Terms Of Use


  1. YOUR ACCEPTANCE

This privacy policy statement was produced by Freshnewcut Media, Inc. and its connected website www.freshnewcut.com (“our”, “us”, or “we”) to demonstrate our dedication to your privacy. This privacy policy applies to this website (www.freshnewut.com), any newsletters subscribed to via this Website, and information collected and submitted to us when you subscribe to or purchase any of our related apps on third-party websites and applications (collectively, the “Apps”), and information collected offline when you subscribe to the print edition of Freshnewcut Magazine, but not to any other products or services or information collected in any other way (whether offline or online) by us and our respective general partners and affiliates (collectively “Freshnewcut”), unless Freshnewcut expressly states otherwise (such as by including a link to this Privacy Policy on other Freshnewcut websites or on Freshnewcut mobile applications).

  1. FRESHNEWCUT WEBSITE

These Terms of Service apply to all Website users, including those who provide creative output, information, or other items or services to the Website. Freshnewcut may provide links to third-party websites that are not under its control or ownership. Freshnewcut has no control over, and accepts no responsibility for, any third-party websites’ content, privacy policies, or practices. Furthermore, Freshnewcut will not and cannot control or modify any third-party site’s content. You expressly release Freshnewcut from any and all liabilities arising from your use of any third-party website by using the Website. As a result, we advise you to be mindful of your surroundings when you leave the Website and to read the terms and conditions and privacy policies of every other website you visit.

  1. WEBSITE ACCESS
  • Freshnewcut hereby provides you permission to use the Website in accordance with the terms and conditions set out in this Terms of Service, provided that:
  1. Your approved use of the Website is purely for your own use;
  2. Without Freshnewcut’s prior written permission, you will not reproduce or distribute any portion of the Website in any way.
  3. You will not change or modify any component of the Website unless it is reasonably required for you to utilize it for its intended purpose; and
  4. Otherwise, you will abide by the terms and conditions of this Terms of Service.
  • You may be required to register an account in order to use some features of the Website. Without authorization, you may never use another’s account. You must give correct and complete information while creating your account. You are completely responsible for all activity on your account, and you must safeguard your account password. Any breach of security or illegal use of your account must be reported promptly to Freshnewcut. Although Freshnewcut will not be liable for any damages you incur as a result of any unauthorized use of your account, you may be responsible for Freshnewcut’s or others’ damages as a result of any of these unauthorized use.

You may be required to register an account in order to access certain sections of the Website. Without authorization, you may never use another’s account. You may be needed to create an account and give a username and password if you want to register for this Website. You give Website permission to perform any and all account transactions you initiate using your login and password. You are entirely responsible for maintaining the security of your username and password, and any unauthorized use of your username and password must be promptly reported to the Website. You recognize and agree that any unauthorized activity, charges, and/or liabilities incurred as a result of the use of your username and password are solely your responsibility. The Website shall not be held accountable in any way for the unauthorized use or abuse of your login and/or password. Although Freshnewcut will not be liable for any damages you incur as a result of any unauthorized use of your account, you may be responsible for Freshnewcut’s or others’ damages as a result of such unauthorized use.

The Website retains the right to modify usernames associated with certain of our goods and services if necessary. If the Website makes such a change, you will be notified. In compliance with the Website’s Privacy Policy, the Website collects and utilizes your username, password, and other registration data.

  1. INTELLECTUAL PROPERTY RIGHTS

Except for User Submissions (as defined below), Freshnewcut owns or licenses the content on the Website, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”), as well as the trademarks, service marks, and logos contained therein (“Marks”), which are subject to copyright and other intellectual property rights under Nigeria and foreign laws and international conventions. The Website’s content is given AS IS for your information and personal use only, and it may not be used, copied, reproduced, distributed, communicated, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose without the prior written approval of the respective owners. Freshnewcut retains all rights in and to the Website and Content that are not expressly granted. You agree not to use, copy, or distribute any of the Content for any commercial purposes unless specifically allowed above, including any use, copying, or distribution of third-party User Submissions received through the Website. You must keep all copyright and other proprietary notices contained in the Content if you download or print a copy for personal use. You undertake not to deactivate, circumvent, or otherwise interfere with the Website’s security mechanisms, or measures that prohibit or restrict use or copying of any Content, or that impose limits on the Website’s or its Content’s use.

