Terms and Conditions

Welcome to https://www.primecuts.studio (the “Site”), which is comprised of various web pages operated by Prime Cuts Studio LLC, a Delaware limited liability company doing business as Prime Cuts (“Prime Cuts”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Intellectual Property License

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Prime Cuts that you will not use the Site for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service provided by Prime Cuts, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Prime Cuts or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Prime Cuts content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Prime Cuts and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Prime Cuts or our licensors except as expressly authorized by these Terms.

Electronic Communications

Visiting the Site or sending emails to Prime Cuts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Third-Party Sites and Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Prime Cuts and Prime Cuts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Prime Cuts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prime Cuts of the site or any association with its operators.

Certain services made available by Prime Cuts or via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Prime Cuts may share such information and data with any third party with whom Prime Cuts has a contractual relationship to provide the requested product, service or functionality on behalf of Prime Cuts’ users and customers.

International Users

The Service is controlled, operated and administered by Prime Cuts from the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Prime Cuts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services provided by Prime Cuts, any user postings made by you, your violation of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Prime Cuts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Prime Cuts in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Prime Cuts agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Disclaimer of Warranties

Primte cuts provides the site, and links to the sites of its affiliates and partners, and all its services and the services of its affiliates and partners, as performed hereunder, on an “as is” and “as available” basis, without any warranty of any kind and without any guarantee of continuous or uninterrupted display or distribution of any ad. In the event of interruption of display or distribution of any ad, ccompany’s sole obligation will be to restore service as soon as practicable. Company disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability of fitness for a particular purpose and implied warranties arising from course of dealing or course of performance.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall prime cuts and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if prime cuts or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination

Prime Cuts reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section

Dispute Resolution

These Terms are governed by the laws of the State of Delaware. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by Prime Cuts, in a location in the United States mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Prime Cuts as a result of these Terms or your use of the Site. Prime Cuts’ performance of this agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of Prime Cuts’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Prime Cuts with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Changes to Terms

Prime Cuts reserves the right, in its sole discretion, to change these Terms from time to time. The most current version of the Terms will supersede all previous versions. Prime Cuts encourages you to periodically review the Terms to stay informed of updates.