Introduction
Welcome to Cuttr. Thank you for using the Cuttr platform and the products, services and features we make available to you as part of the platform (collectively, the “Services”). Please read on to learn the rules and restrictions that govern your use of the Services. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Services. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@cuttr.com
Address: 25 1ST AVE SW, STE A, WATERTOWN, SD, 57201-3507.
Your Services Provider
The entity providing the Services is Clipper Media Group, LLC, a limited liability company operating under the laws of South Dakota, located at 25 1ST AVE SW, STE A, WATERTOWN, SD, 57201-3507 (referred to as “Clipper Media Group”, “we”, “us”, or “our”).
Applicable Terms
Your use of the Services is subject to these terms which may be updated from time to time (together, this “Agreement”). The Agreement includes the provisions in this document as well as those in the Privacy Policy ([insert link to privacy policy]). Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Who may use the Services
Age Requirements
You must be at least 18 years old to use the Services; however, children of all ages may use the Services if enabled by a parent or legal guardian.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to this Agreement on your behalf).
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services.
Businesses
If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
Your Use of the Services
Content on the Services
The content on the Services includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), a person’s name, photograph, voice, or likeness, interactive features, software, typefaces, metrics, and other materials whether provided by you, Clipper Media Group or a third party (collectively, “Content”). For the purpose of this Agreement, photograph means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, so that the person is readily identifiable; voice means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the person; and likeness means the use of an image of a person for any purposes. Any and all rights in a person’s name, photograph, voice, or likeness are jointly called “Publicity Rights” and considered part of intellectual property rights.
Content is the responsibility of the person or entity that provides it to the Services. Clipper Media Group is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, you may report it directly to the hosting platform (e.g., YouTube, TikTok, etc.) where the content is published, or contact us at support@cuttr.com.
Cuttr Account
You may be required to sign up for an account, select a password and user name (“Cuttr Account”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide us with a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Cuttr Account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your Cuttr Account credentials through third-party authentication services (each, a “Third-Party Account”), such as Google. If you choose to connect a Third-Party Account, you authorize us to access and use certain information and content from that account—including files, metadata, and permissions (e.g., Google Drive files)—solely as necessary to provide and operate the Services and in accordance with the permissions (OAuth scopes) you grant. You remain in control of the information shared with us and may modify or revoke access at any time through your Third-Party Account’s privacy and security settings.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. Notwithstanding the foregoing, if you are a user of Paid Services, you are licensed to use the Services for commercial uses and otherwise to the fullest extent possible under applicable law, subject to all the terms and conditions of this Agreement as they are applicable to the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Cuttr Account with anyone, and you must protect the security of your Cuttr Account, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Cuttr Account. We may access your Cuttr Account to troubleshoot, provide or administer our provision of the Services and for diagnostic, security and corrective purposes.
Your Information
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 18 years of age; if you are a child under 18 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided us personal information, please contact us at support@cuttr.com.
Cookies
We employ the use of cookies. By accessing Cuttr, you agreed to use cookies in agreement with our [Privacy Policy]([insert link]).
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Messaging
As part of the Services, you may receive communications through the Services, including messages that Clipper Media Group sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Clipper Media Group to send you information that we think may be of interest to you, which may include Clipper Media Group using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Clipper Media Group, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Clipper Media Group. You agree to indemnify and hold Clipper Media Group harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Permissions and Restrictions
You may access and use the Services as made available to you, as long as you comply with this Agreement and applicable law.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Clipper Media Group).
Violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Clipper Media Group.
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
Jeopardizes the security of your Cuttr Account or anyone else’s (such as allowing someone else to log in to the Services as you).
Attempts, in any manner, to obtain the password, account, or other security information from any other user.
Violates the security of any computer network, or cracks any passwords or security encryption codes.
Runs mail list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
Decompiles, reverse engineers, reverse compiles, translate, or otherwise attempts to discover or obtain the source code, underlying components of models, algorithms, underlying ideas, or information of or relating to the Services.
Uses output from the Services to develop models that compete with Clipper Media Group.
Buys, sells, or transfers API keys without our prior consent.
Sends us any personal information of children under 13 or the applicable age of digital consent.
Collects or harvests any information that might identify a person (for example, usernames or faces).
Uses the Services to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations.
Causes or encourages any inaccurate measurements of genuine user engagement with the Services, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner.
Misuses any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
Knowingly uses or infringes upon the use of an individual’s name, photograph, voice, or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without proper authorization.
Publishes, performs, distributes, transmits, or otherwise makes available to the public an individual’s voice or likeness, with knowledge that use of the voice or likeness was without proper authorization.
Distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of which is the production of an individual’s photograph, voice, or likeness without proper authorization.
A violation of any of the foregoing (“Use Violation”) is grounds for termination of your right to use or access the Services. We may use IP addresses or other indicators to detect possible fraudulent or suspicious activity. Without limiting any other rights or remedies of Clipper Media Group, if we detect activity we believe to be fraudulent or suspicious, we may cancel your earned credits, terminate your accounts, or restrict your IP addresses or other identifiers from registering new accounts.
We reserve the right to terminate your right to use or access the Services at any time, for any reason, in our sole discretion, and without notice.
Reservation
Using the Services does not give you ownership of or rights to any aspect of the Services, including user names or any other Content posted by others or Clipper Media Group.
