Terms of Service

1. Eligibility

By using our Services, you represent that:

• You have the legal capacity to enter into this agreement.
• Any information you provide is accurate and complete.
• You have the authority to purchase Services on behalf of yourself or any organization you represent.
• If you are under the age of majority in your jurisdiction, you have permission from a parent or legal guardian.

2. Our Services

FNCUT is a creative agency specializing in Fortnite and gaming content, including but not limited to:

• Fortnite Cinematic Trailers
• Fortnite Gameplay Videos
• Fortnite Promotional Videos
• Fortnite Map Trailers
• Short-Form Content
• Fortnite Logos
• Custom Graphics
• Video Editing
• Motion Graphics
• Marketing Content
• Custom Creative Production

Unless otherwise stated, every project is custom-produced specifically for the client.

FNCUT does not guarantee that any deliverable will increase a Fortnite island's player count, engagement, Discover placement, revenue, or overall performance.

3. Quotes & Orders

All quotes are estimates until accepted by both parties. FNCUT reserves the right to reject or cancel any order before production begins for any lawful reason, including but not limited to scheduling limitations, fraudulent activity, abusive behavior, or projects we are unable to complete.

An order is considered accepted once payment requirements have been satisfied and FNCUT confirms production.

4. Payment

Payment terms are communicated before production begins. Unless otherwise agreed:

• Payments must be made using approved payment methods.
• Production may not begin until any required payment or deposit has been received.
• Outstanding invoices remain payable regardless of project completion status unless otherwise agreed.

Chargebacks, payment disputes made in bad faith, unauthorized payment methods, or fraudulent transactions constitute a material breach of these Terms and may result in immediate termination of all current and future services.

FNCUT reserves all legal rights to recover unpaid balances, processing fees, collection costs, and any damages permitted by law.

5. Project Production

FNCUT provides complete creative production services. Clients may be required to provide information, assets, access, references, or other materials necessary to complete a project.

Where necessary, clients agree to:

• Provide accurate project information.
• Provide required Fortnite island codes, map information, or access.
• Provide logos, branding, or other client-owned assets when required.
• Respond to questions or approval requests.
• Cooperate throughout production.

Delays caused by client communication, missing information, unavailable access, or failure to provide requested materials may extend delivery timelines.

6. Client-Provided Materials

The client is responsible for ensuring that they have the necessary rights, permissions, or licenses to use any materials provided to FNCUT.

This may include, but is not limited to:

• Logos
• Images
• Music
• Video footage
• Gameplay footage
• Character designs
• Brand assets
• Other copyrighted or third-party materials

By providing materials to FNCUT, the client represents that FNCUT's use of those materials for the requested Services will not knowingly violate the rights of another party.

FNCUT may refuse to use materials that it reasonably believes infringe third-party rights or violate applicable laws or platform policies.

7. Creative Direction

Unless specifically agreed otherwise in writing, FNCUT retains full creative discretion regarding:

• Editing style
• Camera work
• Music selection
• Visual effects
• Transitions
• Pacing
• Motion graphics
• Cinematic direction
• Storytelling
• Graphic and logo design

Creative work is subjective. Personal preference alone does not constitute defective performance.

References or examples provided by a client are used as creative direction and do not guarantee an identical recreation.

8. Fortnite & Epic Games

FNCUT is an independent creative company and is not affiliated with, endorsed by, sponsored by, or officially connected to Epic Games, Inc. or Fortnite unless explicitly stated otherwise.

Fortnite, Epic Games, Unreal Engine, and related trademarks and intellectual property remain the property of their respective owners.

Clients are responsible for ensuring that their Fortnite islands, content, branding, and promotional materials comply with applicable Epic Games rules, policies, and guidelines.

FNCUT does not guarantee that any content created for a client will be approved, promoted, featured, or distributed by Epic Games or Fortnite.

9. Delivery & Revisions

Estimated delivery times are estimates only and are not guaranteed.

Projects include the revisions advertised or otherwise agreed upon before purchase. Additional revisions, changes outside the original scope, or major creative changes may require additional fees.

A revision is intended to correct or adjust the agreed-upon creative direction. A completely new concept, redesign, or change in project requirements may be treated as a new project or additional work.

Once the client approves the final version or the final deliverable is delivered, the project is considered complete.

10. Ownership & Intellectual Property

Upon full payment and final delivery, ownership of the completed commissioned deliverable transfers to the client, unless otherwise agreed in writing.

