Welcome to Freshcut Services and to our community! Please read the terms below before continuing. All terms of service and community guidelines apply to (1) web, mobile users, and anyone who interacts with FreshCut services in any way and (2) whether you are a logged in or logged out user. Please pay special attention to user requirements and community guidelines. Our mission is to provide the best place for gaming clips and to foster a safe, positive, and healthy community.
We need your help to get there so please treat everyone within the community with respect.
We agree to provide you with the Service. The Service includes all of the FreshCut products, features, applications, services, technologies, and software that we provide. In an effort to address user feedback and to deliver on our mission - we will often make changes and deliver updates to our products and services during development. These updates may contain errors and bugs.
3. User Requirements
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the FreshCut community:
- You must be at least 13 years old.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related to our Service if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender.
You represent and warrant that your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them
4. Community guidelines and prohibited use
Our mission is to provide the best place for gaming clips and to foster a safe, positive, and healthy community. To get there, we must respect each other, be kind to each other, and we must abide by the following guidelines.
- You must not engage in any activity that may endanger your safety or anyone else's.
- Violence in any form, safety, threats, self-harm, extremism, terrorism and any other behaviors that impact safety of viewers, creators, and community members are prohibited.
- Any posts, regardless of format (video or text) and/or any comments that glorify, promote, encourage, incite, or exhibit violence are not okay and have no place in FreshCut community.
- In some cases we will take action based on reports on off-service conduct. These may be severe offenses incurred by a member of the community outside FreshCut services. Examples are harmful or illegal conduct in real life, on other platforms (ex. Twitch or Twitter), or any other domain other than FreshCut.
- You must not attempt to impersonate another user or person or use the username of another user. You must be the owner of the account with which you authenticated and you must be of the permissible age allowed as stated in the FreshCut Terms of Service.
- You must not engage in defamatory or libelous conduct towards any other person. We do not tolerate hateful conduct, prejudice, discrimination, harassment or violence.
- Content that you post must be appropriate (ex. no nudity, no violence, no obscene conduct, no sexually explicit content, no drugs).
- Your conduct within the app must also be appropriate (ex. no hateful conduct in comments, no username that would violate these guidelines).
- Referencing other creator content must include platform and creator credits in content post and/or description.
- We require that all users respect all local, national, and international applicable laws while using our services.
- You cannot do anything unlawful, misleading, or fraudulent. This applies all your behavior on the platform and relative to all users in the community.
- You own the rights or have relevant permissions or clearances to the content that you post. Content owners please report any believed rights violations to firstname.lastname@example.org.
Other Prohibited Conduct:
- We do not allow sharing of people’s personal information, either your own or other users
- You may not solicit diamonds, comments, or likes on OTHER user’s posts (e.g. soliciting for diamonds or followers in the comment’s section of someone else).
- You must not use an emulator, automated scripts or third party software, including botting, automated comments, messaging, data robots, and and all other data gathering, data extraction, and task automation tools. Behaviors that attempt to abuse the platform for any purpose, lead to cheating or scams, compromise security of the platform or of anyone in the community are prohibited.
- You must not engage in spam, soliciting, information gathering, or linking third party websites and services throughout the app.
5. Act on report
- We act based on report and will resolve disputes to the best of our ability and within our ToS. Please let us know of any complaints or issues via email@example.com or via in-product reporting mechanisms
- If there is a piece of content that is offensive and or violates our ToS and community guidelines - please let us know right away via firstname.lastname@example.org. We will investigate and take action, pending investigation.
- We encourage everyone in the community to report anything that violates our guidelines. We investigate every report as best as we can and take action where appropriate. All actions, including bans, are final.
- For the avoidance of doubt, Company will not be liable for any unauthorized use of Content by any User. You acknowledge and agree that your submission of Content to the Platform does not create any new, or alter any existing, relationship between you and Company.
6. FreshCut economy, app-related purchases, including Diamond in-app purchases and web-store
The Service may offer in-app purchases through the Apple App Store, Google Play or through the website authorized by the Service. You might be charged a sales tax during the purchase, depending on your location. You acknowledge that you have the right to use the selected payment method.
