Cut Cut User Agreement

Last Updated: 21 May 2024

1. Preamble

Welcome to use Cut Cut!

Cut Cut (hereinafter referred to as “Cut Cut” or “this Product”) is a photography product developed, operated and managed by Qilin Hesheng Network Technology Co., Ltd. (hereinafter referred to as “APUS”, “we”, “us” or “our”). The Cut Cut User Agreement (hereinafter referred to as “this Agreement”) is an agreement entered into by and between you and APUS on your registration, login and use (hereinafter referred to as “Use”) of this Product and the relevant services.

In order to better provide you with products and services, we remind you to do carefully read and fully understand this Agreement (especially the terms concerning exemption or limitation of liabilities, the terms concerning right licensing and information use, the terms concerning consent to enabling and use of special individual services, and the terms concerning governing laws and dispute resolution) before you start your Use of this Product. In particular, important contents such as the terms concerning exemption or limitation of liabilities are in bold to arouse your special attention. This Agreement shall constitute a legally binding agreement between you and APUS on this Product and your Use of this Product. Do not use this Product unless you have read and accepted the terms of this Agreement. If you do not agree to this Agreement, we will not be able to serve you normally. Once you use this Product, you are deemed to have read and agreed to be bound by this Agreement and other agreements and rules in connection with this Agreement (including but not limited to “Cut Cut Privacy Policy”).

This Product is not provided for minors under 16 years of age (or the minimum age required by the laws of the EU member states). Such persons’ claiming to accept the terms of this Agreement shall be null and void. If you are a minor meeting the above conditions, you shall, accompanied by your guardian, read the terms and conditions of this Agreement and use this Product with the approval of your guardian.

2. About Cut Cut

Cut Cut is a full-featured camera product launched by APUS. It features a full-featured, fast-acting camera. At the same time, Cut Cut is also a picture Community platform, providing users with a platform for high-quality content publishing and content browsing.

Cut Cut offers the following features:

1.Camera function: Provide users with fast, high-quality camera function, help users better record the good life.
2.Editing function: Provide users with functions such as picture editing, picture cutting and effect enhancement to help the user to beautify the picture.
3.Album function: Help users browse photos (album), manage photos (album), edit photos (album).
4.Beauty function: Through the key face recognition, the organ classification helps the user to complete the beauty effect enhancement with one click.
5.Art Filter Function: Provide users with artistic style filters with online service.
6.Picture Community Function: Users can browse pictures and texts shared by users all over the world, and users can also share their pictures and texts with others by uploading their pictures to the picture Community and downloading pictures from the picture Community.
7.Watermark function: Provides users with personalized watermarking services, including geographic watermarks and system time watermarks.
8.Online resource function: Support users to download filters, stickers, posters, puzzles, beauty resources and other props online.
9.Account function: The user can log in the product account through a third party account. With account login, users can publish their pictures at the picture Community and also use the like function of the picture Community.
10.Integration function: The logged-in user can obtain the corresponding points by completing the integration task. The points can be used to purchase online props and value-added services in other applications
11.Pre-activation service: In order to strictly comply with the laws and policies of the relevant countries or regions, we provide a pre-activation service to determine the country or region where the user is located. Users can also manually select the country or region where they are located. We will record the user’s choices on the server.
In order to provide free and high quality app services, we shall publish advertisements during your usage of our products. In the meantime, you still have the right to choose personalized or non-personalized ads. If you opt out seeing personalized ads, you’ll still see ads, but they’ll be less relevant.

\12. membership subscription: Users can become premium member by subscribe to our membership. Premium member is able to enjoy unlimited assets in Cut Cut and with no advertisement.

3. Third-party Products and Services

3.1. When using this Product, you may access third-party products or services in the following ways:

1.Embedded Links: Both the search suggestion feature and the webpage translation feature provide users with the corresponding services by embedding the links to the services provided by the corresponding third parties;
2.Jump Links: Both the search feature and the webpage access feature provide users with search and browsing services by jumping links;
3.Embed Third Party Services: In order to support product-related features, we need to embed third-party services to this Product. These third-party services include services for group information statistics and anti-cheating, services for recommendation of personalized advertisements, etc.
4.Using The System Interface: Some functions in the product need to use the system interface to provide services for users. For example, the web browsing function needs to use the API provided by the Android system and the API provided by Android WebView.

