TERMS OF SERVICE

May 18, 2016

Please read carefully the following terms of service ("Agreement") before you use any of the products, application or services we provide (referred to collectively herein as the "Wellcut Technologies"). The Wellcut Technologies are owned, licensed and operated by ThankYouMotion S.A.S. which has developed applications and services for use in connection with a variety of devices and platforms, including without limitation, Windows, Mac, iPhone, iPad, Android, Windows phone, Chrome, Safari, Firefox and other mobile devices and computers.

The terms of service create an agreement, which rule your use of the Wellcut Technologies via any platform or device. By visiting our website or installing or using any of the Wellcut Technologies or installing the ThankYouMotion application, you are accepting these terms of service. If you do not agree to these terms, please do not install our application, access our website or use any of our products or services.

You should contact us at hello@wellcut.tv or may contact us at: 
ThankYouMotion S.A.S.

10 rue de Penthièvre
75008 Paris
R.C.S. B 800 865 685

1. Service

The ThankYouMotion software application, supporting files and accompanying documentation is provided for your personal, non-commercial use. Copyright and other laws may protect the videos and other content that you choose to save.

2. Intellectual property and license

2.1. The Wellcut Technologies allow you to cut and share your preferred short extract from a video while you are watching it so that you can share it with your friends. You won’t be able to download the content of your extract nor make any change to the content. The extract will always be credited and linked to its source, the full-length video. We respect the intellectual property of others, and we ask our users to do the same.

As a condition to your use of the Wellcut Technologies, you agree not to use the Wellcut Technologies to infringe any intellectual property rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the Wellcut Technologies to, any users who infringe any copyrights or other intellectual property rights.

2.2. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, personal, nontransferable, non-sub licensable, non-commercial right and license to: (1) download and use a copy of the ThankYouMotion application; and (2) view and use the Wellcut Technologies, including, without limitation, the products and services made available on or through the ThankYouMotion application or our website.

This license is subject to you: - not copying our software; - not removing, modifying or obscuring any copyright, trademark, or other proprietary rights notices on ThankYouMotionTechnologies; - not reverse engineering, decompiling, or disassembling ThankYouMotionTechnologies; and - not accessing, creating or modifying the source code of ThankYouMotionTechnologies in any way.

2.3. The Wellcut Technologies, including, but not limited to, the ThankYouMotion application and all other programs, text, graphics, files and other content are owned and copyrighted by ThankYouMotion and its licensors, and are protected worldwide. We retain all right, title and interest in and to the Wellcut Technologies and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks (including without limitation ThankYouMotion®, the ThankYouMotion logo, service marks, trade secrets and other intellectual property rights, any derivative work of the Wellcut Technologies, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, "Update" shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the ThankYouMotion application. You agree to take any action reasonably requested by us to evidence, maintain, enforce or defend the foregoing. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the Wellcut Technologies, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.

2.4. All trademarks, service marks, logos, trade names and any other proprietary designations of ThankYouMotion used herein are trademarks or registered trademarks of ThankYouMotion. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

3. Restrictions

3.1. Wellcut Technologies enable users to share, save or post information or materials, or to communicate with or otherwise share information with other users or persons. You agree not to share, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in France or anywhere else in the world. You are solely responsible for all information which you share, save, submit, publish, display, disseminate or otherwise communicate through the Wellcut Technologies, even if a claim should arise after termination of service. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by the operators and/or other agents of ThankYouMotion, whether or not they are the intended recipients. If we or any other person asks you to cease and desist from sharing any content with any third party, or to cease communicating with any third party via the Wellcut Technologies, you agree to comply with such request immediately.

3.2. Your license to use Wellcut Technologies is conditioned upon the following restrictions: You agree that you will not under any circumstances: (a) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Wellcut Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the ThankYouMotion application or any portion thereof; (b) distribute, license, transfer, or sell, in whole or in part, any of the Wellcut Technologies or any derivative works thereof; (c) market, rent or lease the Wellcut Technologies for a fee or charge, or use the Wellcut Technologies to advertise or perform any commercial solicitation; (d) use the Wellcut Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (e) interfere with or attempt to interfere with the proper working of the Wellcut Technologies, any transactions being offered in connection with the Wellcut Technologies or any other activities conducted by us, disrupt our website or any networks connected to the Wellcut Technologies, or bypass any measures we may use to prevent or restrict access to the Wellcut Technologies; (f) exploit the Wellcut Technologies in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity; (g) use any robot, spider, scraper, or other automated means to access our website or proprietary work for any purpose without our prior written permission; (h) use the Wellcut Technologies to collect or harvest personal information about other users of the Wellcut Technologies; (i) take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (j) share any videos, articles or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you; (k) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (l) use the Wellcut Technologies, or any other services, products, or downloads available in connection with the Wellcut Technologies for illegal purposes; (m) represent that you are the owner of any of the Wellcut Technologies, including any of its individual files, drawings or documentation; (n remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Wellcut Technologies; (o) incorporate the Wellcut Technologies or any portion thereof into any other program or product; (p) use the Wellcut Technologies for any purpose other than in accordance with the terms and conditions of this Agreement; or (q) copy or reproduce, in any form or by any means, any part of the Wellcut Technologies (except that you may make one copy of the ThankYouMotion application for archival or backup purposes only, provided that any such copy contains the copyright and proprietary notices in unaltered form). We reserve the right to refuse service, terminate accounts or limit access to the Wellcut Technologies in our sole discretion.

