JayCut Acceptable Use Policy
Updated March 1, 2010
Your use of the JayCut Services and/or JayCut Community to publish any Content is strictly conditioned upon Your agreement to the (1) Privacy Policy ("Privacy Policy"); (2) (a) Community User Terms("Community User Terms") if You are a user of the JayCut Community found here,or else (b) Terms of Use("Terms of Use") if You use the JayCut Services and (3) this Acceptable Use Policy(“AUP”), all posted on the JayCut Website www.jaycut.com.
In the event of a conflict between the provisions of this AUP and the provisions of (a) for the JayCut Services the Terms of Use or (b) for the JayCut Community the Community User Terms, the provisions of the Terms of Use or Community User Terms shall have priority.
If You are a website owner or other entity who is distributing another publisher's content using any functionality provided by JayCut, for example via the JayCut Media Widgets or the JayCut Community, on Your own website without having entered into an Affiliate Agreement with JayCut, then You are hereinafter referred to as an "Unregistered Affiliate", and Section 8 applies specifically to You.
1. Right to Reject Content/Suspend Account
JayCut reserves the right to accept or reject video and any other Content, and/or to suspend the account of any publisher, at JayCut's sole discretion, at any time, whether or not such publisher's content has previously been accepted into the JayCut Services or JayCut Community. Please note that, as a self-service platform, JayCut will not review or screen content on a regular basis for compliance with these terms or applicable laws. Nevertheless, if JayCut becomes aware of any content that violates any of the prohibitions set forth herein, or otherwise determines that a publisher's use of the JayCut Services and/or JayCut Community is harmful to JayCut, to third parties, or contravenes applicable laws or regulations, JayCut may reject such content and/or suspend the publisher's account (although it undertakes no obligation to do any) at any time, without any notice.
2. Terms Regarding Uploaded Content
By utilizing the JayCut Services and/or JayCut Community, You agree that You will not upload video or other content into the JayCut Services or JayCut Community that contains or constitutes: (a) illegal or unlawful content; (b) invasions of personal privacy; (c) pornography or obscenity, or content which would generally considered to be primarily of an "adult" nature (i.e., content that, if displayed in a movie theater, would be expected to receive an "X" rating); (d) promotions of hate or incitement of violence; or (e) violations of copyright, trademark, patent, or any other personal, intellectual property, or privacy right, or which constitute defamation, libel, or slander.
3. Terms Regarding Uses of the JayCut Services and JayCut Community
JayCut may accept any type of video content, with these restrictions: (a) You must own all necessary rights to the content, including copyrights to both the video and the audio. You are responsible for paying any license, guild or other fees to third parties for reproduction or publication on of the content; (b) You must be able to upload the video to us electronically; (c) You must accept/execute either the (i) Terms of Use or (ii) Community User Terms, depending on if You use the JayCut Services or JayCut Community, and abide by the terms therein; (d) You may not use the JayCut Services or JayCut Community to offer, for sale or otherwise, any of the following: (i) Any firearms, explosives, or weapons; (ii) Any tobacco products: (iii) Any items that contain child pornography, or that are otherwise pornographic in nature; (iv) Any controlled substances or pharmaceuticals; (v) Any items that are counterfeit or stolen; (vi) Any registered or unregistered securities; (vii) Any items that violate or infringe the rights of other parties; or (viii) Any items where doing so through the JayCut Services or JayCut Community would cause JayCut to violate any law or regulation; (e) You may not use the JayCut Services or JayCut Community to perform any of the following prohibited acts: (i) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; (ii) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the JayCut Services or JayCut Community or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the JayCut Services or JayCut Community; or (iii) Any act which interferes with or disrupts the JayCut Services or JayCut Community or servers or networks connected to the JayCut Services or JayCut Community.
4. Security and Usage Restrictions
For certain types of functionality JayCut may make available to You the ability to select the application of third party software. JayCut offers this third-party software in conjunction with the JayCut Services or JayCut Community for Your convenience only, on an "As Is" basis only, and JayCut makes no representations, warranties, or promises about the effectiveness, sufficiency, performance, suitability, or ability of such software to prevent the unauthorized distribution of Your content and will not be liable for the failure of such software in any regard.
5. Non-Use
As described above, JayCut reserves the right to suspend delivery of content or de-provision content at any time if You are suspected to be in violation of this AUP, or Terms of Use or the Community User Terms.
6. Availability of Your Content
You may terminate the distribution of Your content from the JayCut Services and JayCut Community at any time. You expressly acknowledge and agree, however, that JayCut may preserve certain content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use, Community User Terms, AUP or any applicable amendments thereto; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of JayCut, its users and the public.
