 

We may update the content on the Website and Application from time to time, but their content is not necessarily completely up-to-date. Any of the material on the Website or Application may be out of date at any given time, and We are under no obligation to update such material.

 

Additional Terms & Conditions

 

Additional terms and conditions may also apply to specific portions, services, or features of the Website and Application, including where applicable, a CutCapture End User License Agreement.  All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Privacy Policy

 

All information We collect on the Website and Application is subject to our Privacy Policy.  By using the Website and Application, you acknowledge that you have reviewed our Privacy Policy.  

 

Linking to the Website &

Social Media Features

 

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  

 

The Website may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on the Website.

 

  • Send e-mails or other communications with certain content, or links to certain content, on the Website or Application.

 

  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features.  

 

Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.

 

  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking.

 

  • Link to any part of the Website other than the homepage.
     

  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links From the Website

or Application

 

If the Website or Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to the Website or Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
 

Geographic Restrictions

 

The owner of the Website and Application is based in the state of Kentucky in the United States. We provide the Website and Application and Application for use only by persons located in the United States. We make no claims that the Website or any of their content is accessible or appropriate outside of the United States. Access to the Website or Application may not be legal by certain persons or in certain countries. If you access the Website or Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer Of Warranties

 

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or application or any services or items obtained through the website or application or to your downloading of any material posted on it, or on any website or application linked to it.

 

Your use of the website and application, its content and any services or items obtained through the website and application is at your own risk. The website and application, their content and any services or items obtained through the website and application are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.  Neither CutCapture nor any person associated with CutCapture makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website and application. Without limiting the foregoing, neither CutCapture nor anyone associated with CutCapture represents or warrants that the website and application, their content or any services or items obtained through the website and application will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website and application or any services or items obtained through the website and application will otherwise meet your needs or expectations.

 

CutCapture hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.  The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

Limitation on Liability

 

In no event will CutCapture, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our website and application, any websites linked to our website or application, any content on the website and application or such other websites or any services or items obtained through the website or application or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless CutCapture, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Application, including, but not limited to, your User Contributions, any use of the Website’s or Application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or Application.

 

Governing Law & Jurisdiction

 

All matters relating to the Website and Application and these Terms of Use and any dispute or claim arising from or related to the Website or Application (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Application shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Kentucky.  You hereby consent to the exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Kentucky for the resolution of all disputes arising out of or relating to the use of this Application and the associated services.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration
 

At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website or Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kentucky law.

 

Limitation on Time

to File Claims

 

Any cause of action or claim you may have arising out of or relating to these terms of use or the website or application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

Waiver & Severability

 

No waiver of or by CutCapture of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CutCapture to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

These Terms of Use constitute the sole and entire agreement between you and CutCapture with respect to the Website and Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Application.

Your Comments and Concerns

 

This website is operated by CutCapture, LLC.  All notices of copyright infringement claims should be sent to the copyright agent designated in the Notice and Procedure for Making Claims of Copyright Infringement section, above.  All other feedback, comments, requests for technical support, and other communications relating to the Website or Application should be directed to: legal@cutcapture.com.

 

61760562.4

© 2019 by CutCapture, Inc.

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