Terms of Use

Welcome to Freshcut and to our community! Please read the Terms of Use below before continuing. These Terms of Use and community guidelines apply to (1) web, mobile users, and anyone who interacts with FreshCut in any way and (2) whether you are a logged in or logged out user. Please pay special attention to user requirements, community guidelines and treat everyone within the community with respect.

1. FreshCut

FreshCut includes all of the FreshCut products, features, applications, services, technologies, and software that we provide. In an effort to address user feedback, we will often make changes and deliver updates to our products and services during development.

2. Privacy Policy

FreshCut includes all of the FreshCut products, features, applications, services, technologies, and software that we provide. In an effort to address user feedback, we will often make changes and deliver updates to our products and services during development.

3. User Requirements

• You must be at least 13 years old.
• If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
• You must not be prohibited from receiving any aspect of FreshCut under applicable laws or engaging in payments related to FreshCut 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 FreshCut 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.

Safety:

• 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 the 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 the 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. Examples are harmful or illegal conduct in real life, on other platforms (e.g., Twitch or Twitter), or any other domain other than FreshCut.

Conduct:

• 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 these Terms of Use.
• 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 (i.e., no nudity, no violence, no obscene conduct, no sexually explicit content, no drugs). We reserve the right to deem any content inappropriate.
• Your conduct within FreshCut must also be appropriate (i.e., 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.

Illegal Activity:

• We require that all users respect all local, national, and international applicable laws while using FreshCut.
• You cannot do anything unlawful, misleading, or fraudulent. This applies to all behavior on FreshCut 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 dmca@freshcut.gg.

Other Prohibited Conduct:

• We do not allow sharing of people’s personal information, either your own or other users
• You may not solicit FreshCut 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 all other data gathering, data extraction, and task automation tools. Behaviors that attempt to abuse FreshCut for any purpose, lead to cheating or scams, compromise the security of FreshCut or of anyone in the community, are prohibited.
• You must not engage in spam, soliciting, information gathering, or linking to third-party websites and services throughout FreshCut.

5. Act on Report

• We act based on reports and will resolve disputes to the best of our ability and within these Terms of Use. Please let us know of any complaints or issues via support@freshcut.gg or via in-product reporting mechanisms.
• If there is a piece of content that is offensive or violates these Terms of Use and community guidelines, please let us know right away via support@freshcut.gg. 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, FreshCut will not be liable for any unauthorized use of content by any user. You acknowledge and agree that your submission of content to FreshCut does not create any new or alter any existing relationship between you and FreshCut.

6. FreshCut Economy and App-Related Purchases

FreshCut may offer in-app purchases through the Apple App Store, Google Play, or through the website authorized by FreshCut. 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 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 Diamonds are non-refundable, except as required by law.

You acknowledge that Diamonds can change anytime, including changes to value, denominations, and other changes.

All Diamond purchases are final and non-refundable. If there is an issue with a purchase on FreshCut, please contact support@freshcut.gg or open a support ticket in Discord. If you transact with an app store - the payment relationship is between you and such app store.

You may acquire Diamonds via FreshCut or you may receive Diamonds from other creators or users in FreshCut. You may spend these Diamonds on supporting other creators or on items that are available in the web-store. FreshCut will not be held responsible for any lost Diamonds.

Web-store may contain items from third-party sites and involve third-party services, these might be in-game items from other games, virtual currency, or other rewards:

• FreshCut will make best faith effort to facilitate transactions between users and these third-party services. You acknowledge that FreshCut will not be held responsible for any and all transactions outside the FreshCut ecosystem.
• You acknowledge Store items go out of stock from time to time or permanently.
• Some items might be region specific or platform specific. You acknowledge item limitations when you choose 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 these Terms of Use, you also give us permissions that we need to provide FreshCut.

• We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through FreshCut. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with FreshCut, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. Please review the Privacy Policy to learn more about how we use information and how to control or delete your content.
• 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 FreshCut on your device.
• You agree to receive FreshCut informational and marketing-related communications and notifications via email and the FreshCut app. You can opt out of marketing emails by using the “unsubscribe” link noted in the email and opt out of app notifications in the app and your device settings.

8. Additional Rights We Retain

FreshCut reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification from FreshCut. Your continued use of FreshCut following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

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 FreshCut (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 FreshCut. We may terminate or suspend all or part of your access to FreshCut for violating these Terms of Use. You will not receive any refunds if you cancel your account or if these Terms of Use are otherwise terminated.

11. Content Removal and Disabling or Terminating Your Account

We can remove any content or information you share on FreshCut if we believe that it violates these Terms of Use, 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 FreshCut 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 of Use 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 Section 11 will still apply even after your account is terminated or deleted.

12. User Generated Content Disclaimer

FreshCut is not obligated to screen, approve, or edit user-generated content uploaded to FreshCut. FreshCut may at any time and without notice and without obligation to the user remove, edit, block, or suspend any user-generated content that violates these Terms of Use.

By using FreshCut, you acknowledge that you may see content from a variety of sources and that some of this content may be offensive. By using FreshCut, you agree to waive to the extent legally permissible all rights regarding user-generated content that you may encounter while using FreshCut.

13. Ad Revenue Share Program

The FreshCut Partner Ad Revenue Sharing program can allow a partnered creator to earn a share of revenue from organic impressions of ads displayed in the FreshCut app. Partnered creators are auto qualified to participate in the FreshCut Partner Ad Revenue Share program based on requirements that will change from time to time; to opt out please email support@freshcut.gg or contact your FreshCut representative.

14. General Terms

If any aspect of these Terms of Use is unenforceable, the rest will remain in effect. Any amendment or waiver to these Terms of Use must be in writing and signed by us. If we fail to enforce any aspect of these Terms of Use, it will not be a waiver. We reserve all rights not expressly granted to you.

You agree to hold harmless FreshCut and FreshCut’s stockholders, directors, officers, employees, consultants, and affiliates. We make no representation that the content on FreshCut 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 FreshCut may not be legal by certain persons or in certain countries.

These Terms of Use do not give rights to any third parties. You cannot transfer your rights or obligations under these Terms of Use 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

FreshCut 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 FreshCut.

Our responsibility for anything that happens on FreshCut is limited as much as the law will allow. If there is an issue with FreshCut, 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 of Use, 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 of Use will not exceed the greater of $100 or the amount you have paid us in the past 12 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 of Use or your use of FreshCut. 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.

Dispute Resolution

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 of Use 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 these Terms of Use. To the extent permitted by law, you and FreshCut 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 FreshCut or engage with FreshCut 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 of Use. To opt out, you must send your name, residence address, username, email address or phone number (or if you are under 13 years old, the name, residence address, username, email address or phone number of a parent or guardian) associated with your FreshCut account, and a clear statement that you want to opt out of this arbitration provision, 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 associated with 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 associated 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 Central District of California or a state court located in Los Angeles 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 of Use 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 of Use

We may change FreshCut’s policies, and we may need to make changes to these Terms of Use so that they accurately reflect FreshCut’s policies. Unless otherwise required by law, we will notify you (for example, through FreshCut) before we make changes to these Terms of Use and give you an opportunity to review them before they go into effect. Then, if you continue to use FreshCut, you will be bound by the updated Terms of Use. If you do not want to agree to these or any updated Terms of Use, you can delete your account.