Terms of Service
Effective Date: September 3, 2024
Please read the following provisions of these Terms of Use (hereinafter referred to as the "Terms of Use") carefully. This is a legal agreement between you and Redcut regarding the use of the Redcut software program and related documentation installed on your device (hereinafter referred to as the "Software"). By downloading the Software and/or using any services enabled by the Software ("Services"), you acknowledge that you have read, understood and agree to be bound by the following terms and conditions (including any additional guidelines and future modifications) and the Privacy Policy. If you do not agree to these Terms and Conditions of Use at any time, you may not use the Software or Services and must immediately terminate your use of the Software and all Services.
Redcut and you acknowledge that these Terms of Use are entered into only between Redcut and you, and not with the App Market, and that, as between Redcut and the Market, Redcut, not the Market, is solely responsible for the Software and Services and their content. These Terms of Use are not intended to provide for use rules for the Software and Services that are more lenient than the use rules set forth for Licensed Applications in the App Market Terms of Service as of the date of these Terms of Use, or to conflict with the App Market Terms of Service as of the date of these Terms of Use (which you further acknowledge that you have had an opportunity to review).
Subject to your compliance with the terms and conditions set forth in these Terms of Use, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, revocable license to download, install and use one copy of the Software in object code format on your personal computer or mobile device (“Device”) solely for your personal use of the Redcut Application and any other applications that Redcut may expressly authorize for use through the use of the Software.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You agree to take all necessary steps to protect the confidentiality of such information. All title to the Software and Services, including any related documentation and any new versions, modifications and enhancements, shall belong solely to Redcut and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title is not transferred to you. There are no implied licenses, rights or interests in or to any copyrights, patents, trade secrets, trademarks, inventions or other intellectual property rights. Redcut hereby expressly reserves all rights not expressly granted to you in the Software and all Services.
You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
You further represent that you shall not (i) use the Software or any Service for any illegal or unauthorized purpose; (ii) use the Software or any Service in any manner that could damage, disable, overburden or impair any Service; (iii) transmit worms, viruses or any destructive code; (iv) display, transmit or share any content consisting of text, sounds, audio, images, photos, video and/or any type of material, information or communication ("Content") that is hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, defamatory or libellous, or any Content that encourages conduct that would be considered a criminal offense or give rise to civil liability; (v) attempt to hack into, deface or modify the Redcut website, the Software (or its source code) or any Service, or alter other websites to falsely imply that they are affiliated with Redcut; or (vi) use or access any Service by any means other than through the interface that is provided by Redcut.
5.1 Penalties for Violation of Terms.
If your behavior violates relevant laws and regulations, terms and conditions or operating policies, we have the right to limit your Redcut account and your use of the service to protect other users. Please be assured that if any activities not specified here hinder the provision of a good service environment or hinder other users from using the service, such activities will be restricted as described here. Service use will be temporarily or permanently restricted based on the cumulative number of violations; however, obscene posts, gambling promotions, sudden risks, or any obvious illegal behavior prohibited by relevant laws and regulations will be immediately and permanently restricted regardless of the cumulative number of violations.
If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services will do so in accordance with this Terms of Use. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.
Content transmitted using the Software and Services is the sole responsibility of the Content provider. You use the Software and Services at your own risk and understand that by using the Software or any Service, you may be exposed to Content that is offensive, harmful to minors, obscene, or otherwise objectionable. Redcut does not endorse any Content and expressly disclaims any and all liability related to any and all Content transmitted or displayed using the Software and/or Services. You hereby release the Redcut Parties from any and all claims and demands arising out of or related to any Content.
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services, and Redcut has no liability to you or any third party for any Content. You further agree to pay all royalties, fees and any other amounts owed to any person for any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of the Content or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or display will not: (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right, or (ii) defame, libel, slander or violate the privacy, publicity or other property rights of any other person. Violators of these third-party rights may subject you to criminal and civil liability. We reserve all of our rights and remedies against anyone who violates any provision of these Terms of Use.
Redcut reserves the right, at its sole discretion, to add additional features or modify or provide programming fixes, updates and upgrades to the Software or Services. Redcut has no obligation to provide you with any additional features or modifications, updates, support, maintenance or subsequent versions of the Software or any Services. If you wish to download, install or use any modifications, updates or new versions of any additional features or Software, you may have to agree to the Terms of Use for the updated version.