The client may use, publish, monetize, edit, distribute, and otherwise exploit the completed deliverable, subject to any third-party rights or platform restrictions that may apply.

The client grants FNCUT a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to display, reproduce, distribute, publish, and publicly showcase the completed work, including screenshots, excerpts, previews, and final videos, for portfolio, promotional, advertising, educational, archival, and marketing purposes.

FNCUT retains ownership of all production methods, templates, editing workflows, software, proprietary assets, internal resources, brand assets, reusable project files, and creative techniques used to produce the deliverable.

Unless specifically agreed otherwise, editable project files, source files, raw footage, project files, and internal production materials are not included in the final deliverable.

11. Portfolio Rights

Unless otherwise agreed in writing before production begins, FNCUT may publicly showcase completed work on our website, social media, advertisements, portfolios, case studies, presentations, and promotional materials.

Clients requesting permanent confidentiality or delayed publication must obtain written approval before production begins.

12. Subscription Services

Monthly content plans automatically renew according to the selected billing cycle unless cancelled.

Cancellation prevents future billing but does not refund the current billing period.

Unused deliverables do not roll over unless expressly agreed in writing.

FNCUT reserves the right to modify subscription offerings with reasonable notice.

13. Refund Policy

Due to the custom nature of commissioned creative services, all sales are generally final.

Refunds will not be issued because of:

• Change of mind
• Personal preference
• Project cancellation after production begins
• Failure to communicate
• Failure to provide requested materials or approvals
• Delays caused by the client
• Disagreement with subjective creative decisions
• Misunderstanding of clearly described Services

If FNCUT is unable to complete a project solely due to circumstances within our control, we may issue a partial or full refund at our sole discretion.

14. Project Abandonment

If the client fails to respond for more than 60 consecutive days, the project may be considered abandoned.

Abandoned projects may be permanently closed without refund.

Restarting an abandoned project may require a new purchase or additional fees.

15. Prohibited Conduct

Clients may not:

• Commit payment fraud or initiate fraudulent chargebacks
• Harass, threaten, or abuse FNCUT staff or contractors
• Attempt unauthorized access to FNCUT systems
• Misrepresent FNCUT's work
• Submit materials that knowingly infringe third-party intellectual property rights
• Request content that violates applicable laws
• Use FNCUT Services to facilitate illegal activity
• Attempt to manipulate, exploit, or abuse FNCUT's ordering or payment systems

FNCUT reserves the sole discretion to determine whether conduct violates these Terms.

16. Third-Party Services

Our Services may utilize third-party platforms, including but not limited to Fortnite, Epic Games, Discord, YouTube, TikTok, payment processors, cloud storage providers, and other services.

FNCUT is not responsible for outages, restrictions, policy changes, account actions, algorithm changes, or other actions taken by third-party services.

17. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis.

FNCUT makes no guarantee regarding specific marketing performance, player growth, Discover placement, engagement, sales, revenue, viral success, search rankings, algorithmic performance, or continuous availability.

Results vary between projects and are influenced by factors outside FNCUT's control.

18. Limitation of Liability

To the fullest extent permitted by law, FNCUT shall not be liable for any indirect, incidental, consequential, punitive, exemplary, or special damages, including but not limited to lost profits, lost revenue, lost business opportunities, loss of data, loss of goodwill, or business interruption.

FNCUT's maximum liability shall never exceed the total amount paid for the specific project giving rise to the claim.

19. Indemnification

You agree to defend, indemnify, and hold harmless FNCUT, its owners, employees, contractors, affiliates, and representatives from any claims, damages, liabilities, costs, or expenses arising from:

• Your use of our Services
• Materials supplied by you
• Your violation of these Terms
• Your violation of any applicable law
• Your violation of third-party rights
• Claims arising from your use of the completed deliverables

20. Force Majeure

FNCUT shall not be liable for delays or failures caused by events beyond our reasonable control, including natural disasters, internet outages, cyberattacks, labor disputes, governmental actions, widespread service interruptions, platform outages, or similar events.

21. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the jurisdiction in which FNCUT is legally established, without regard to conflict of law principles.

22. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

23. No Waiver

Failure by FNCUT to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

24. Entire Agreement

These Terms constitute the entire agreement between FNCUT and the client regarding the Services and supersede all prior discussions, communications, and agreements relating to the subject matter herein.

25. Contact

Questions regarding these Terms may be directed through FNCUT's official support channels listed on our website or Discord server.

By purchasing or using any FNCUT Service, you acknowledge that you have read, understood, and agree to these Terms of Service.