Nette & Wilenius UG (haftungsbeschränkt)
Geschäftsführer: Philipp Nette
Telefon: +49 173 6483000
Registergericht: Amtsgericht Hamburg
Registernummer: HRB 137709
Umsatzsteuer-Identifikationsnummer gem. § 27 a Umsatzsteuergesetz: DE 1234567
Wirtschaftsidentifikationsnummer gem. § 139 c Abgabenordnung: DE 1234567
Verantwortliche i.S.d. § 55 Abs. 2 RStV: Nette & Wilenius UG (haftungsbeschränkt), vertreten durch Benjamin Ranft, Innocentiastr. 31, 20144 Hamburg
Terms & Conditions
1. Who Can Use the Services
The Service is designed for relatively mature audience and hence people under the age of 13 are not allowed to use the Service or create an account on the Service. We ask You kindly to read the Terms of Service before accepting its implications
By using our services, you declare that (1) you are able and have the capacity to form a binding contract with Cutnut and (2) your willingness to be compliant to these Terms of Services as well as all applicable local, state, national and international laws, rules and regulations.
In case where you are representing a business or other entity when using the Services, you affirm that you have the required authority to agree to these Terms on behalf of the business or other entity.
2. What Cutnut Gives You
Cutnut gives you a personal, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services.
You agree to deter from any actions to copy, modify, distribute, sell, or lease our Services or any parts of it. Also, you agree not to attempt to reverse engineer and not to attempt to identify or extract the source code of that software, unless we grant you a written permission to do so.
3. Rights You Give To Cutnut
Our Services enable you to create, upload, post, send, edit, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. Compilation videos where more than one user has uploaded content to the compilation, the user who initially started the video retains the right to the compilation. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. However, you give Cutnut a license to use you content.
For all other privacy settings option than Public videos, you give Cutnut a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, modify, edit, publish, and distribute your content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
In addition to the rights you grant us in connection with other Services, you also give us a permanent license to promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted as Public videos in any media or distribution methods. Also, you give Cutnut and our business partners the unrestricted, worldwide, permanent right and license to use your name, likeness, and voice solely in Public videos that you appear in, create, upload, post, or edit. This implies that you will not receive and will not be entitled to any form of compensation from us even if you name, appearance or voice is at show in a Public video.
Cutnut has the right to access, review, evaluate and delete you content at any time and for any reason such as content that can be considered to violate these Terms. While we have the right to delete your content from our Services, the responsibility for the content you create, upload, post, send, edit or store through the Service remains solely on you.
By using our Services, you agree that Cutnut and third-party entities may post advertising content on the Services.
We are happy to receive your feedback and suggestions, however we may implement your feedback and suggestions in to our Services without compensating you.
4. The Content of Others
Cutnut takes no responsibility of the content of users, publishers and other third parties on our Services no matter whether the content is shared publicly or privately. We do not review all content that is uploaded on to our Services and thus, we cannot take responsibility off making sure that at all times all the content that is stored and published on our services are compliant with these Terms of Service. However, we want to make clear that we remain the right and we will attempt to delete all content that is brought on to our Services that violate these Terms of Service.
6. Respecting Other People's Rights
You agree not to upload, post, send, or store content that:
- violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bullies, harasses, or intimidates;
- spams or solicits Cutnut's users; or
Moreover, these Terms of Services prohibits you from:
- use branding, logos, designs, photographs, videos, or any other materials used in our Services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
- use the Services or any content on the Services for any commercial purposes without our written permission.
7. Respecting Copyright
We will try to do our best effort to delete any content on our Services that are infringing current copyright-laws. Also, we remain the right to ban or terminate the user’s account that has brought on to our services copyright infringing content.
8. The Safety of Our Services
Your safety is of utmost importance for us. However, we cannot guarantee it all times and we need your contribution to our mutual efforts to make the Service as safe as possible. This is why we require that you agree that:
- You may not use the Services for any illegal purposes or any purpose that violates these Terms of Service.
