Community User Terms

Updated March 1, 2010

PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT


1. Your Acceptance

This JayCut community user agreement (“Agreement”) is a binding agreement between Jaycut AB (“JayCut”) and you and, if applicable, the company or other legal entity you represent (collectively, “You”). This Agreement shall govern all use of the JayCut video editing community, accessible by creating an account/logging in at www.jaycut.com/login-register, and all hereto related pages with user generated content (for example, but not limited to user profiles or pages for displaying video (collectively, the “JayCut Community”) (thus excluding all other use of the JayCut Website, including licensing and use of the JayCut “Services” as defined in and separately governed by the Terms of Use).

This Agreement incorporates by reference (1) Privacy Policy ("Privacy Policy"); (2) the Community User Terms ("Community User Terms") and (3) the Acceptable Use Policy (“AUP”), all posted on www.jaycut.com (“JayCut Website”). Definitions introduced in this Agreement shall bear the same meaning in all of the aforementioned agreements (1), (2) and (3).

BY CLICKING THE "ACCEPT" BUTTON FOR THIS AGREEMENT, OR BY USING THE JAYCUT COMMUNITY OR ACCEPTING ANY MODIFICATION TO THIS AGREEMENT IN ACCORDANCE WITH THIS SECTION 1, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" SHALL MEAN SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST STOP USING THIS WEBSITE AND WHERE APPLICABLE SELECT THE "DECLINE" BUTTON WHEN REGISTERING FOR AN ACCOUNT AND YOU MAY NOT USE THE JAYCUT COMMUNITY.

Although we may attempt to notify You when major changes are made to this Agreement, You should periodically review the most up-to-date version. JayCut may, in its sole discretion, modify or revise this Agreement and policies at any time, and You agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.


2. JayCut Website
  1. This Agreement apply to all users of the JayCut Community, including users who are also contributors of video content, information, and other materials, media or services on the JayCut Community. This includes all aspects of the JayCut Community, including but not limited to all products, software and services offered via the JayCut Community such as video editing functionality (“Video Editor”), embeddable media players ("Embeddable Player") and other applications and functionality.
  2. The JayCut Community may contain links to third party websites that are not owned or controlled by JayCut. JayCut has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, JayCut will not and cannot censor or edit the content of any third-party site. By using the JayCut Community, You expressly relieve JayCut from any and all liability arising from Your use of any third-party website.

3. JayCut Accounts
  1. In order to access many features of the JayCut Community, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify JayCut immediately of any breach of security or unauthorized use of Your account.
  2. Although JayCut will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of JayCut or others due to such unauthorized use.

4. General Use of the Website – Permissions and Restrictions
JayCut hereby grants You permission to access and use the Website as set forth in these Community User Terms, provided that:
  1. You agree not to distribute in any medium any part of the JayCut Community, including but not limited to User Submissions (defined below), without JayCut's prior written authorization.
  2. You agree not to alter or modify any part of the JayCut Community except where expressly made available by JayCut, including but not limited to JayCut's Video Editor, Embeddable Player or any of its related technologies.
  3. You agree not to access User Submissions (defined below) or JayCut Content through any technology or means other than the video playback pages of the JayCut Community itself, the Embeddable Player, Video Editor, or other explicitly authorized means JayCut may designate.
  4. You agree not to use the JayCut Community, including the Video Editor and Embeddable Player for any commercial use, without the prior written authorization of JayCut. Prohibited commercial uses include any of the following actions taken without JayCut's express approval:
    • Sale of access to the JayCut Community or its related services (such as the Video Editor or Embeddable Player) on another website;
    • use of the JayCut Community or its related services (such as the Video Editor and Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising, on the JayCut Community or any third-party website, targeted to the content of specific User Submissions or JayCut content;
    • and any use of the JayCut Community or its related services (such as the Video Editor and Embeddable player) that JayCut finds, in its sole discretion, to use JayCut's resources or User Submissions with the effect of competing with or displacing the market for JayCut, JayCut content, or its User Submissions.
  5. Prohibited commercial uses do not include:
    • uploading an original video to JayCut in order to promote Your business or artistic enterprise;
    • using the Video Editor to edit and publish videos which are to be used to promote Your business or artistic enterprise;
    • using the Embeddable Player to show JayCut videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with JayCut;
    • any use that JayCut expressly authorizes in writing.
  6. If You use the Embeddable Player on Your website, You must include a prominent link back to the JayCut Website on the pages containing the Embeddable Player and You may not modify, build upon, or block any portion of the Embeddable Player in any way.
  7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the JayCut servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, JayCut grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. JayCut reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the JayCut Community, nor to use the communication systems provided by the JayCut Community (e.g. comments, email) for any commercial solicitation purposes or spam in general. You agree not to solicit, for commercial purposes, any users of the JayCut Community with respect to their User Submissions.
  8. In Your use of the website, You will otherwise comply with the terms and conditions of this Agreement, the AUP, and all applicable local, national, and international laws and regulations.
  9. JayCut reserves the right to discontinue any aspect of the JayCut Community at any time.