3.2. You know and understand that third parties operating these services may require you to provide personal data. APUS will provide these agreements and rules in a conspicuous manner for your review and consent when you plan to use the aforesaid one-way services. Once you start using the aforesaid services, you are deemed to have understood and agreed to be bound by the relevant agreements and rules related to the individual services. APUS specially reminds you to make sure to carefully read user agreements, privacy policies and other related documents of such third parties, provide personal data according to your needs, and properly protect your personal data. If you have any disputes or suffer any losses from use of third-party products or services, you shall settle the disputes or losses with the third parties by yourself, and APUS will not bear any legal responsibility for the aforesaid disputes or losses.

4. Software Licensing and Use

4.1. Scope of Licensing of this Product

APUS grants you a worldwide non-transferable, revocable and non-exclusive license (hereinafter referred to as “this License”) for non-commercial use of this Product. The sole purpose of this License is to enable you to use this Product in the manner permitted by this Agreement. You agree to use this Product only for personal and non-commercial purposes permitted by this Agreement and any applicable laws, regulations or accepted practices and guidelines of the relevant jurisdiction.
All the other rights not granted herein shall be retained by APUS and you shall obtain our written permission prior to the exercise of these rights. APUS’s not exercising any of the aforesaid rights shall not constitute a waiver of that right.

4.2. Obtaining, Installation, Updating and Uninstallation of this Product

You can obtain this Product from APUS’s official website (the domain name is APUS apps.com), by pre-installation, by downloading from third parties authorized by APUS, or by other means. If you obtain this Product or an installation program having the same name as this Product from a third party not authorized by APUS, APUS will not guarantee the normal use of product from such unauthorized source, and the losses you suffer therefrom shall have nothing to do with APUS.
We have developed different application software versions for different terminal devices, and you need to obtain, download and install the appropriate version based on the actual device conditions.
To better enhance user experiences and services, we will irregularly provide updated versions of this Product (including but not limited to software upgrades, replacements and new feature developments), you may update the corresponding version by yourself as needed. After partial or whole updating of this Product, we will remind you in an appropriate manner (including but not limited to system prompts, announcements and in-website messages) and you have the right to choose to accept the updated version; and if you choose not to update, some features of this Product may be limited or cannot be normally used.
If you no longer use this Product, you can uninstall the application software for this Product by yourself. Given that we cannot unilaterally become aware of your uninstallation, your personal data may continue to be stored on our server after you uninstall the software. If you would like us not to retain your personal data after you uninstall this Product, we suggest that you send us a request to delete your personal data before uninstalling this Product. We will respond to your request in accordance with the procedures disclosed in the Cut Cut Privacy Policy and Cut Cut Account Privacy Policy.

5. User Instructions

5.1.Basic Rule

YOU UNDERSTAND AND AGREE THAT:

Use the Cut Cut Services only for personal purposes (you may not use them for commercial purposes).

DO NOT:

  1. Use the Cut Cut Services for any illegal or unauthorized purpose.
  2. Modify or adapt the Cut Cut Services, or create or modify another website or mobile application so as to falsely imply that it is associated with Cut Cut or the Cut Cut Services.
  3. Attempt to gain unauthorized access to the Cut Cut Services or its systems or networks, or access Cut Cut 's private API by any means other than in compliance with rules we set on API access.
  4. Crawl, scrape, or otherwise cache any content from the Cut Cut Services, including but not limited to user profiles and photos.
  5. Spam or submit any unwanted email or comments to any users of the Cut Cut Services.
  6. Use web URLs in your username without prior written consent from Cut Cut.
  7. Transmit any worms, viruses, or other destructive code.
  8. Resell or charge others for use of or access to the Cut Cut Services.
  9. Duplicate, reproduce, transfer, give access to, copy or distribute any part of the Cut Cut Services in any medium without Cut Cut 's prior written authorization.
  10. Attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the Cut Cut Services.
  11. Access any part of the Cut Cut Services in order to build a similar or competitive service.
  12. Interfere with or disrupt the integrity or performance of the Cut Cut Services or data. Carry out any activities endangering the computer network security by using or targeting at this Product, including but not limited to: use of unauthorized data or access to unauthorized servers/accounts; unauthorized access to the public computer network or other computer systems, and deletion of, modification of or addition to the stored information; unauthorized attempts to detect, scan or test the vulnerabilities of the system or network of this Product, or other acts that disrupt network security; attempts to interfere or destroy the normal operation of the system or network of this Product, intentional spreading of malicious programs or viruses, and other acts that disrupt the normal network information services; falsification of names or partial names of TCP/IP packets;

