TERMS OF USE

These Terms of Service (“TOS”) describe the terms and conditions on which Startcut offers you access to the startcut.com (the “Website”), and to services provided by Startcut through the Website. You should read these terms carefully, since they apply to you if you decide to access the Website, whether as a registered user (“User”) or just browsing the Website (“Visitor”). These terms are important and we have done our best to make them readable.
BY USING ANY OF THE SERVICES OFFERED BY WEBSITE, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TOS. WE RESERVE THE RIGHT TO UPDATE AND CHANGE THE TOS FROM TIME TO TIME WITHOUT NOTICE OR ACCEPTANCE BY YOU. IF YOU DO NOT AGREE WITH THIS OR WITH ANY OF THE TERMS BELOW, YOU SHOULD LEAVE THE WEBSITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE ACCESSING THE WEBSITE OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY.
1. Description of Services
1.1. The Startcut service (the “Service”) enables registered Users to distribute video content simultaneously to various video sharing platforms and social networks (the “Platforms”) and to track the number of views, feedback and comments received in each such platform.
1.2. A User can upload a video clip in certain acceptable formats and with certain metadata (the “Content”) to the Website. The User then selects the Platforms it wishes to have the Content published on. A current list the available Platforms is available here http://startcut.com/info/sites
1.3. Startcut will automatically transcode and compile the Content to the optimal requirements for, and post the reformatted Content to, each of the Platforms selected by the User.
1.4. The User can view, via his Account, the number of views, comments and ratings received by the Content in each of the selected Platform.
1.5. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet, including a computer and modem or other access device.
1.6. You understand and agree that the Service may include advertisements and that these advertisements are necessary for Startcut to provide the Service. You further understand and agree that the Services may include certain communications from Startcut, such as service announcements, administrative messages and the Startcut newsletter, and that these communications are considered part of the Startcut’s Service. You agree not to access the Services by any means other than through the interfaces that are provided by Startcut for use in accessing the Services.
1.7. By submitting Content to Starcut in order to utilize the Services, you grant Starcut a world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of transmitting the Content to the Platform(s) on your behalf and tracking said Content as described above. This license exists only for as long as you continue to maintain an Account with Startcut shall be terminated at the time your Account is closed.
1.8. Startcut may terminate or suspend your Account and your access at any time without notice, including, without limitation, in response to a suspected violation of any of the foregoing prohibitions.

2. Registration
2.1. If you want to access or use certain features and information on the Website, including the Service, you will be required to register for Startcut account (an “Account”). In registering, you agree to provide accurate, current, and complete information, and to keep it up to date at all times. It being clarified that the information will be kept and maintained by Startcut according to the provisions of these TOS and our Privacy Policy http://startcut.com/pages/privacy
2.2. Please do not choose a login name that is indecent or offensive, or otherwise violates the TOS or any applicable laws or regulations. Startcut reserves the right to reclaim usernames or other user related information, as applicable, on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
2.3. You are responsible for safeguarding the user ID and password that you use to access Account and you undertake not to disclose it to any third party. You hereby assume responsibility for all actions taken under your Account by you or any third parties. You will notify Startcut immediately of any unauthorized use of your Account.

