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Terms of Service

This page explains the terms by which you may use the software provided by or in connection with the work of the website clearcutimage.com and its functionality (the “Service,” “we,” or “us”). This Agreement applies to all users and others who access the Service (“you,” “User,” or collectively “Users”). Please read this agreement carefully to ensure that you understand each provision.

By accessing or using the Service, you agree to be bound by this Terms of Service (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy. By using the Service, the User expresses explicit and unambiguous consent to the collection, processing, storage, and transfer of personal data to the Service, since such collection, processing, storage, and transfer are necessary for the fulfillment by the Service of obligations to the User.

All rights, title, and interest in and to the Service, including our existing or future applications, our APIs, databases and other parts of the Service developed by our employees or contractors (but excluding User Content) are and will remain the exclusive property of Service and its licensors. Use of the name of the Service or any of the trademarks, logos, and other distinctive brand features of the Service is prohibited.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. The Service and its licensors reserve all rights not expressly granted herein and may terminate this license at any time for any reason or no reason, and may, in sole discretion, modify or update this Agreement from time to time, and you should review this page periodically.

Your continued use of the Service after any such change means your acceptance of the new Terms of Service. If you do not agree with the Terms of Service, do not use or access (or continue to access) the Service.

Terms of Use

You may use the Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. By using the Service, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason or for no reason.

You must be 13 years old or older, or 16 years old or older (“Permitted age”) if you reside in the European Economic Area (EEA) to use or access the Service unless you are under the Permitted age and your use of the Service is directly supervised by your parent or guardian or another authorized adult who agrees to be bound by this Agreement. Any use or access to the Service by anyone under the Permitted age who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.

By providing us with your email address you agree to receive notices from us, including any notices required by law. You may opt-out or change your preferences at any time in case you do not want to receive such email messages. Be aware that opting out may prevent you from receiving email messages regarding updates, improvements and bug fixes, or special offers.

The Service doesn’t sell access or subscription services to copyrighted works; own or operate servers that store access to copyrighted material; share or allow to be shared copyrighted material to the public; provide access to privately available media or media available on a paid basis. The Service allows Users to submit content or information (any such materials a User submits, uploads, downloads, displays, or otherwise made available by User on or via the Service - “User Content”). You represent and warrant that you have all the rights, power, and authority necessary to submit User Content on or via the Service, and such User Content will not infringe upon any other party’s rights. It is the User’s responsibility to make sure that the User has all the applicable rights or required permissions to upload the User Content.

It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, including, in the United States, the Digital Millennium Copyright Act (“DMCA”). Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed, we have designated an agent to receive notification of claimed copyright infringement. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit your claim please contact us. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer. To submit a good faith infringement claim, you must submit a notice to us that sets forth the following information:

  • A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
  • A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
  • 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 copyright owner.

Prohibited Use

You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the Service, including without limitation by any automated or non-automated “scraping”; (2) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service (3) transmitting spam, chain letters, or other unsolicited email; (4) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (5) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (6) uploading invalid data, viruses, worms, or other software agents through the Service; (7) using the Service for any commercial solicitation purposes; (8) interfering with the proper working of the Service; (9) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (10) bypassing the measures we may use to prevent or restrict access to the Service; (11) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of the Service; (12) framing or hotlinking to the Service or any content other than your own without the prior written consent of the Service.

Limitation of Liability and No Warranty

The Service and its content are provided on an “as is” and “as available” basis. The Service (and its affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Service or their content, and expressly disclaim any warranties or conditions (express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Service (and its affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Service. Your use of the Service (including any content) is entirely at your own risk.

Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. To the maximum extent permitted by applicable law, in no event shall the Service, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use the Service, including without limitation, your submission of User Content.

You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action. No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Indemnity

You agree to defend, indemnify and hold harmless the Service and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Service, including any data or content transmitted or received by you; (2) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (3) your violation of any third-party right, applicable law, rule, or regulation; (4) or any claim or damages that arise as a result of any of your User Content. The Service will not bare responsibility for any damages, claims, liabilities, losses, and other expenses, whether or not a lawsuit or other proceeding is filed, that arise out of the user’s breach of the Agreement.

By using the Service you understand and acknowledge that we do not have any control over nor are we responsible for any third-party content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or otherwise objectionable and/or may cause harm to your hardware, and, without limiting the other limitation of liability provisions herein, you agree to waive, and hereby do waive, any legal or equitable rights or remedies or claims you may have against us with respect thereto. We claim no ownership or control over third-party content. Third parties retain all rights to third-party content and therefore are responsible for protecting their rights as they deem necessary.

Miscellaneous

You may not assign or transfer this Agreement (or the rights and licenses granted under them). We may assign this Agreement (or the rights and licenses granted under them) to another company or person without restriction. Nothing in this Agreement confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under this Agreement terminate upon your death. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.