6. User Generated Content

6.1 During your use, you must not create any of the following content, which includes:
6.1.1 Sexually explicit content
We don’t allow materials that contain or promote sexually explicit content, such as pornography. In general, we don’t allow content intended to be sexually gratifying.
Here are some examples of common violations:
• Depictions of sex acts or sexually suggestive poses.
• Promotional images of sex toys.
• Content that depicts, describes, or encourages bestiality.
• Apps that promote escort services or other services that may be interpreted as providing sexual acts in exchange for compensation.
6.1.2 Hate speech
We don’t allow materials that promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization
6.1.3 Violence
We don’t allow content that depict or facilitate gratuitous violence or other dangerous activities.
Here are some examples of common violations:
• Graphic depictions or descriptions of realistic violence or violent threats to any person or animal.
• Content that promote self harm, suicide, eating disorders, choking games or other acts where serious injury or death may result.
Terrorist Content
We do not permit terrorist organizations to publish materials on our service for any purpose, including recruitment.
We don’t allow content related to terrorism, such as content that promotes terrorist acts, incites violence, or celebrates terrorist attacks. If posting content related to terrorism for an educational, documentary, scientific, or artistic purpose, be mindful to provide enough information so users understand the context.
6.1.4 Sensitive events
We don’t allow materials that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, conflict, death, or other tragic event.
6.1.5 Bullying and harassment
We don’t allow materials that contain or facilitate threats, harassment, or bullying.
6.1.6 Dangerous products
We don’t allow materials that facilitate the sale of explosives, firearms, ammunition, or certain firearms accessories.
Restricted accessories include those that enable a firearm to simulate automatic fire or convert a firearm to automatic fire (e.g. bump stocks, gatling triggers, drop-in auto sears, conversion kits), and magazines or belts carrying more than 30 rounds.
6.1.7 We don’t allow the materials that provide instructions for the manufacture of explosives, firearms, ammunition, restricted firearm accessories, or other weapons. This includes instructions on how to convert a firearm to automatic, or simulated automatic, firing capabilities.
6.1.8 Deceptive or harmful financial instruments
6.1.9 Issue the content, services, and ads that facilitate for gambling
6.1.10 Modify the Content that changes the context of what is depicted.
6.1.11 Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
6.1.12 Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
6.1.13 Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
6.1.14 Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.

6.1.15 Harm to minors. Don’t post or solicit any material relating to minors that is sexually suggestive, violent, or bullying. Don’t post pictures of other people’s kids unless you have permission. Don’t upload images of nude minors, even if they are your own. When appropriate, Cut Cut will refer this content to law enforcement.

6.2 Limited License
Regarding Content you publish on the picture Community during your Use, you understand and agree to grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute such Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You also hereby grant each user of this Product a non-exclusive license to access Content you published on the picture Community, and to user, reproduce, distribute, display and perform such Content as permitted through the features of this Product and under this Agreement. The above license granted by you regarding such Content terminate within a commercially reasonable time after you remove or delete your Content from the picture Community. You understand, however, that APUS may retain, but not display, distribute, or perform, server copies of your Contents that have been removed or deleted. You understand that we will not pay you for any use of your Contents and that your Contents will be made available to the public for their use without providing you attribution or compensation.

