Last Modified: April 5, 2019
Acceptance of the
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.
The CutCapture Service
Where Your Data Is Stored
Accessing the Website &
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.
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.
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.
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 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.
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.
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;
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
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.
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.
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.
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
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: firstname.lastname@example.org
Mail may be sent to:
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
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
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.
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
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.
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.
Governing Law & Jurisdiction
Limitation on Time
to File Claims
Waiver & Severability
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: email@example.com.