Welcome to the First Cut Application for mobile devices (the 'App'), brought to you by Firstcut., which will be referred to here as 'Firstcut,' the 'Company,' or by words such as 'us,' 'we,' or 'our.' The term 'App,' as used herein, includes any App as updated, and any App you re-download, unless such Apps are offered with separate terms. The App will enable you to purchase, download, and watch videos, graphical literature, and any related content available through the App (. This End User License Agreement governs your use of the App, the Digital Content, and related Firstcut services and is a legally binding agreement between you and the Company. By downloading the App or any Digital Content, or otherwise accessing or using the Service, you agree that you have read and understood, and agree to be bound by, this EULA. If you do not agree, you may not use the Service or any Digital Content. Google Play is a trademark of Google Inc.
1. Limited License The App and the Digital Content are licensed, not sold, to you. Subject to your complete and ongoing compliance with all the terms and conditions set forth in the EULA, the Company grants you a limited, non-sublicensable, non-exclusive, non-transferable, revocable license to install one copy of an App downloaded directly from the Google Play Store, and to use an App so installed, in each case: (A) solely in object code format, and solely for your personal use for lawful purposes, (B) on only one mobile or tablet device (your 'Device') (i) that is compatible with the App and for which the Company makes the App available on the Google Play Store, and (ii) that you own or rightfully control, and onto which you lawfully download the App, (C) to access the Service and Digital Content for your personal, non-commercial use, solely through the use of a licensed copy of the App.
2.Limitations on Use
A. You may not sell, rent, lease, lend, transfer, assign, sublicense, share any rights to, reproduce, distribute, publicly display or perform, modify, or prepare any derivative work based on, the App or the Digital Content, or publish or otherwise make the App or Digital Content available to others. You may not, and may not encourage, authorize, or assist others to, (a), reverse engineer, decompile, disassemble, or in any way access or attempt to access the source code for the App, or make or attempt to make any modification to the App or (b) modify, defeat, interfere with, or circumvent any feature of the App, including, without limitation, any security or access control mechanism, including features requiring payment of the applicable purchase price for any Digital Content. You may not remove any proprietary notices or labels on the Digital Content.
B. The Company reserves the right to revoke your license to the App and the Digital Content if you violate the terms of this EULA or the Company cannot lawfully continue to permit such license. You acknowledge and agree that Digital Content may not be available to view, use or display under certain conditions, such as due to restrictions imposed by owners or licensors of the Digital Content or if the Company or the owner or licensor of the Digital Content no longer has the legal rights necessary to authorize distribution of that Digital Content. The Company may edit or discontinue the providing of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Any unauthorized use by you of the App or the Digital Content automatically terminates the license set forth under this EULA, without prejudice to any other remedies offered by applicable law or this EULA.
C. If you are prohibited under applicable law from using the App or the Service, you may not use them.
D. You may not, in connection with the Service, use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service or to covertly intercept any system data, personal information, or other data relating to the Service. You may not take any action that would impose an unreasonable or disproportionately large load on our network or other infrastructure.
E. You must be at least thirteen (13) years old to use the App or the Service. Use of the App or the Service, by anyone under the age of thirteen (13) is unauthorized and unlicensed. If you are between thirteen (13) and eighteen (18) years old, you may only download and use the App and the Service with your parents' or guardian's approval.
F. Use of the App or the Service for a commercial purpose is unauthorized and unlicensed.
3. Intellectual Property and Other Rights The Service is owned and operated by Firstcut. The Digital Content, interactive elements, information, graphics, features, compilation, computer code, software, visual interfaces, design, products, look and feel, and all other elements of the Service (the 'Firstcut Materials'), are protected by the laws of the United States and other jurisdictions relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. All Firstcut Materials, including intellectual property rights therein and thereto, are the property of the Company or its subsidiaries or affiliated companies and/or third-party licensors. You may not reproduce, rent, lease, modify, sell, license, distribute, copy, publicly perform or display, transfer, publish, transmit, edit, adapt, prepare derivative works based on, or otherwise use the Firstcut Materials except as expressly authorized by this EULA. The Company reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest in or to the Firstcut Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
4. Reporting Infringement We respect the intellectual property rights of others. If you believe that any content on the Service infringes your intellectual property rights, you should contact us using the information in Section 21 and provide sufficient information for us to investigate the claim further.
5.1 We may disclose to third party services certain personally identifiable information listed below:
-information you provide us such as name, mobile, email, phone number.