6.3 License to Photos
As you may browse and download Content that has been uploaded during users’ Use of this Product, we remind you, however, that you must download and use Content in accordance with relevant provisions in the Agreement. We encourage you to familiarize yourself with such provisions, as well as the accompanying FAQs. Note that pursuant to this Agreement you do not have the right to use:
• Trademarks, logos, or brands that appear in Content;
• People’s images if they are recognizable in Content;
• Works of art or authorship that appear in Content.
If you download Content with any of these depicted in them, you may need the permission of the trademark owner or individual depending on how you use the Content. If you aren’t sure, you should probably talk to a lawyer who knows about these things.

6.4 SAVING AND SHARING

The Cut Cut Services allow you to (1) keep Content private from the Community by only saving to your Gallery, (2) share your Content with the Cut Cut Community by uploading it to Cut Cut, or (3) share your Content with third-party services like Instagram, Facebook, and others.

6.4.1 Content you share with the Cut Cut Community. When you post to the Cut Cut Community, your Content is made available to the public. This typically means that anyone who is following your account can see it, as well as anyone who searches for the hashtag(s) with which you label the Content. It also means that your Content might be featured in our apps or website, or appear in our emails or other communications.

6.4.2 Content you share with third parties. When you share your Content through a third-party service that is integrated with the Cut Cut Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we’ve modified, as needed) to that third-party service. This means that the third-party service’s handling of your Content will be subject to its own agreement with you, for which we are not responsible.

6.4.3 Hashtags and co-creation. Most hashtags are descriptive of Content, but some hashtags have developed meaning within the Cut Cut Community. Also, we occasionally run promotions that users enter using various hashtags that change the nature of the license you grant in Content. Cut Cut does not guarantee that promotions will receive proper marketing that votes and tallies are accurate, or be reported properly.

6.5 Cut Cut content

The Cut Cut Services contain Content owned by Cut Cut and its licensors (collectively the “Cut Cut Content”). Cut Cut Content is protected by copyright, trademark, patent, trade secret and other laws, and Cut Cut and its licensors own and retain all rights in the Cut Cut Content and Cut Cut owns and retains all interest and rights in and to the Cut Cut Services. Cut Cut hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the Cut Cut Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the Cut Cut Services. This means that you can make your own Content that uses certain Cut Cut Content and use it for non-commercial purposes, but you may not use Cut Cut Content in other programs or applications. This applies even if you “buy” Content –when you subscribe Cut Cut, you receive a personal non-commercial license to use the Content; you do not own Cut Cut Content.

6.6 Copyright

You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else’s work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Cut Cut Content or User Content or any other third party Content appearing on or through the Cut Cut Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:

1.You own the Content posted by you on or through the Cut Cut Services or otherwise have the right to grant the license set forth in this section.

2.The posting and use of your Content on or through the Cut Cut Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and the posting of your Content on the Cut Cut Services does not result in a breach of contract between you and a third party.

3.You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Cut Cut Services being in violation of this section.

6.7 DIGITAL MILLENNIUM COPYRIGHT ACT

Cut Cut specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Cut Cut Services any material that infringes any proprietary rights of any person or entity, including copyrights. Cut Cut will remove any and all Cut Cut Content or User Content if properly notified that such Cut Cut Content or User Content infringes another’s intellectual property rights. We respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances.

It is Cut Cut’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

6.7.1 PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS: If you believe that material or content residing on or accessible through the Cut Cut Web site or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

6.7.2 ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT: It is Cut Cut’s policy:

6.7.3 PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

If a counter-notice is received by the Designated Agent, Cut Cut may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Cut Cut’s discretion.

7. Terminate your user qualification

WE RESERVE THE RIGHT, FOR ANY REASON AND WITHOUT NOTICE AT ANY TIME, TO:

7.1 We do not undertake an obligation to monitor Content published via your account. If we become aware and determine in our sole discretion that any Content thereof (a) violates any applicable law or (b) violates this Agreement, your permission to use the Service will terminate automatically.

7.2 Force forfeiture of any username including, but not limited to, a username that becomes inactive, violates the trademark or legal claim of a third party, or misleads other users.

7.3 We have the right to refuse or limit your Use and remove any and all Content and information you may have provided at any time (with or without notice) without liability to you. Remove any Content and/or accounts in our sole discretion. Examples of accounts and Content we endeavor to remove include accounts with Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

7.4 If this Agreement or your Use is terminated for any reason, APUS may retain or delete any information, such as all data in your account or data stored in our servers as a result of your Use. If you breach any of these Terms, your permission to use the Service will terminate automatically.