3.3. We believe your privacy is very important. Please review our Privacy Policy to learn more about our privacy practices and how we will use any data we receive. By accessing or using ThankYouMotion, you acknowledge that you have read, understood and accepted our Privacy Policy, which is incorporated into these Terms by reference.

3.4. If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be. We reserve the right to refuse service and/or terminate user accounts in our sole discretion.

4. Third party sites

4.1. Wellcut Technologies may enable you to access other sites. When you click a link, we may not warn you that you have left Wellcut and are subject to the terms and conditions (including privacy policies) of another website or destination. These sites and apps are not owned or controlled by Wellcut, and as a result, the videos, articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content.

If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement. Please contact us as follows: By email: hello@wellcut.tv.

4.2. We also participate in joint marketing and other service offerings with third parties and our website contains links to third-party sites. The Wellcut Technologies integrate, only at your request, with third-party software applications and services that enable you to cut and share an extract via ThankYouMotion within such third-party applications and to utilize the information we collect to improve the service offerings by such third parties. Such third parties may provide you with an opportunity to install the ThankYouMotion application or use the Wellcut Technologies from or through their websites or such third parties may request to access or use your ThankYouMotion user account or other information so that they can customize the services that they provide to you. For example, if you are on a third-party website, you may be provided with the opportunity to download and install the ThankYouMotion application, to use Wellcut Technologies at the push of a button without leaving the third-party website or you may be redirected to our website or provided with access to the Wellcut Technologies. The third parties that contract with us are independent, and are not our agents. Such links are provided for your convenience only. We do not control, and are not responsible for, the content of, or products or services available through, any third-party websites, including without limitation the websites that offer videos, articles or other content that you choose to save to ThankYouMotion. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

4.3. Advertising - ThankYouMotion may deliver third party advertisements. This advertising may be contextually related to your location, your usage behavior on ThankYouMotion, or based on other information you have provided to us or has been provided to us by third parties. Any dealings you have with advertisers while using ThankYouMotion are between you and the advertiser, and you agree that we do not endorse, and are not responsible for, the content, safety, accuracy, or legality of any third party goods or services advertised on ThankYouMotion.

5. Warranty disclaimer

5.1. To use the Services, the User must have the necessary hardware equipment and software and the necessary parameters required to properly use ThankYouMotion: Navigator Internet Explorer 7 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled.

The User must have the skills, hardware and software required to use the Internet or, as appropriate, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.

ThankYouMotion does not guarantee that the Services will function in case you activate a popup killer tool. In this case, the function should be deactivated before using the Service.

ThankYouMotion does not guarantee that the Services will be usable if your Internet Service provider is unable to provide its Service properly. Furthermore, smartphone applications are only available to Users in possession of the smartphone handset and internet access is required.

5.2. ThankYouMotion can be held responsible by a User only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by ThankYouMotion having caused that User damage.

In this regard, ThankYouMotion shall in no circumstances be liable for direct or indirect damage to the User where the User's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, ThankYouMotion shall not be liable for direct or indirect damage suffered by the User in the event of non-performance or incorrect performance of these Terms of Use by the User.

In this context, ThankYouMotion cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the ThankYouMotion site resulting from incorrect hardware, problems experienced by the User's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of ThankYouMotion. Under these conditions, ThankYouMotion does not guarantee that the Services shall function without interruption or error. In particular, the use of this Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, ThankYouMotion shall inform its Users prior to maintenance work or updates.

5.3. There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before using the Wellcut Technologies or any website that provides you with access to the Wellcut Technologies.

5.4. We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

5.5. The Wellcut Technologies may be accessed from countries other than France. We make no representations or warranties that the Wellcut Technologies are appropriate for use or access in other locations. If you access and use the Wellcut Technologies outside France, you do so on your own initiative and you are responsible for complying with France and your local laws and regulations, if and to the extent such laws are applicable.

6. Jurisdiction

These Terms of Use shall be governed, construed and applied in accordance with French law,the language of interpretation being French. You agree that the courts of general jurisdiction located within Paris, France, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to this Agreement or the Wellcut Technologies.

7. Agreement

7.1. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement and all past courses of dealing or industry custom. No amendment or modification of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized signatory of ThankYouMotion and you.

You may not use, export, re-export, import or transfer the Wellcut Technologies except as authorized by France, the laws of the jurisdiction in which you obtained the Wellcut Technologies, and any other applicable laws.

We reserve the right to limit, in our sole discretion, the availability of the Wellcut Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.

7.2. This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law or otherwise, by you without our prior written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted assignment other than in accordance with this section shall be null and void.

7.3. This Agreement is effective unless and until terminated as expressly provided herein. We may terminate this Agreement at any time and may do so immediately without notice, without any liability to you, and accordingly deny you access to the Wellcut Technologies, in our sole discretion, if you have failed or we suspect you have failed to comply with any term or provision of this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.

7.4. We may, at any time, and without notice, revise this Agreement. If we modify the Terms of Service, we will post the modification on our website, through the Wellcut Technologies, or otherwise provide you with notice of the modification. Prior to each usage of the Wellcut Technologies, you should review the Terms of Service to determine the current Agreement to which you are bound. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the Wellcut Technologies constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Wellcut Technologies. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and ThankYouMotion that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.

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