  1. PRIVACY POLICY

Freshnewcut is concerned about its readers’ privacy. Our Privacy Statement may be found at https://www.freshnewcut.com/privacy-statement. You agree to be bound by our Privacy Policy by accepting the Terms of Service.

  1. USER SUBMISSIONS
  • The Website may currently or in the future allow you and other users to contribute articles, art works, or other visual images (“User Submissions”), as well as the hosting, sharing, and/or publication of such User Submissions. You realize that whether or not such User Submissions are published, Freshnewcut makes no guarantees about their confidentiality.
  • Your User Submissions and the consequences of submitting or publishing them are strictly your responsibility. You affirm, represent, and/or warrant the following in connection with User Submissions:

A. You possess or have the necessary licenses, rights, consents, and permissions to use and allow Freshnewcut to utilize all patent, trademark, trade secret, copyright, or other intellectual rights in and to any and all User Submissions in the manner envisaged by the Website and these Terms of Use; and

B. You have obtained the written approval, release, and/or approval of each and every identifiable individual person in the User Submission to use their name or likeness in the manner envisaged by the Website and these Terms of Use.

To be clear, you maintain complete ownership of your User Submissions. However, by submitting the User Submissions to Freshnewcut, you thus give Freshnewcut a license to use, reproduce, distribute, display, and perform the User Submissions, subject to the conditions of a separately completed artist representation agreement whose terms shall be entirely binding upon you in connection with the Website and the operations of Freshnewcut (and its affiliates), including without limitation for marketing and redistributing part or all of the Website (and derivative works thereof) in any media formats and via any media channels. You also give each user of the Website a license to access your User Submissions via the Website and to use, reproduce, distribute, display, and perform such User Submissions as authorized by the Website’s functionality and these Terms of Service. Once you remove or delete a User Submission from the Website, the above license granted by you expires.

A. You also agree that with relation to User Submissions, you will not:

  • Submit materials, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant Freshnewcut all of the license rights granted herein, do not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights.
  • Falsehoods or misrepresentations that might harm Freshnewcut or a third party should not be published;
  • Submit content that is illegal, defamatory, libelous, harassing, or hateful, or that encourages activity that might be deemed a crime, give rise to civil liability, violate any law, or is otherwise improper;
  • Advertisements or commercial solicitations should be posted:
  • Take on the persona of someone else.

In connection with User Submissions, Freshnewcut explicitly disclaims any and all liability. Freshnewcut does not allow copyright infringement or violation of intellectual property rights on its Website, and if properly alerted, Freshnewcut will delete all Content and User Submissions that infringe on another’s intellectual property rights. Freshnewcut has the right to delete any Content or User Submissions at any time and without notice. If a User is found to be a repeat infringer, Freshnewcut will also cancel their access to the Website. A User who has been alerted of infringing conduct more than twice and/or had a User Submission deleted from the Website more than twice is considered a repeat infringer. Freshnewcut also reserves the right to determine whether Content or a User Submission is suitable and conforms with these Terms of Service for breaches other than copyright infringement and intellectual property law, such as libelous content. Freshnewcut reserves the right to delete such User Submissions and/or cancel a User’s account for submitting such content in violation of these Terms of Service at any time and in its sole discretion.

A. If you are a copyright owner or agent who believes that any User Submission or other content infringes on your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 USC 512(c)(3) for more information):

A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the allegedly infringed copyrighted work, or a representative list of such works at that site if numerous copyrighted works at a single internet site are covered by a single report;
  • Identification of the material that is alleged to be infringing or the subject of infringing conduct and that must be deleted or access to which must be denied, as well as information reasonably adequate to allow the service provider to find the item;
  • Information reasonably necessary to allow the service provider to contact you, such as your name, address, phone number, and, if available, an email address;
  • A declaration that you have a good faith conviction that the copyright owner, its agent, or the law do not permit use of the content in the way complained of; and
  • A statement that the information in the notice is correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, signed under penalty of perjury.

Copyright@freshnewcut.com is Freshnewcut’s designated Copyright Agent for receiving notices of alleged infringement. Only DMCA notifications should be sent to the Copyright Agent; all other feedback, comments, technical support requests, and other communications should be sent to Freshnewcut customer service at support@freshnewcut.com. You recognize that your DMCA notification may be invalid if you do not comply with all of the criteria of this Section 5(D). Claimants who make false claims about copyright infringement may be held accountable for damages, court expenses, and lawyers’ fees paid as a result of the material’s removal or banning.