8. Subscriptions

  1. Your Use of some parts of Cut Cut are billed on a subscription basis (“Subscription(s)”). Subscription provides access to dynamic content or services from within Cut Cut on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in Cut Cut (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of Cut Cut.

2) Trial Subscription is offered free of charge for certain period of time from activation specified in the relevant offer in Cut Cut. If you do not cancel the Subscription within such period, Subscription fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the three-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. Cut Cut cannot cancel your free-trial subscription if it has already been activated.

  1. Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from Your Itunes or Google Play account during 24 hours preceding the expiry of the current Subscription. In case Subscription fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.

  2. Once you have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Itunes or Google Play account setting. You cannot cancel Your current Subscription if it has already been activated.

  3. Except when required by law, paid Subscription fees are non-refundable.

  4. Cut Cut in its sole discretion and at any time may modify the Subscription fee. Any Subscription fee change will become effective at the end of the current Subscription period. You will be provided a reasonable prior notice of any change in Subscription fee. If you do not take action to agree to the increase in Subscription fee, Your Subscription shall expire at the end of the current Subscription period.

  5. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform you downloaded Cut Cut, and are governed by their terms and conditions. If you have any payment related issues, then you need to contact App Store or Google Play directly.

9. User Privacy Protection

APUS is committed to respecting and protecting your privacy. You can read the Cut Cut Privacy Policy to learn how we handle your personal data, and the channels provided for you to access and control your personal data.

10. Statement of Rights

10.1 APUS shall have the legal rights with respect to the information that is contained in this Product and protected by intellectual property rights or other laws and regulations, including but not limited to ownership, intellectual property rights (no matter whether such rights have been recorded/registered and no matter whether they exist anywhere in the world) and other relevant interests. Without APUS ’s written permission, nobody shall use (including but not limited to monitoring, copying, spreading, displaying, mirroring, uploading or downloading through any robots, spiders and other programs or devices), copy this Product or use this Product for other purposes.

10.2 APUS provides technical support for product development and operation, and shall have all the legally permitted rights to all the data and information generated in development, operation or other stages of this Product.

10.3 When using this Product, you shall in no way cause any damage to the proprietary rights of APUS and/or its licensors, for example, you shall not use trademarks, names or logos in such a way as to confuse the owners or the authorized users of any persons’ trademarks, names or logos.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, APUS, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH SERVICES RELATED TO THIS PRODUCT AND YOUR USE THEREOF. APUS 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 SERVICES. APUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APUS 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.

12. Limitation of Liabilities

12.1 APUS does not warrant authenticity, accuracy or integrity of any third-party contents, advertisements, publicity materials and any other information (hereinafter collectively referred to as “Third-party Information”) that you have obtained from this Product. If any entity or individual carries out any activities by using the aforesaid “Third-party Information”, you must identify the authenticity and cautiously prevent risks by yourself.

12.2 IN NO EVENT SHALL APUS, 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 OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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 OUR SERVICES, 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 APUS SHALL NOT BE LIABLE FOR CONTENT 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.
This Product and services associated controlled and offered by APUS from its facilities People’s Republic China. APUS makes no representations that this Product and associated services are appropriate or available for use in other locations. Those who access or use this Product and associated from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless APUS, its parent corporation, officers, directors, employees and agents, 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 this Product and associated services; (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 your Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

14. Miscellaneous Terms

14.1 The Cut Cut Privacy Policy shall be an integral part of this Agreement and APUS shall have the right to amend the terms of this Agreement and/or the relevant terms when necessary.

14.2 If you continue to use this service after the terms of this Agreement are changed, you shall be deemed to have accepted the amended Agreement. If you do not agree to the changes or additions, you have the right to terminate this Agreement and discontinue the use of this Product.

14.3 If some terms of this Agreement are invalid or unenforceable for whatever reason, the remaining provisions shall still be valid and legally binding on you and APUS.

14.4 If you have any comments or suggestions on any provision of this Agreement, please contact our dpo at any time. E-mail address is: cutcutcut-dpo@outlook.com