- You may not use any automated means to access the Services or extract other user's information.
- You may not access or try accessing other user’s accounts without their permission.
- You may not post content that contains pornography, graphic violence.
- You may not post content that contains or implies threats, hate speech, or incitements to violence.
- You may not try to harm or litter the Services by uploading viruses or other malignant code that may damage the security of the Services.
- You may not engage in any actions that may test the vulnerability of our Services without our written permission.
- You may not engage in any way in actions that violates these Terms of Service.
9. Your Account
By agreeing to these terms you acknowledge that you are responsible for all the activity occurring in your account. This is why we encourage you to keep your account as secure as possible by, for example, choosing a unique password.
You declare by using our Services that:
- You may only create one account for yourself.
- You may not create a new account for yourself in case your previous account has been banned or terminated from our Services.
- You may not share your password except on accounts representing a business or other entity where you may share the password between authorized representatives of the business or entity.
If you think someone else has access to you account, contact our support as soon as possible.
10. Data Charges and Mobile Phones
Cutnut does not take any responsibility for any mobile charges that you may incur while using our Service. Make sure to contact your service provider in case you are unsure how your usage of mobile data is charged.
11. Third-Party Services
Any third-party services you may use in cohesion with our Services will be governed by the terms of the respective service provider. Cutnut takes no responsibility of the third-party terms you may agree on.
12. Modifying the Services and Termination
We are constantly attempting to improve our Services to ensure the best possible user experience on our Services. Because of that, we may implement additional features and functions to our Services that may require us to take down our Services for the required time period. We may do so at any time without providing you notice before that such offline maintenance or amendment is implemented.
You may terminate these Terms of Service at any time by deleting your account. Cutnut remains the right to terminate these Terms at any time or any reason.
Upon termination of these Terms of Service, Cutnut reclaims the full right for the username of the user.
Sections 3, 6, 10 and 12-20 of these Terms of Service continue to bind the both parties after the termination of these terms no matter who terminates these Terms of Service.
You agree to indemnify Cutnut and all or its agents from and against all legal motions and claims that arise or are related to:
- Your usage of our Services;
- Your content; or
- You breaching these Terms of Service.
We are trying hard to keep our Services working as fluently as possible but we cannot guarantee uninterrupted access to our Services at all times.
The services are provided "as is" and "as available" and to the extent permitted by applicable law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while Cutnut attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any Cutnut content, user content, or information you obtain on or through the services will be timely or accurate.
We do not guarantee that our Services are at all time secure, error-free and that our Services function without delays and crashes.
You acknowledge that Cutnut does not take responsibility of the content brought on to our Services and that you may be exposed to unwanted content containing unwanted material such as illegal, inappropriate or offensive material.
15. Limitation of Liability
Cutnut and all our agents will not be liable, to the furthest possible extent permitted by applicable law for any type of harm that may incur to you from:
- Your access, use or inability to access or use to our Services
- The actions or content of other users
- Someone else accessing your account, editing your content, also in situations where you have informed Cutnut of a possible compromise to your account security.
In no event will Cutnut's aggregate liability for all claims relating to the services exceed the greater of €100 EUR or the amount you paid Cutnut, if any, in the last 12 months.
Certain jurisdictions prohibit limitations to certain liabilities, meaning that in certain situations the full scope of the limitation to liability may not be applicable to you.
16. Exclusive Venue
You and Cutnut agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the District Court of Hamburg. You and Cutnut mutually give consent to the jurisdiction of the court.
17. Choice of Law
Except to the extent they are preempted by German federal law or EU law, the laws of Hamburg govern these Terms and any disputes arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. Additional Terms for Specific Services
Any additional Terms of Service that we may include to our Services will become part with our contract with you if you choose to use them.
20. Final Terms
- These Terms make up the entire agreement between you and Cutnut, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control
Cutnut welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting our website and filling out the contact form.