Develop, Improve and Update the Services
Clipper Media Group is constantly changing and improving the Services. As part of this continual evolution, we may make modifications or changes (to all or part of the Services) such as adding or removing features and functionalities, offering new digital content or Services, or discontinuing old ones. We may also need to alter or discontinue the Services, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Services require or include downloadable software, that software may update automatically on your device once a new version or feature is available, subject to your device settings. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical.
Change of Terms
We are constantly trying to improve our Services, so this Agreement may need to change along with our Services. We reserve the right to change this Agreement at any time, but if we do, we will place a notice on our site located at [insert website, e.g., www.cuttr.com], send you an email, and/or notify you by some other means.
If you don’t agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Agreement is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.
Your Content and Conduct
Uploading Content
If you have a Cuttr Account, you may be able to upload Content to the Services. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Services any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Services. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights You Grant
You retain ownership rights in your Content. However, you grant us a license to use that Content. By submitting Content to the Services, you grant Clipper Media Group a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the Content in connection with the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. This license includes the right for Clipper Media Group to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your Content through the Services, and to use that Content, including to reproduce, distribute, create derivative works, display, and perform it, only as enabled by a feature of the Services (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Services.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Services. You understand and agree, however, that Clipper Media Group may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Removing Your Content
You may remove your Content from the Services at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Clipper Media Group
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to Clipper Media Group, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Clipper Media Group or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Clipper Media Group or our Affiliates.
Account Suspension & Termination
Terminations by You
You may stop using the Services at any time. To terminate this Agreement or your Cuttr Account, you may contact us at support@cuttr.com.
Terminations and Suspensions by Clipper Media Group for Cause
Clipper Media Group may suspend or terminate your Cuttr Account, status as a creator, or ability to access or use the Services at any time for: (1) repeated violations of this Agreement; (2) requirements of law or the competent governmental or regulatory authority; or (3) unexpected technical or security issues or problems.
Terminations by Clipper Media Group for Services Changes
Clipper Media Group may terminate your Cuttr Account, or ability to access or use the Services if Clipper Media Group discontinues the Services or materially modifies the Services (or any part thereof).
Effect of Account Suspension or Termination
If your Cuttr Account is terminated or your access to the Services is restricted, you may continue using certain aspects of the Services (such as viewing only) without an account, unless you have been notified otherwise by Clipper Media Group.
About Software in the Services
Downloadable Software
When the Services require or include downloadable software (such as the Cuttr application), unless that software is governed by the additional terms provided below, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless Clipper Media Group provides you with separate terms, all updates and upgrades to the software are governed by this Agreement.
Open Source
Some software in our Services may be offered under an open source license. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES IS PROVIDED “AS IS” AND CLIPPER MEDIA GROUP DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF THE SERVICES, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICES.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, CLIPPER MEDIA GROUP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR USE; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF CLIPPER MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF THIS SECTION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE, OR FOR A PARTY’S FRAUD, FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Clipper Media Group, LLC, its subsidiaries, affiliates, and all of our respective officers, agents, partners, employees, and contractors (collectively, the “Indemnified Parties”) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your uploaded Content or User Submissions; (2) your use of the Services; (3) your breach of this Agreement; (4) any breach of your representations and warranties set forth in this Agreement; (5) your violation of the rights of a third party, including but not limited to intellectual property rights or Publicity Rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. You further agree and expressly acknowledge that, by using Cuttr or any Services provided by Clipper Media Group, LLC, Clipper Media Group, LLC is automatically precluded from being considered a competitor to you or your company in any capacity, and you will forever consider Clipper Media Group, LLC not to be a competitor. Notwithstanding the foregoing, the Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate, at your expense, with the Indemnified Parties’ defense of such claims. The Indemnified Parties will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Resolution of Disputes
Informal Resolution
If a dispute arises between you and Clipper Media Group, our goal is to learn about and address your concerns. You agree that you will notify Clipper Media Group about any dispute you have with Clipper Media Group regarding these terms or our products or Services by contacting Clipper Media Group at support@cuttr.com.
Binding Arbitration
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to any controversy or claim arising out of or relating to the design, development, license, sale, or use of artificial intelligence (AI), machine learning, large language model, or generative AI systems, tools, or products, that is not resolved through the informal resolution process above shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be conducted by a single arbitrator in Watertown, South Dakota, unless the parties agree otherwise. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Each party will bear its own costs in the arbitration, but the arbitrator may award attorneys' fees and costs to the prevailing party as permitted by applicable law.
Class Action Waiver
You and Clipper Media Group agree that any arbitration or other legal proceeding will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Governing Law
These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of South Dakota applicable to agreements made and to be entirely performed within the State of South Dakota, without regard to its conflict of law principles.
Miscellaneous
There are a few more things we need to mention before you can use our Services.
This Agreement, together with any other agreements or guidelines referenced herein, constitutes the entire agreement between you and Clipper Media Group regarding the Services. If any provision of this Agreement is held invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Clipper Media Group’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Clipper Media Group without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you have any feedback, comments, ideas, or suggestions for improvements to the Services (“Feedback”), you grant Clipper Media Group an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, disclose, and otherwise exploit the Feedback without restriction.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Clipper Media Group, LLC
25 1ST AVE SW, STE A, WATERTOWN, SD, 57201-3507
support@cuttr.com
This Terms of Service is adapted from the reference provided and standard templates. Please customize placeholders with your company's specific details and consult with a legal professional to ensure compliance with applicable laws.