-Information we collect as you access and use our service, including device information, location and network carrier
5.2 This information is shared with third party service providers so that we can:
-Personalize the app for you
-Perform behavioral analytics
6. Subscription Policy Subscription for Certain features of the Service, such as viewing Premium Content on FirstCut, downloading or viewing certain Digital Content, require the payment of fees. All such fees must be paid in advance. The Subscription Amount billed are non-refundable irrespective of whether the Subscription has been availed by You or not. Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund.
7. Third Party Fees The use and operation of your Device and your use of mobile network services in connection with your use of the Service may be subject to separate third party terms of service and fees. You are solely responsible for payment of any and all such fees and compliance with any and all applicable terms.
8. Changes to this EULA The Company may change this EULA at any time without notice to you. If the changes are material, the Company will notify you by posting or displaying a notice on an updated App available for free download, by email, or by any other method the Company chooses in its discretion. Changes are effective (the 'Effective Date') when the revised EULA is made available through the App or through any other method the Company chooses, or at any later date specified in the notice or the revised EULA. Your use of the Service, including the Digital Content and the App, after a change is effective will be governed by the EULA as changed. You should review the EULA periodically while you are connected to the Internet so that you are aware of the most current rights and obligations relating to use of the App and the Service. No changes to the EULA will apply to your use of the Service prior to the Effective Date. The EULA will note the effective date of each version.
9. Term and Termination The EULA will remain in effect until terminated. The EULA, and your license hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling all Apps, deleting all Digital Content, and ceasing use of the Service. The Company may terminate the Service and/or the EULA at any time, except as prohibited by applicable law. After the termination of the EULA, any dispute relating to the App, the Digital Content, or the Service will be governed by the rights and remedies, including the limitations thereof, set forth in the EULA.
10. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS, DOWNLOAD, AND USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK. THE APP AND THE SERVICE ARE OFFERED "AS IS," 'WITH ALL FAULTS' AND 'AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, OF ANY KIND, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, APPROPRIATENESS, AND TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, AND THEIR SUCCESSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE, ARISING OUT OF OR RELATING TO THE APP OR THE SERVICE, OR ANY DAMAGES ARISING OUT OF OR RELATING TO UNLICENSED OR UNAUTHORIZED USE OF THE APP OR THE SERVICE, OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE APP OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND WHETHER OR NOT THE COMPANY AND ASSOCIATES HAVE BEEN ADVISED OF, KNOW OF, OR COULD FORESEE THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY AND ASSOCIATES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE YOUR CLAIM AROSE, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF LIABILITY, AND, ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Basis of the Bargain and Risk Allocations TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THIS EULA IN RELIANCE ON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THOSE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE DISCLAIMERS AND LIMITATIONS.
13. Indemnification You agree to indemnify, defend, and hold harmless the Company and Associates against any losses, liabilities, claims, causes of action, and expenses arising out of or relating to your use of the Service, your violation of the EULA, or your violation of any applicable law or regulation.
14. Governing Law This Agreement shall be construed in accordance with, and all actions arising under or in connection therewith shall be governed by the laws of India. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the parties hereto, their assignees, their affiliates or agents, shall be subject to the jurisdiction of the High Court, New Delhi, India.
15. Legal Restrictions Use of the Service is unauthorized and unlicensed wherever it is unlawful under applicable law. You may not download or install the Firstcut App or use the Service at any place or in any manner that would violate any applicable technology control, export, or import laws. Any offer of any feature, product or service is void where prohibited. The Company may limit or deny to any person, in its sole discretion, access to any feature, product or service.
16. Severability If any provision of this EULA is held to be unlawful, invalid or unenforceable, the remaining provisions of this EULA shall be unimpaired and remain in full force and effect, and to the maximum extent permitted by applicable law, the illegal, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term.
17. Captions The title of and captions in this EULA are for the convenience of the reader and shall not affect the interpretation of the EULA.
18. Assignment The Company may, in its sole discretion, assign its rights and/or delegate its duties under this EULA. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold in its sole discretion, shall be void.
19. Entire Agreement This EULA is the entire agreement between you and the Company with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, arrangements, understandings, and representations, whether oral or written, regarding the subject matter hereof. This EULA may be changed only by the Company as described in Section 8, or by a written agreement signed by you and an authorized executive officer of the Company.
20. No Waivers The failure to exercise, or delay in exercising, a right, power, or remedy available under this EULA or applicable law shall not constitute a waiver of that right, power or remedy. Waiver by the Company of any obligation or breach of this EULA shall not operate as a waiver of any other obligation or other breach of the EULA.
21.Contacting the Company The Service is offered by Firstcut. You may contact us at firstname.lastname@example.org
22. Disclosures Regarding Copyrights In Works Related To The Operation Of The Service