  • You acknowledge that you will be exposed to User Submissions from a number of sources while using the Website, and that Freshnewcut is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or pertaining to such User Submissions. You also know and accept that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Freshnewcut with respect to such User Submissions, and to indemnify and hold Freshnewcut, its Owners/Operators, affiliates, and/or licensors harmless.
  • Digital watermarks may be visible or included in images on the Website. Any effort to remove, lessen, or destroy these marks will be considered a breach of this agreement and would result in the user’s access to the Website being suspended.
  1. WARRANTY DISCLAIMER

YOU AGREE THAT YOU ARE USING THE RESOURCE WEBSITE AT YOUR OWN RISK. RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF TO THE FULLEST EXTENT PERMITTED BY LAW. RESOURCE 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 INACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.

I. CONTENT ERRORS, MISTAKES, OR INACCURACIES,

II. ANY AND ALL PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

III. ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS, INCLUDING ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN,

IV. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR

V. ANY ERRORS OR OMISSIONS IN ANY CONTENT, AS WELL AS ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE RESOURCE WEBSITE.

RESOURCE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RESOURCE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RESOURCE WILL NOT BE A PARTY TO OR IN ANY WAY BE YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREVER APPROPRIATE WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

  1. LIMITATION OF LIABILITY

UNDER NO EVENT SHALL RESOURCE, ITS EXECUTIVE, DIRECTORS, STAFF, OR AGENTS BE RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY TRANSACTION WITH RESOURCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS.

I. CONTENT ERRORS, MISTAKES, OR INACCURACIES,

II. ANY AND ALL PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

III. ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS, INCLUDING ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN,

IV. ANY TRANSMISSION INTERRUPTION OR CESSATION TO OR FROM OUR WEBSITE,

V. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

VI. ANY ERRORS OR OMISSIONS IN ANY CONTENT, AS WELL AS 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 THE RESOURCE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR

TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY.
YOU SPECIFICALLY ACKNOWLEDGE THAT RESOURCE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY THIRD PARTY’S DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING REMAINS ENTIRELY WITH YOU.
Freshnewcut makes no claims that the Website is suitable or available for use in other parts of the world. Those who access or use the Website from other countries do so at their own risk and are responsible for ensuring that local laws are followed.

  1. INDEMNITY

You undertake to defend, indemnify, and hold Freshnewcut, its officers, directors, employees, and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of:

I. your use of the Website and access to it;

II. your breach of any provision of these Terms of Service;

III. your infringement of any third-party right, including any copyright, property, or privacy right; or

IV. any allegation that a third party was harmed as a result of one of your User Submissions. This responsibility to defend and indemnify will outlast these Terms of Service and your use of the Website.

  1. ABILITY TO ACCEPT TERMS OF USE

You represent and warrant that you are at least 18 years old, an emancipated minor, or have legal parental or guardian consent, and that you are fully capable and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, as well as to abide by and comply with these Terms of Use.

  1. ASSIGNMENT

You may not transfer or assign these Terms of Use or any rights or licenses granted hereunder, but Freshnewcut may do so without limitation.

  1. RETURN & REFUND POLICY

ALL SALES ARE FINAL, NO REFUNDS, WITH NO EXCHANGES AVAILABLE FROM FRESHNEWCUT.

  1. GENERALS

You agree that these Terms of Service, as well as any artist representation agreements and other legal notices provided by Freshnewcut on the Website, comprise the entire agreement between you and Freshnewcut about the Website. If a provision of this agreement conflicts with a provision of a signed artist representation agreement, the signed artist representation agreement provision will take precedence. If any term of these Terms of Use is found to be illegal by a court of competent jurisdiction, the validity of the other terms of these Terms of Use will not be affected, and they will continue in full force and effect. Freshnewcut’s failure to exercise any right or provision under these Terms of use will not be deemed a waiver of such right or provision, and Freshnewcut’s failure to claim any right or provision under these Terms of use will not be deemed a waiver of such right or provision. Freshnewcut retains the right to update these Terms of Service at any time and without notice, and it is your obligation to check for changes. If these Terms of Service are amended, your continued use of the Website signifies your agreement to and acceptance of the changed terms. YOU AND RESOURCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE RESOURCE WEBSITE MUST BE STARTED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OCCURRING. OTHERWISE, SUCH AN ACTION WILL BE FOREVER BARRED.

This agreement is in effect, and it was last modified on May 31, 2021.


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