7. Unregistered Syndication Services
The JayCut Services and JayCut Community permits publishers to allow Unregistered Affiliates to distribute their content through the JayCut Services or JayCut Community. Specifically, publishers may permit Unregistered Affiliates to copy an embed code for a JayCut Media Widget without JayCut's control or mediation and to distribute the publisher's content through a JayCut Media Widget on or through their owned or operated website/s ("Unregistered Syndication"). If You permit Unregistered Syndication, then You - and not JayCut - are solely responsible for the acts of such Unregistered Affiliates in connection with the distribution of Your content. You specifically agree that, as between You and JayCut, all distribution of Your content through Unregistered Affiliates shall be subject to the same economic and legal terms as reflected in the then-applicable Terms of Use or Community User Terms, whichever is applicable depending on the nature of Your use, between You and JayCut. Nothing in this Section 7 shall be interpreted as a right to sublicense or resell the Services or any services on the JayCut Community.
8. Terms and Conditions for Unregistered Affiliates
By utilizing the JayCut Services or JayCut Community to distribute a publisher's content on or through Your owned or operated website as an Unregistered Affiliate, You agree to the following terms and conditions:
9. Authorization & Consent to Receive E-Mail Notifications
By signing up to use the JayCut Services or JayCut Community, You consent to receive important e-mail notifications from JayCut related to the JayCut Services or JayCut Community.
JayCut may change these policies at any time without advance notice.
Updated March 1, 2010
Your use of the JayCut Services and/or JayCut Community to publish any Content is strictly conditioned upon Your agreement to the (1) Privacy Policy ("Privacy Policy"); (2) (a) Community User Terms("Community User Terms") if You are a user of the JayCut Community found here,or else (b) Terms of Use("Terms of Use") if You use the JayCut Services and (3) this Acceptable Use Policy(“AUP”), all posted on the JayCut Website www.jaycut.com.
In the event of a conflict between the provisions of this AUP and the provisions of (a) for the JayCut Services the Terms of Use or (b) for the JayCut Community the Community User Terms, the provisions of the Terms of Use or Community User Terms shall have priority.
If You are a website owner or other entity who is distributing another publisher's content using any functionality provided by JayCut, for example via the JayCut Media Widgets or the JayCut Community, on Your own website without having entered into an Affiliate Agreement with JayCut, then You are hereinafter referred to as an "Unregistered Affiliate", and Section 8 applies specifically to You.
1. Right to Reject Content/Suspend Account
JayCut reserves the right to accept or reject video and any other Content, and/or to suspend the account of any publisher, at JayCut's sole discretion, at any time, whether or not such publisher's content has previously been accepted into the JayCut Services or JayCut Community. Please note that, as a self-service platform, JayCut will not review or screen content on a regular basis for compliance with these terms or applicable laws. Nevertheless, if JayCut becomes aware of any content that violates any of the prohibitions set forth herein, or otherwise determines that a publisher's use of the JayCut Services and/or JayCut Community is harmful to JayCut, to third parties, or contravenes applicable laws or regulations, JayCut may reject such content and/or suspend the publisher's account (although it undertakes no obligation to do any) at any time, without any notice.
2. Terms Regarding Uploaded Content
By utilizing the JayCut Services and/or JayCut Community, You agree that You will not upload video or other content into the JayCut Services or JayCut Community that contains or constitutes: (a) illegal or unlawful content; (b) invasions of personal privacy; (c) pornography or obscenity, or content which would generally considered to be primarily of an "adult" nature (i.e., content that, if displayed in a movie theater, would be expected to receive an "X" rating); (d) promotions of hate or incitement of violence; or (e) violations of copyright, trademark, patent, or any other personal, intellectual property, or privacy right, or which constitute defamation, libel, or slander.
3. Terms Regarding Uses of the JayCut Services and JayCut Community
JayCut may accept any type of video content, with these restrictions: (a) You must own all necessary rights to the content, including copyrights to both the video and the audio. You are responsible for paying any license, guild or other fees to third parties for reproduction or publication on of the content; (b) You must be able to upload the video to us electronically; (c) You must accept/execute either the (i) Terms of Use or (ii) Community User Terms, depending on if You use the JayCut Services or JayCut Community, and abide by the terms therein; (d) You may not use the JayCut Services or JayCut Community to offer, for sale or otherwise, any of the following: (i) Any firearms, explosives, or weapons; (ii) Any tobacco products: (iii) Any items that contain child pornography, or that are otherwise pornographic in nature; (iv) Any controlled substances or pharmaceuticals; (v) Any items that are counterfeit or stolen; (vi) Any registered or unregistered securities; (vii) Any items that violate or infringe the rights of other parties; or (viii) Any items where doing so through the JayCut Services or JayCut Community would cause JayCut to violate any law or regulation; (e) You may not use the JayCut Services or JayCut Community to perform any of the following prohibited acts: (i) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; (ii) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the JayCut Services or JayCut Community or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the JayCut Services or JayCut Community; or (iii) Any act which interferes with or disrupts the JayCut Services or JayCut Community or servers or networks connected to the JayCut Services or JayCut Community.
4. Security and Usage Restrictions
For certain types of functionality JayCut may make available to You the ability to select the application of third party software. JayCut offers this third-party software in conjunction with the JayCut Services or JayCut Community for Your convenience only, on an "As Is" basis only, and JayCut makes no representations, warranties, or promises about the effectiveness, sufficiency, performance, suitability, or ability of such software to prevent the unauthorized distribution of Your content and will not be liable for the failure of such software in any regard.
