This website https://cutoutmedia.com is operated by Cutout Media (referred to as we, us, and our), a Pakistan-based Corporation. We offer information, products, tools, and services available from this site to each user (authorized person, employees, consultants, contractors, agents, third parties) of the site, contingent upon the acceptance of all terms, conditions, policies, and notices in this document. Visiting, browsing, accessing, or using any part of the website will be considered as using our “Services” and your consent and an agreement to become bound by the Terms of Service (referred to as Terms). Please read these Terms carefully before accessing or using this site.
Section A -Your Cutoutmedia.com Account and Site
- Our products and services are available only to individuals who are at least 13 years old.
- You need to offer an unconditional acceptance to the Terms in this document to be able to proceed and use this website, its features, tools, products, and services.
- You must provide your credentials honestly and truthfully, i.e., full name, address, email address, zip code, or any other information we request.
- You may not use our products or services for any illegal, unauthorized purpose, nor violate any laws in your jurisdiction. Failure to do so or a proven misuse will result in immediate termination of services.
- If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the products or services.
- You must create an account yourself without using any automated means, e.g., bots.
- By submitting Content to Cutout Media for inclusion on your Website, you grant Cutout Media a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, Cutout Media will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Cutout Media has the right (though not the obligation) to, in Cutout Media’s sole discretion (i) refuse or remove any content that, in Cutout Media’s reasonable opinion, violates any Cutout Media policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cutout Media’s sole discretion. Cutout Media will have no obligation to provide a refund of any amounts previously paid.
Section B – Your Cutoutmedia.com Account.
- The person/entity who creates an account and whose payment method is charged will be the account holder.
- The user is responsible for maintaining the security of the account and for all associated actions taken in connection with the account.
- The user must immediately notify Cutout Media of any unauthorized uses of his/her your account or any other breaches of security at any stage.
- Section C – Products and Services. Some of our products and services may only be available online through the site.
- We have the right to limit the number of products or services we offer, and all descriptions of products and their pricing are subject to change at any time without prior notice.
- We are not responsible for any liability associated with meeting your expectations towards our products, services, or information shared online or in extracted form.
- We have the right to limit or discontinue our products or services to any person, geographic region, or jurisdiction as we deem appropriate at the point in time.
Section D – Accuracy and Timeliness of Information
- The information provided by Cutout Media in the form of any report, analysis, document, etc., in the online interface or extracted data form, is provided for general information only or as an aid to decision-making and should not be solely relied upon or used as an exclusive basis for making decisions.
- Any usage, interpretation, evaluation, or reliance of any sort is done at users’ or any third-party representation’s sole and exclusive risk. Cutout Media will not be responsible for any consequences.
- We will provide data, analysis, reports, estimation, reasoning, judgment, opinions, summaries based on its experience, and we are not liable for the consequences of your interpretation.
- We will use historical data from time to time and will not necessarily be current is furnished for your reference only.
- We reserve the right to make changes to the website contents at any time, but have no obligation to update any information on our website.
Section E – Billing, Payment, and Renewal. General Terms:
By selecting a product or service, you agree to pay Cutout Media the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Automatic Renewal:
Unless you notify Cutout Media before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you according to the pricing plan or chosen package. Upgrades can be canceled at any time by submitting your request to Cutout Media in writing.
Fees Payment:
By signing up for a Services account, you agree to pay Cutout Media the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.
Price and Subscription Plans Changes:
Cutout Media reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Cancellation:
You can stop the payments and end your membership at any time on a thirty (30) days written notice to Cutout Media.
No Refunds:
We do not provide refunds or credits for any partial membership/used periods. Your account will automatically close at the end of your current billing period following your cancellation.
Section F – Intellectual Property and DMCA Copyright Policy Intellectual Property:
Contents, features, functionality, look, trademarks, service marks, logos are owned by Cutout Media. The term ‘content’ includes information, text, videos, audio clips, pictures, data, codes, software scripts, graphics. We grant you no right or license to reproduce or otherwise use any Cutout Media or third-party trademarks. You agree to not copy, modify, publicly display, or republish any of our intellectual property.
DMCA Policy and Copyright Infringement:
As Cutout Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on violates your copyright, you are encouraged to notify Cutout Media in accordance Digital Millennium Copyright Act (“DMCA”) Policy. Cutout Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cutout Media will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cutout Media or others. In the case of such termination, Cutout Media will have no obligation to provide a refund of any amounts previously paid to Cutout Media.
Section G – Changes to Terms of Service.
An updated copy of this document will be available at all times on this page for your access. Cutout Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. The changes could be due to modification of existing Terms or following the introduction of new services. It is your responsibility to keep track and check this Agreement from time to time or periodically to keep yourself updated. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
Cutout Media may also introduce new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the existing terms and conditions of this Agreement unless stated otherwise.
Section H – Launchpad Subscription.
Cutout Media will neither record any credit card information nor with any company other than Cutout Media which we will be responsible for billing purposes. By subscribing to our service, you will be registered for the entire term of the subscription period. The fee will be due at the beginning of the billing period, i.e., date of subscription. We reserve the right to deny any product launch or submission at our sole discretion and without notice.
Section I – Termination
Cutout Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cutout Media account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Cutout Media if you materially breach this Agreement and fail to address and make changes to the objections raised within thirty (30) days from Cutout Media’s notice to you thereof; provided that, Cutout Media can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Section J – Limitation of Liability, Disclaimer of Warranties, Indemnification Limitation of Liability:
In no event will Cutout Media, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cutout Media under this agreement during the twelve (12) month period prior to the cause of action. Cutout Media shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification:
You agree to indemnify and hold harmless Cutout Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Disclaimer of Warranties:
The Website is provided “as is”. Cutout Media and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Cutout Media nor its suppliers and licensors, makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Our service may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by Cutout Media or by Third Party Providers or causes beyond our reasonable control.
Section K – Force Majeure
Cutout Media will not be liable for any failure or non-performance of these Terms for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, hackers, strike, third-party internet providers, government orders, power failures, nuclear destruction, calamity or any other force majeure event.
Miscellaneous:
Accepting these Terms does not create a partnership, joint venture, franchise, agency, fiduciary or employment relation between Cutout Media and the user.
Headings:
Section headings (and their sequence) contained in this document are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.
Waiver:
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Failure to exercise or delay in exercising any right or privilege under these Terms shall not be considered a waiver.
Dispute Resolution:
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of Alberta, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Edmonton, Alberta. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
Entire Agreement:
This Agreement constitutes the entire agreement between Cutout Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cutout Media, or by the posting by Cutout Media of a revised version. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cutout Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Photography Terms of Service: By placing an order through our website, you seek to enter into a contract with Cutout Media for photography services i.e., to create and deliver images to you. The Client will be informed about the pricing details after receiving specific requirements e.g., number of images per product, location, quality, lighting, editing, formatting, delivery etc. You will be required to share the product specifications beforehand for accurate pricing and necessary arrangements like product size, product weight, number of pieces, set requirement, product assembly. A photoshoot will be scheduled as per client requirements, and details will be shared accordingly. We will require time to get the product ready for the shoot e.g., taking out of the package, assembling, cleaning etc. Please note that no last-minute changes or instructions will be entertained closer to the scheduled shoot date as necessary arrangements will already have been finalized. The Client will only be allowed to send one revision for which we will respond in 2 working days normally. We will not be responsible for reshooting product photos unless the photographer has failed to substantially match the requirements and instructions. The Client will have to resend the requirements formally in case of a request to reshoot and complete dissatisfaction with the photos. Additional charges will be charged at such an instance. Since photography is visual, written shooting