The license to use the Software and Services is void in any jurisdiction where prohibited. The Software and Services are intended only for users eighteen (18) years of age or older, and any registration for, use of, or access to the Software or Services by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms of Use. Redcut may terminate your account, delete any content or information you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect, or feature of the Services) at any time, in its sole discretion, for any or no reason, with or without notice, including, without limitation, if it believes that you are under the age of 18.
You acknowledge and agree that Redcut has no responsibility for the loss, deletion, or destruction of any Content (including any stored Content), and that no Redcut party has any obligation to preserve, provide access to, or return any Content to you.
“You hereby agree to indemnify, defend and hold Redcut harmless from and against any and all claims, actions, liabilities, damages and expenses (including reasonable attorneys’ fees incurred by such party) arising out of or relating to: (a) your breach of any term of these Terms of Use or any applicable laws or regulations set forth herein, or (b) your violation of the rights of any third party, or (c) your use or misuse of the Software and/or any Service, or (d) your content or other communications displayed or transmitted through the Software and/or any Service, or (e) any other content or other communications displayed or transmitted through the Software and/or any Service.
You may not assign these Terms of Use or any rights or obligations hereunder. Redcut reserves the right to assign these Terms of Use and any rights hereunder to any third party at its sole discretion without notice.
The Software and Services are provided to you on an "as is" and "as available" basis without any warranty of any kind. The Redcut Parties hereby disclaim all warranties, terms or conditions, express or implied, whether in fact or by law, statutory or otherwise, including but not limited to warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement and accuracy of information generated. Accordingly, you acknowledge and agree that the Redcut Parties will have no liability in connection with or arising out of your use of the Software and/or any Services. If you have any questions or dissatisfaction with the Software and/or any Services, your sole right or remedy is to immediately uninstall the Software and cease use of the Software and all Services. You further acknowledge that the Redcut Parties have no obligation to provide any maintenance or support services with respect to the Software and/or Services.
Redcut Parties do not warrant that the content displayed or transmitted through any service will be uninterrupted or free of errors, viruses or other harmful components, or that any of the foregoing will be corrected. Redcut Parties do not warrant or make any representations regarding the use or the results of the use of the software or services.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
In no event shall the Redcut Parties be liable for any loss, liability, claim or damage, whether based in contract, tort (including negligence) or any other legal theory, whether direct, indirect, incidental, consequential, special or punitive, or for loss of revenue or profits, loss of business, or any other damages, whether arising out of or in connection with the Software and/or any Services, these Terms of Use or the performance, suspension, termination or breach of these Terms of Use, even if Redcut or any other Redcut Party has been advised of the possibility of such. The foregoing limitations will apply even if the above remedy fails of its essential purpose. Because some jurisdictions do not allow certain of the above exclusions or limitations, some of these exclusions or limitations may not apply to you. In such case, the liability of the Redcut Parties will be limited to the maximum extent permitted by applicable law. These limitations of liability also apply to damages you incur as a result of any products or services sold or provided by third parties other than Redcut and received through or advertised on any of the Services.
Any comments, suggestions or feedback relating to the Software or any Service ("Feedback") submitted to Redcut shall become the property of Redcut. Redcut shall have exclusive ownership of the Feedback. Redcut shall be entitled to use the Feedback for any commercial or other purpose without compensation to you or any other person. Redcut shall not be required to treat any Feedback as confidential. You agree that you shall not acquire any rights in the Software or any Service (or any changes, modifications or corrections thereto) as a result of any Feedback. You acknowledge that you are responsible for any material you submit, including its legality, reliability, appropriateness, originality and copyright.
19.1 Amendments.
Redcut reserves the right to amend these Terms of Use at any time by posting the amended Terms of Use on Redcut or otherwise notifying such amendments as provided for above. The amended Terms of Use will be effective after the applicable notice period, unless you expressly accept the amended Terms of Use in advance by clicking the “Accept” button. Your express acceptance or continued use of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the amended Terms of Use.
19.2 Ability to Contract.
You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.
19.3 Entire Agreement.
This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
Redcut welcomes comments, questions, concerns, or suggestions. Please contact us at redcutsupport024@gmail.com.