FreshCut virtual currency, also known as FreshCut Diamonds, enables creators to support each other and/or purchase auxiliary experiences. Using FreshCut virtual currency for anything else other than on-platform transactions is prohibited. Only those over the age of 18 can engage in real money transactions.
Diamonds are digital content that can only be purchased from FreshCut. The goal of Diamonds is to introduce positive behaviors to the FreshCut ecosystem and to strengthen bonds between communities, fans, and creators
You acknowledge that FreshCut virtual currency is non-refundable, except as required by law.
You acknowledge that Freshcut virtual currency can change anytime, including changes to value, denominations and or other changes.
You may claim refunds directly with the applicable app stores or with our customer support team if diamonds are purchased on the website. If you transact with the App store - the payment relationship is between you and the App store.
You may acquire diamonds via the app or you may receive diamonds from other creators or users in the app. You may spend these diamonds on supporting other creators or on items that is available in the web-store.
Web-store may contain items from 3rd party sites and involve 3rd party services, these might be in-game items from other games, virtual currency, or other rewards:
- Company will make best faith effort to facilitate transactions between users and these 3rd party services. You acknowledge that Company will not be held responsible for any and all transactions outside the FreshCut ecosystem.
- Some items might be out of stock at times. We will do our best to restock as fast as we can. You acknowledge potential delays.
- Some items might be region specific or platform specific. You acknowledge item limitations when you chose to redeem diamonds.
If you choose to transact in the web-store - you acknowledge that all transactions are final and non-refundable.
7. Permissions Granted
As part of our agreement, you also give us permissions that we need to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
You give us permission to show your username, profile picture, and information about your actions or relationships next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on FreshCut, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on FreshCut. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
- You agree that we can download and install updates to the Service on your device.
8. Additional Right We Retain
If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks as expressly permitted with our prior written permission.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
9. Account termination
You have a right to terminate your Account at any time by canceling and discontinuing your access to and use of the Apps.We may terminate or suspend all or part of your access to the Apps for violating our Terms of Service. You will not receive any refunds if you cancel your Account, or if these Terms are otherwise terminated.
10. Reporting Copyright Infringement
If you believe any FreshCut content violates your copyright, you may request removal of those materials (or access to them) from our Service by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Phil Nicolosi Law, P.C.
7210 E. State Street, Suite 208
Rockford, Illinois 61108
Attn: Philip A. Nicolosi
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on our Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy to terminate the accounts of repeat infringers.
11. Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the Service if we believe that it violates these Terms, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.
Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and section 8 below, will still apply even after your account is terminated or deleted.
12. UGC Disclaimer
Company is not obligated to screen, approve, edit UGC uploads. Company may at any time and without notice and without obligation to the user remove, edit, block, or suspend of any UGC content that violates our Terms of Service.
Users understand that by using the service they may see content from variety of sources and understand that this content may be offensive. User agrees to wave all rights regarding UGC.
Company will act on report (as noted in section 5) and investigate and at times take down content reported by the user.
13. General Terms
If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you.
You agree to hold harmless the Company, parent, shareholders, its directors, officers, employees, consultants, affiliates. We make no representation that the content on our Platforms is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to our Platforms may not be legal by certain persons or in certain countries.
This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Limitations on Liability; Indemnification
Our Service is provided “as is,” and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or FreshCut must be resolved by arbitration on an individual basis pursuant to the Federal Arbitration Act. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other FreshCut users.
We specifically agree that class action lawsuits and class-wide arbitrations are not allowed under the terms of the agreement. To the extent permitted by law, user and company, agree that neither of us will assert a claim against the other as a class action, class arbitration, or in any other similar representative capacity.
If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your FreshCut account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to:
FreshCut Interactive Inc.
7162 Beverly Blvd #338
Los Angeles, CA 90036
Attn: FreshCut Arbitration Opt-out
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your FreshCut account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to:
FreshCut Interactive Inc.
7162 Beverly Blvd #338
Los Angeles, CA 90036
Attn: FreshCut Arbitration Filing
Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your FreshCut account, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
Feedback and Suggestions
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.