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TERMS OF SERVICE FOR CUT TIME WEBSITES AND SERVICES

This agreement sets the terms and conditions (“Terms”) of your use of cuttime.net (“Cut Time Site”). Please read these Terms carefully before using or accessing any pages at the Cut Time Site.

By clicking on the "I Agree" checkbox or by accessing, browsing, or otherwise using the Cut Time Site, you acknowledge and consent to the Terms, which together with our Privacy Policy govern the relationship between J.W. Pepper & Son, Inc. ("J.W. Pepper ", “we”, “our”) and all users of the Cut Time Site and related services (“Cut Time service”).

INTENDED PURPOSE

The Cut Time Site is provided as a service for its subscribers and their users (“you,” “your,” or “users”) and may be used only for informational purposes by those “Subscribers,” their authorized “Program directors” and “Members,” and in a limited capacity, by public visitors (“Viewers”) to publicly-available material shared by Subscribers.

The Cut Time Site is a platform service available to music programs, sports teams, and other multi-member organizations (“Programs”) that purchase subscriptions (“Subscriptions”) for the Cut Time service from J.W. Pepper. The Cut Time service is intended for use by Program directors and Members of such Subscribers to organize and manage their Programs, facilitate communication among their Members and to promote the Programs with customized publicly-available material and advertising placed or approved by the Subscribers (the “Intended Purpose”).

AUTHORIZED ACCESS TO THE CUT TIME SITE

Only Subscribers may purchase and maintain Subscriptions, and while such Subscriptions are current, authorize access by Program directors, Members (and public “Viewers”) to web pages promoting the Program and including advertising placed by or approved by the Subscriber.

A Program director for a Subscriber may access the Cut Time Site and use the Cut Time service to establish and manage the Program dashboard and Program content for the Subscriber on the Cut Time Site.

Bona fide Members of the Subscriber, if and so long as authorized or invited by the Subscriber or Program director, may register as Members, and once registered, access and use the Program dashboard and Program content for the Subscriber on the Cut Time Site. If a Member is under the age of 18, a parent or guardian must consent to such Member’s registration of a user profile before access will be granted to the Program dashboard and may obtain access to the Cut Time Site.

Subscribers, Program directors, Members and Viewers may access web pages promoting the Subscriber and including advertising placed by or approved by the Subscriber.

Subscribers, Program directors, Members and Viewers of (public portions of) the Cut Time Site may only access those portions of the Cut Time Site made specifically available to them. Any access or attempted access to other portions or functions of the Cut Time Site is strictly prohibited and may result in the imposition of civil and criminal penalties.

AUTHORIZED USE OF THE CUT TIME SITE

The Cut Time Site may be used solely for the Intended Purpose. All other uses of the Cut Time Site (and Cut Time service) are strictly prohibited.

The Cut Time Site and all Cut Time services may be used solely for lawful purposes. The transmission, storage, or presentation of any information, data, or material in violation of any law, rule or regulation is strictly prohibited. We will comply with all applicable laws, rules or regulations and, in the event of any conflict with these terms, such laws, rules and regulations shall take precedence.

You agree that any information you provide to us or upload to the Cut Time Site will be accurate and truthful. Any conduct by you that, in our opinion, restricts or inhibits any other user from using or enjoying the Cut Time Site will not be permitted.

You agree not to impersonate any other person or entity or use any false name or use any other person's user login and password to access the Cut Time Site. We reserve the right to withdraw or cancel any user logins and passwords at any time without notice and in our sole discretion. We may allocate (or refuse to allocate) a new user login and password where we have reason to believe that any user login and password has been inappropriately disclosed, discovered, used or misused by any person, or for any other reason.

Subscribers and their Program directors agree that they are responsible for producing, electronically uploading and maintaining content (and included or linked web pages and advertisements) on their Cut Time dashboard, and hereby warrant that all uploaded materials shall be owned or properly licensed by the Subscriber and shall not adversely impact the Cut Time service or violate any rights of any third parties and that all required clearances have been obtained.

Members agree that their user profiles may be viewed by other users of the Subscriber’s Cut Time Site; this includes your profile photo or avatar. Any information you choose to display on your profile may be viewed by other members of the Cut Time Site and may be used to send you unsolicited messages.