3. Payments and Billing 
3.1. Startcut offers Users several plans to choose from, each for a certain periodic payment and including certain features. The current plans offered are available here http://startcut.com/info/plans The prices and features of any plan are subject to change at any time.
3.2.  Startcut’s Service is offered FREE OF CHARGE for Users distributing a limited amount of non-commercial content.
3.3. Users can also select among several paid tiers of service which include additional features and increased usage capabilities. Accounts shall be pre-paid with a valid paypal payment. Pre-paid monthly plan automatically renews at the end of each month. The paypal account on file will automatically be charged accordingly.
3.4. Subscription fees are non-refundable and non-transferable. Accordingly, if you elect to cancel your subscription to the Plan to which you are subscribed, you will not receive a refund of the subscription fees previously paid to Startcut. IT IS THE USERS RESPONSIBILITY TO CANCEL THE PLAN AT LEAST 7 BUSINESS DAYS PRIOR TO THE RENEWAL IN ORDER TO NOT BE CHARGED.
3.5. You may cancel your plan at any time by providing Startcut with a notice to info@Startcut.com, including your complete account information and an explicit request to terminate the subscription
3.6. If your credit card expires or is no longer valid is, then, unless you provide a new valid credit card, Startcut will terminate the Plan prior to the start of the subsequent month.
4. Limitations of the Service.
4.1. You understand and agree that all the Content and any other data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the person from which the content originated. This means that you, and not Starcut, are entirely responsible for all Content that you upload, post, transmit, incorporate, advertise, display or otherwise make available via the Services.
4.2. Starcut hereby disclaims ownership of or control over the Content transmitted using the Service, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that under no circumstances will Starcut be liable in any way for Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or distribution of any Content posted, transmitted or otherwise made available via the Services.
4.3. You acknowledge that Starcut does not pre-screen Content, but that Starcut shall have the right (but not the obligation), in its sole discretion, to refuse or remove any Content that is made available via the Services. You agree that you must evaluate, and bear all risks associated with, the use or distribution of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4.4. You understand and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Acceptance of the Content is subject to the applicable Platform’s availability and Startcut is not liable for the failure of a Platform to accept or upload any Content.
4.5. You understand and agree that by using the Services you authorize Starcut to use information you provide to authenticate your account (including, without limitation, your email address and log-in information) for the purposes of managing your video content (including, without limitation, uploading, distributing, editing and removing video content) on your behalf and verifying your ownership of the account.
5. What you must NOT do.
5.1. You agree that you will not:
5.1.1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including any personally identifiable information or the contact information without the consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
5.1.2. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any party;
5.1.3. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5.1.4. harm minors in any way;
5.1.5. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange;
5.1.6. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs and other weapons or incendiary devices; or
5.1.7. upload, post or transmit unsolicited commercial communications, unethical marketing, advertising, or any other practice that is in any way connected with “spam”. Also defined as “spam” are any videos involving affiliate marketing, network marketing, cash gifting, multi-level marketing, phishing, or any videos that a reasonable person would consider to be a scam or misleading. Further, “spam” can include any content that Startcut deems inappropriate in the context in which it is presented;
5.1.8. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.1.9. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
5.1.10. offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorization, or (c) Startcut determines, in its sole discretion, is inappropriate for sale through the Service provided by Startcut;
5.2. You must not post, transmit, or introduce any device, computer code, malware, or routine that interferes or attempts to interfere with the operation of the Services or the Website, or interfere with the access of any other person to the Services or the Website. You must not circumvent, disable, or otherwise interfere with security-related features of Services or the Startcut Site, or features that prevent or restrict use or copying of any part of the Website or the Service.
5.3. You must not delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing in any part of the Website.
5.4. Represent that Startcut endorses or supports your site or content, or modify another website, application or service so as to imply that it is associated with the Services or the Website;
5.5. Obtain any information or materials relating to the Services or the Website or through any means not intentionally made available by Startcut to you, or attempt to gain unauthorized access to the Services or the Website, or any technology, computer systems, or networks associated with the Services or the Website, or attempt to index, search, or crawl the Services or the Startcut Site with any automated process or other similar mechanism.
5.6. Notices of purported copyright infringement should be directed to the appropriate Platform(s) who is hosting the purported infringing work in accordance with the Terms of Use of the applicable Platform(s).
6. Indemnification
You agree that you are solely responsible towards Startcut and towards any third party, for any breach of your obligations under these TOS and for the consequences, including any loss or damage which Startcut may suffer, as a result of any such breach. You agree to defend (if Startcut so requests), indemnify, and hold Startcut, its subsidiaries, and affiliates, and their respective directors, officers, shareholders, and employees, harmless from any expenses, costs, judgments, damages, loss, liability, claim, or demand (including but not limited to any attorneys’ fees) made by any third party arising out of any breach by you (or a user of your Account) of any terms or conditions of the TOS or your violation of any rights of another, whether you are a registered user or not.
7. Startcut Property Rights
The Website, the Service and the technology underlying the Service are protected by copyright, trademark, and other laws of the United States, Israel and/or foreign countries and/or international conventions, in registered or unregistered form. The trademarks, service marks and logos used and displayed on this website are registered and unregistered trademarks and service marks of Startcut and others. All right, title, and interest, including, but not limited to, intellectual property rights, in and to the Website, the Services, the technology enabling the Services, are and will remain the exclusive property of Startcut and its licensors. Except as expressly permitted in the TOS, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Startcut Site, the Services, the Software or the Startcut Content.
8. Third Party Websites
The Website may contain certain links that will let you access other websites that are not under our control. The links are only provided as a convenience and Startcut does not endorse any of these websites. Startcut is not responsible for the contents of any linked website or any changes or updates to such websites. Startcut assumes no responsibility or liability for any material that may be accessed on other websites or reached through the Startcut website. STARTCUT’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY STARTCUT PRODUCT OR SERVICE.
9. Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STARTCUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. STARTCUT MAKES NO WARRANTY THAT THE SERVICES OR THE WEBSITE WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. STARTCUT IS UNDER NO OBLIGATION TO KEEP THE SERVICE AVAILABLE OR THE WEBSITE UP AND RUNNING FOR ANY PERIOD OF TIME. STARTCUT MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THE WEBSITE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THE WEBSITE. UNDER NO CIRCUMSTANCES WILL STARTCUT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, OR LATENCY OR PROCESSING DELAY RESULTING FROM THE USE OF THE SERVICES OR THE WEBSITE OR FROM THE CONDUCT OF YOU OR ANY USER OF THE SERVICES, WHETHER OFFLINE OR ONLINE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THE TOS AND FORMED A BASIS FOR ENABLING STARTCUT TO OFFER THE SERVICES TO YOU AT THEIR CURRENT CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
10. Limitation of Liability
IN NO EVENT WILL STARTCUT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS EARNINGS, LOST PROFIT OR GOODWILL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF STARTCUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING STARTCUT TO OFFER THE SERVICES TO YOU AT THEIR CURRENT CONDITIONS. THIS PARAGRAPH WILL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STARTCUT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
11. Modification of the Startcut Site and Services
Startcut reserves the right, in its sole discretion, to modify or discontinue the use of Startcut Site and Services without notice.
12. Governing Law and Jurisdiction
The TOS shall be exclusively governed by and construed under the laws of the State of Israel without giving effect to principles of conflicts of law. You and Startcut hereby consent to the exclusive jurisdiction and venue of the courts of the Central District, Israel with respect to any dispute and action arising under or in relation to the TOS. Notwithstanding the previous sentence, you agree that Startcut shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
13. Contacting us
If you have any questions regarding these Terms of Use or the Startcut Site, please contact us by e-mailing us at info@startcut.com.

* Last updated on November 16, 2011