5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to Your use of content on the JayCut Website.
  1. The content on the JayCut Community, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to JayCut, subject to copyright and other intellectual property rights under the law. Content on the JayCut Community is provided to You AS IS for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. JayCut reserves all rights not expressly granted in and to the JayCut Community and the Content.
  2. You may access User Submissions for Your information and personal use solely as intended through the provided functionality of the JayCut Community. You shall not copy or download any User Submission unless You see a “download” or similar link displayed by JayCut on the JayCut Community for that User Submission.
  3. User Comments are made available to You for Your information and personal use solely as intended through the normal functionality of the JayCut Community. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the JayCut Community or otherwise as prohibited under this Agreement.
  4. You may access Content, User Submissions and other content only as permitted under this Agreement. JayCut reserves all rights not expressly granted in and to the JayCut Content and the JayCut Community.
  5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the JayCut Community for any commercial purposes.
  6. You agree not to circumvent, disable or otherwise interfere with security-related features of the JayCut Community or features that prevent or restrict use or copying of any Content or enforce limitations on use of the JayCut Community or the Content therein.
  7. You understand that when using the JayCut Community, You will be exposed to User Submissions from a variety of sources, and that JayCut is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against JayCut with respect thereto, and agree to indemnify and hold JayCut, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the site.

6. Your User Submissions and Conduct
  1. As a JayCut account holder You may submit video content ("User Videos"), edit media to create new videos (“User Edited Videos”) and submit textual content ("User Comments"). User Videos, User Edited Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, JayCut does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that: You own or have all the necessary licenses, rights, consents, and permissions to use and authorize JayCut to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the JayCut Community and this Agreement.
  3. For clarity, You retain all of Your ownership rights in Your User Submissions, including derivate works in the form of User Edited Videos. However, by submitting and/or creating User Submissions on JayCut, You hereby grant JayCut a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the JayCut Community and JayCut's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the JayCut Community (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the JayCut JayCut Community a non-exclusive license to access Your User Submissions through the JayCut Community, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the JayCut Community and under this Agreement. The above licenses granted by You in User Videos and User Edited Videos terminate within a commercially reasonable time after You remove or delete Your User Videos or User Edited Videos from the JayCut Community. You understand and agree, however, that JayCut may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by You in User Comments are perpetual and irrevocable.
  4. In connection with User Submissions, You further agree that You will not submit or in User Edited Videos use any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant JayCut all of the license rights granted herein.
  5. You further agree that You will not, in connection with User Submissions, submit material that is contrary to the AUP, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  6. JayCut does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JayCut expressly disclaims any and all liability in connection with User Submissions. JayCut does not permit copyright infringing activities and infringement of intellectual property rights on the JayCut Community, and JayCut will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. JayCut reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy
  1. JayCut will terminate a user's access to the JayCut Community if, under appropriate circumstances, they are determined to be a repeat infringer.
  2. JayCut reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement and the AUP for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. JayCut may remove such User Submissions and/or terminate a user's access for uploading such material in violation of this Agreement or the AUP at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act
  1. If You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by sending an email to notification[at]jaycut[dot]com which includes proof of the infringement and Your rights. JayCut may request additional information in order to be able validate your claim, and You shall comply with such requests or surrender Your claim.
  2. Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice to notification[at]jaycut[dot]com containing a statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content, Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the courts of Sweden, and a statement that You will accept service of process from the person who provided notification of the alleged infringement. JayCut may request additional information in order to be able validate your claim, and You shall comply with such requests or surrender Your claim.
If a counter-notice is received, JayCut may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at JayCut's sole discretion.


9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE JAYCUT COMMUNITY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JAYCUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE JAYCUT COMMUNITY AND YOUR USE THEREOF. JAYCUT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JAYCUT COMMUNITY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JAYCUT COMMUNITY, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE JAYCUT COMMUNITY BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAYCUT COMMUNITY. JAYCUT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JAYCUT COMMUNITY OR JAYCUT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JAYCUT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


10. Limitation of Liability
IN NO EVENT SHALL JAYCUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JAYCUT COMMUNITY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE JAYCUT COMMUNITY, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE JAYCUT COMMUNITY BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAYCUT COMMUNITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JAYCUT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The JayCut Community is controlled and offered by JayCut from its facilities in Sweden. JayCut makes no representations that the JayCut Community is appropriate or available for use in other locations. Those who access or use the JayCut Community from other jurisdictions do so at their own volition and are responsible for compliance with local law.


11. Indemnity
You agree to defend, indemnify and hold harmless JayCut, its officers, directors, employees, agents, subcontractors, resellers and assigns 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: (i) Your use of and access to the JayCut Community; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the JayCut Community.


12. Ability to Accept Community User Terms
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, You affirm that You are over the age of 13, as the JayCut Community is not intended for children under 13. If You are under 13 years of age, then please do not use the JayCut Community.


13. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by JayCut without restriction.


14. General
You agree that: (i) the JayCut Community shall be deemed solely based in Sweden; and (ii) the JayCut Community shall be deemed a passive website that does not give rise to personal jurisdiction over JayCut, either specific or general, in jurisdictions other than Sweden. By using the JayCut Community, You agree that this Agreement shall be governed by and construed in accordance with the laws of Sweden. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts of Sweden over any claim or matter arising under or in connection with this Agreement. Notwithstanding the above, JayCut will always be entitled to pursue any claims for non-payment or infringement of intellectual property in the courts and under the laws of the jurisdiction in which You are domiciled. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

This Agreement, together with the Privacy Policy and any other legal notices published by JayCut on the Website and/or JayCut Community, shall constitute the entire agreement between You and JayCut concerning the JayCut Community. 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. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and JayCut's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. JayCut reserves the right to amend this Agreement at any time and without notice, and it is Your responsibility to review this Agreement for any changes. Your use of the JayCut Community following any amendment of this Agreement will signify Your assent to and acceptance of its revised terms. YOU AND JAYCUT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JAYCUT WEBSITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.