Any information that you provide to J.W. Pepper, including first name, last name, email address, and any other information will be collected, maintained and used in order to provide the products to you or your subscribing institution, or in accordance with these Terms, our Privacy Policy, and any agreement entered into by your institution relating to the Cut Time Site.

You acknowledge and agree that you will not upload or transmit (using the Cut Time Site or service) any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets) , or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, or is vulgar, obscene, profane, harassing or otherwise objectionable to us and that we may delete or block any such material, in our absolute discretion.

We take no responsibility to filter, censor, edit or regulate information and content provided by you or others on the Cut Time Site, including content uploaded in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we reserve the right to remove or delete anything you disclose or offer to us by or through the Cut Time Site, including email, postings, product ratings or reviews which we find offensive, abusive, infringing or undesirable for any reason in our discretion.

Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is strictly prohibited. Framing, mirroring, scraping or data-mining of the Cut Time Site or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited. You acknowledge and agree that you will not upload or transmit through the Cut Time Site any information or material that could cause or introduce a software virus, denial-of-service, or other disruptive program.

Minors may not become Program directors or Subscribers. If you have registered a user profile on behalf of a minor (as a parent or guardian or otherwise), or otherwise authorized a minor to use your registered user login and password to access the Cut Time Site, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Cut Time Site; and (iii) the consequences of any misuse. J.W. Pepper requires that the parents or legal guardian of a minor confirm his or her authority and affirmatively consent to the use of the Cut Time Site by such minor. J.W. Pepper reserves the right (but not the duty) to provide access to a minor’s account to the minor’s parents, guardian or other authorized adult, upon such adult’s request consistent with applicable law.

PROTECTION OF MEMBER INFORMATION

For detailed information on how we may use your information, please see our Privacy Policy.

OWNERSHIP AND COPYRIGHT

The Cut Time Site is our property (or the property of our business partners and/or licensed to us) including brands, products, prices, services and promotional programs, advertising, trademarks, audio and video, images, featured articles, surveys, applications, contests, sweepstakes, or other information and content (collectively, "Content"), each of which (whether registered or not) is protected under copyright and trademark laws and/or other laws, rules and regulations of the United States and other countries.

Specifically, the Cut Time Site is copyrighted as our collective work under the copyright laws. We own the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or possess a license to use) the individual components of such Content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled. Your access to Content is not a transfer of title in any Content, and by your use of the Cut Time Site, you acknowledge that you do not acquire any license, ownership or other rights to the Content or any intellectual property in or related to any such Content. J.W. Pepper does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to the Cut Time Site.

Use or modifications of the Content, other than to use the Cut Time Site, without our authorization may be a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any of our Content on any other web site without our express written consent is prohibited.

We reserve the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery for any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.

FEEDBACK

We may provide you with a means to provide feedback, ideas, testimonials, or suggestions (“Feedback”) regarding the Cut Time Site. If you choose to provide Feedback to us, you agree that you retain no rights in such Feedback. J.W. Pepper shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to J.W. Pepper. By providing Feedback to us, you warrant that such Feedback constitutes your original work and grant to us, the unlimited, perpetual right to own, use, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, and you warrant that you waive all "moral rights" in such Feedback.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

You acknowledge that the Cut Time Site and Cut Time service are provided “as is” and without any warranties of any kind whatsoever. Neither we, nor any of our employees or agents, warrant that the services will be uninterrupted, error free, or free from viruses or other harmful components. We are not responsible for and hereby disclaim any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the information and/or completeness including, but not limited to, information and advertising appearing on or linked to the Cut Time Site. We expressly disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.

Under no circumstances will J.W. Pepper, our officers, employees, directors, affiliates or subsidiaries or other third parties mentioned in, or involved in creating, producing, or delivering the Cut Time Site be liable for any compensatory, direct, incidental, consequential, indirect, special or punitive damages whatsoever (including, without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results or use of the Cut Time Site, any web sites linked to our site, or any materials contained at any or all such sites (including, without limitation, those caused by or resulting from a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use or misuse of any computer or system) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions or conduct of any user or other third party.

To the extent some jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such jurisdictions you agree that J.W. Pepper’s maximum liability related to the Cut Time Site shall be $100.00.