5. Non-Use
As described above, JayCut reserves the right to suspend delivery of content or de-provision content at any time if You are suspected to be in violation of this AUP, or Terms of Use or the Community User Terms.
6. Availability of Your Content
You may terminate the distribution of Your content from the JayCut Services and JayCut Community at any time. You expressly acknowledge and agree, however, that JayCut may preserve certain content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use, Community User Terms, AUP or any applicable amendments thereto; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of JayCut, its users and the public.
7. Unregistered Syndication Services
The JayCut Services and JayCut Community permits publishers to allow Unregistered Affiliates to distribute their content through the JayCut Services or JayCut Community. Specifically, publishers may permit Unregistered Affiliates to copy an embed code for a JayCut Media Widget without JayCut's control or mediation and to distribute the publisher's content through a JayCut Media Widget on or through their owned or operated website/s ("Unregistered Syndication"). If You permit Unregistered Syndication, then You - and not JayCut - are solely responsible for the acts of such Unregistered Affiliates in connection with the distribution of Your content. You specifically agree that, as between You and JayCut, all distribution of Your content through Unregistered Affiliates shall be subject to the same economic and legal terms as reflected in the then-applicable Terms of Use or Community User Terms, whichever is applicable depending on the nature of Your use, between You and JayCut. Nothing in this Section 7 shall be interpreted as a right to sublicense or resell the Services or any services on the JayCut Community.
8. Terms and Conditions for Unregistered Affiliates
By utilizing the JayCut Services or JayCut Community to distribute a publisher's content on or through Your owned or operated website as an Unregistered Affiliate, You agree to the following terms and conditions:
- JayCut and/or the publisher of the content may terminate the distribution of the content and/or the availability of the JayCut Free Services and JayCut Community at any time for any reason on no notice;
- You take the content and the JayCut Services and JayCut Community on an "as is" basis, as it is offered or not from time to time, and JayCut does not make any representation, warranty, or covenant regarding the content or the JayCut Services or JayCut Community. JayCut hereby disclaims any and all express and implied warranties as to any matter including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, and otherwise to the fullest extent of the law.
- You agree to abide by all of the prohibitions set forth in this AUP.
- Except as expressly permitted in writing and signed by a duly authorized officer of JayCut, You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the JayCut Services or JayCut Community in any way; (ii) modify or make derivative works based upon the JayCut Services or JayCut Community; (iii) "frame" or "mirror" any content on any other server or wireless or Internet-based device to interfere with or re-distribute the JayCut Services or JayCut Community; (iv) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon Your access to or usage of the JayCut Services or JayCut Community; (v) rent, lease, transfer, or otherwise transfer rights to any aspect of the JayCut Services or JayCut Community; or (vi) take any act to remove, obscure, interfere with, or modify the presentation or functionality of any aspect of the JayCut Services or JayCut Community. You further agree that upon termination of availability of the content, You shall no longer have the right to use the JayCut Services and/or JayCut Community, display any JayCut Media Widgets, or stream or make available for download any content from the JayCut Services or JayCut Community on or through Your owned or operated website/s.
- You expressly agree and acknowledge that JayCut retains any and all right, title and interest in all of JayCut's intellectual property and other rights, including but not limited to the JayCut Services and the JayCut Community, the JayCut Media Widgets, and the Marks and all components thereof.
- You agree to indemnify fully and hold harmless JayCut and JayCut's officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns (the "JayCut Indemnitees") from and against any and all claims, damages, liabilities, fees or the like brought by end users of Your website/s, advertisers on Your website/s, or other third parties arising out of or related to use of the JayCut Services or JayCut Community on or through Your website/s, and/or for the distribution of the content on or through Your website/s through the JayCut Services or JayCut Community, and/or for breach of any of these terms and conditions.
- Under no circumstances shall JayCut be liable to any Unregistered Affiliate or any other party for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages) arising from or related to the delivery (or non-delivery) of the JayCut Services or JayCut Community (including such damages incurred by third parties), such as, but not limited to, loss of revenue, or anticipated profits or lost business. Under no circumstances shall JayCut be liable for damages to any Unregistered Affiliate for any dollar amount.
- Any claim, action, complaint, dispute, litigation or the like brought against JayCut or any JayCut Indemnitee by any Unregistered Affiliate or by any end user of any website owned or operated by any Unregistered Affiliate, including without limitation regarding these terms and conditions, their interpretation, performance or any breach thereof: (i) shall be construed in accordance with, governed by, and all questions with respect thereto shall be determined by, the laws of Sweden, and (ii) each Unregistered Affiliate and end user of any website owned or operated by any Unregistered Affiliate hereby waives any objection to the foregoing provisions of this Subsection.
9. Authorization & Consent to Receive E-Mail Notifications
By signing up to use the JayCut Services or JayCut Community, You consent to receive important e-mail notifications from JayCut related to the JayCut Services or JayCut Community.
JayCut may change these policies at any time without advance notice.