The Cut Time Site may contain links to other third party websites or resources, including articles, photographs, text, graphics, pictures, designs, music, audio and video, information, quotes, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Materials"). We do not investigate, monitor or check Third-Party Materials for safety, accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness, and we have no control over such Third- Party Materials accessed through the Cut Time Site, or for any Third-Party Materials posted on, available through or installed from the Cut Time Site, including without limitation, the content, accuracy, offensiveness, appropriateness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites Materials. Inclusion of, linking to or permitting the use or installation of any Third-Party Materials does not imply approval or endorsement thereof by us. You acknowledge and agree that we bear no responsibility for the availability of such external sites or resources.

You assume all responsibility and risk for the use of the Cut Time Site and the Internet in general. We are not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the Cut Time site. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of visiting the Cut Time site. J.W. Pepper has no legal duty to update or correct information on this website or the internet in general.

J.W. Pepper has attempted to properly display the colors and proportions of our products and services shown on the Cut Time Site. However, colors and proportions may not appear accurately depending on your equipment.

BILLING/CANCELLING YOUR SUBSCRIPTION

Subscribers agree to provide us with accurate and complete billing information and to update this information immediately if any change occurs.

Subscribers agree to timely pay any and all prices and fees due for Cut Time services when due. Fees are not refundable unless agreed by J.W. Pepper.

Failure to pay your subscription fees will result in the suspension or termination of your use of your Cut Time Site, your dashboard, and loss of access to your data. Such suspension or termination will prevent access by your Program directors, Members and public access to your web pages and advertising.

Subscribers may terminate the Cut Time service if you provide us with a notice of cancellation for any reason.

TERMINATION FOR BREACH OF THESE TERMS

J.W. Pepper may suspend or terminate your account and/or your ability to use the Cut Time Site or any services on the site for failure to comply with these Terms, for providing J.W. Pepper with untrue or inaccurate information about yourself, for infringement upon J.W. Pepper’s proprietary rights, or for any other reason whatsoever or for no reason.

WEBSITE TRACKING

We reserve the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the Cut Time Site by third parties not within our control. We are under no obligation to, and do not, scan content posted. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the Cut Time Site. If you believe any materials on the Cut Time Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:

  • A physical or electronic signature of the copyright holder or authorized representative;
  • Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
  • Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit J.W. Pepper to locate the material;
  • Your name, address, telephone number and, if available, e-mail address;
  • A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

DMCA Notices should be directed by email to: DMCAnotifications@jwpepper.com or by mail to: J.W. Pepper & Son, Inc., 191 Sheree Blvd., Exton, PA 19341.

CHANGES IN TERMS OF SERVICE

J.W. Pepper reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Cut Time Site following the posting of any changes to this agreement constitutes acceptance of those changes.

COMPANY TRADEMARKS

“CUT TIME”, the Cut Time logos and designs and other trademarks displayed on the Cut Time Site are trademarks of J.W. Pepper unless otherwise indicated. You agree not to display or use the Cut Time Logo and other trademarks of J.W. Pepper in any manner without the prior, written consent of J.W. Pepper.

COMPANY’S RIGHT TO PROVIDE ADVERTISEMENTS AND PROMOTIONAL MATERIALS

By accepting these terms, you agree to receive advertising, marketing materials, and other promotional communications from J.W. Pepper. Periodic advertising and notifications from or about the Cut Time platform will normally be, but is not limited to, email and dashboard communication.

SECURITY VIOLATIONS

You are prohibited from violating the security of any system or network comprising the Cut Time Site or its products and services. Such violations may result in criminal and civil liability.

JURISDICTION

This agreement shall be governed by and construed under the substantive laws of the Commonwealth of Pennsylvania. J.W. Pepper and you agree that any dispute shall be resolved by the District Court for the Eastern District of Pennsylvania, or the Court of Common Pleas of Chester County, Pennsylvania. Any cause of action you may have with respect to your use of the Cut Time Site must be commenced within one (1) year after the claim or cause of action first arises.

The Cut Time Site is provided, supported and hosted in the United States and intended for use by users located in the United States. Use of the Cut Time Site is governed by United States law, and United States privacy and data security laws may differ from those of other countries. If you are using the Cut Time Site from outside of the United States, please be aware that any information contained on the Cut Time Site is transferred to, stored and processed in the United States.

WAIVER AND SEVERABILITY

The failure of J.W. Pepper to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect

TERMS EFFECTIVE: