Cinnamon

Terms of Service

Add Comment

Terms of ServiceEffective September 15, 2020 Welcome to Cinnamon! This Terms of Service (this “ Agreement ” or “ Terms ”) is a contract between you (“ you ” or “ User ”) and Cinnamon Technologies, Inc. (“ Cinnamon ”, “ we ,” or “ us ”) and, to the extent expressly stated, our affiliates.  You must read, agree to, acknowledge, and accept all of the terms and conditions contained in this Agreement in order to use our website and all affiliated websites, including mobile websites, owned and operated by us, our predecessors or successors in interest, or our affiliates (collectively, the “ Platform ”), all services, applications, software, features and products that are accessible through our Platform that link to or reference this Agreement (together with the Platform, the “ Services ”) whether provided by us or our affiliates.  Your use of the Service is subject to the terms of this Agreement, which may be updated from time to time. Your Agreement with us will also include the Privacy Policy available at https://cinnamon.video/settings/privacy-policy. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service. Modification Cinnamon has the sole discretion to amend this Agreement and the other documents incorporated in the Terms of Service at any time by posting a revised version on the Platform. All new and/or revised Agreement take effect immediately and apply to your use of the Services from that date on. If we make material or substantial changes to it, we may notify you by prominently posting a notice of such changes on this page and by stating the effective date of the changes or, if possible, by sending an email to your email address registered with us. If the substantial change requires prior notice and consent of the User, Cinnamon will provide at least 14 days’ advance notice of the change.  Any revisions to the Agreement will take effect when posted or on the noted effective date, if there is a noted effective date (each, as applicable, the “ Effective Date ”).  Continuing to use our Platform, or the Services after the Effective Date of a revised version of this Agreement, constitutes your acceptance of and agreement to be bound by the Agreement as revised. If you object to any changes, you may close your account. We encourage you to periodically review this page for the latest information on our Agreement. Because Cinnamon may provide a wide range of Services, we may ask that you review and accept supplemental terms that apply to your interaction with a specific Service. In the event of a conflict between this Agreement and the other supplemental terms, this Agreement will control unless the other supplemental terms explicitly state that it controls. BY USING THE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.  IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SERVICES AFTER THE EFFECTIVE DATE.  IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE.  IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY. Our Service The Service allows you to search, discover, view, share and in some cases, monetize your videos and other content and acts as a distribution platform for original content creators. Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share Content (defined below)) may be subject to age restrictions and not available to all users of the Services. WHO MAY USE THE SERVICE? Age Requirements:  To use the Services or register for an account: <ol> <li>You must be at least 13 years old;</li> <li>If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. They must consent to this Agreement; </li> <li>Notwithstanding your age, if any law applicable to you requires that you must get parental consent for the provision of any of the Services, you represent that a parent or legal guardian also agrees to this section on your behalf. </li> <li>If you are a parent or legal guardian of a user under the age of 18 or any other age as required by any applicable law, by allowing your child or ward to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. </li> </ol> Cinnamon reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Services upon discovery that any information you provided on any form or posted on the Services is not true, accurate, or complete, or such information or other conduct otherwise violates the Agreement, or for any other reason or no reason in Cinnamon’s sole discretion. Cinnamon reserves the right to monitor or audit your compliance with this Agreement. Businesses  If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. YOUR USE OF THE SERVICE Account Registration Users can register for an account by signing up via selected third-party media apps (“ Other Apps ”) such as Facebook, Twitter, Google, Apple or Coil for all Users and Instagram, YouTube, Twitter and Facebook for account verification for Publishers. By registering for an account, you must complete a User profile (“ Profile ”), which you consent to be shown to other Users. As a User, you agree to: <ul> <li>provide your real names and information: you agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Services or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness;</li> </ul> <ul> <li>not open an account if you’re already restricted by Cinnamon from using the Services, or not create another account without our permission if we disable your account;</li> </ul> <ol> <ol> <li>maintain the security of your passwords and identification, and be fully responsible for all uses of your account;</li> <li>to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password, and not transfer your account (or any part of your account) to anyone without first getting our written permission;</li> <li>When you register for an account and from time to time thereafter, your account will be subject to verification, including, but not limited to, validation against third-party databases that confirm your identity.</li> </ol> </ol> <ul> <li>follow the law and the provisions contained in the Terms.</li> </ul> Access to Services Provided you act according to these terms, you can use our Services to view and use Cinnamon’s Content on the Services. Additionally, subject to this Agreement, Users would be able to download Shorts from our Services. Using the Service does not give you ownership of or intellectual property rights to any aspect of the Service, including user names or any other Content posted by others or Cinnamon. We can suspend our service or your access to our Services if we want, without giving any notice and without liability. If we do so, all rights granted to you under these Terms will cease immediately Content on the Service The content on the Service includes videos, audio, graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, Shorts and other materials whether provided by you, Cinnamon or a third-party (collectively, “ Content ”). Content is the responsibility of the person or entity that provides it to the Service. Cinnamon is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the law, please report to us at compliance@cinnamon.video. Uploading Content If you have a Cinnamon account verified by Cinnamon for Content creation, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. Your Content must not include any third-party intellectual property unless you have permission from that party to upload such Content on the Services or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, offensive, violent, illegal content and content which constitutes breach of this Agreement. Uploading Content via Other Apps. As part of our Services, a registered User verified by Cinnamon shall also be able to download Content from such User’s YouTube verified account through the User’s Cinnamon account. No User shall download any Content from YouTube via the Cinnamon account that such User is not legally entitled or without the necessary permissions. Any Content uploaded on our Services via User’s account on YouTube must not include any third-party intellectual property unless User has permission from that party to upload on the Services or is otherwise legally entitled to do so. Cinnamon shall not be liable for any loss or damage to Content as a result of such transmission of Content. If we reasonably believe that any Content uploaded on our Services by any User is in breach of this Agreement or may cause harm to Cinnamon, our users, or third parties, we may remove or take down that Content at our discretion. Licenses You retain ownership rights to your Content but grant the following licenses pursuant to this Agreement and use of Services: To Cinnamon. By providing Content to the Service, you grant to Cinnamon a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host and use that Content (including to modify, reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Cinnamon’s (and its successors' and affiliates') business, including for the purpose of promoting and redistributing part or all of the Service. You also grant Cinnamon permission to use your name in connection with your Content. Additionally, you grant to Cinnamon, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you. To Other Users. You grant each other user of the Service a Creative Commons Attribution 4.0 International license (CC BY 4.0) (the “ Creative Commons License ”) to copy, redistribute, remix, transform, and build upon your Content, only as enabled by a feature of the Service and in accordance with the terms of the Creative Commons License. The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Cinnamon may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.    Types of Users Our Services may be used by the following Users:  Publisher Any User who provides Content on Cinnamon shall be a “ Publisher ”. As a Publisher you agree that: <ol> <li>All your Content is distributed on Cinnamon under a Creative Commons License. </li> <li>Your Profile is publicly visible on Cinnamon.</li> <li>You shall upload content you are legally entitled to publish on Cinnamon.</li> <li>Once published, your content is open for registered viewers to view, like, comment on, and share with others and once published and made publicly available, your content is also open for unregistered viewers to view and share with others.</li> <li>If you publish any Short, the Publisher of the original Content holds all copyright to the Shorts.</li> <li>You shall receive email notifications regarding your Content and your Content statistics, view count, and monetization details (“ Content Statistics ”) and that Cinnamon may share its payment pointers based on these Content Statistics with its web monetization providers.</li> </ol> Publisher Guidelines: <ol> <li>Publishers can choose to make their Content publicly available and allow all Viewers to watch it or exclusive to only Subscribed Viewers, (i.e., monetize their Content) and allow only Subscribed Viewers to access their Content.</li> <li>Publishers may also choose to monetize their Content. If a Publisher agrees to monetize their Content, that Publisher must have a valid and active wallet with Uphold or GateHub.</li> <li>Publishers may access their dashboard containing current monetization details and other info. If a Publisher’s Content is monetized, that Publisher may choose to set a custom revenue split on the Publisher’s dashboard.</li> <li>Publishers are able to reply to the viewers' comments, delete the viewers' comments for any reason, or report a User for not complying with the Agreement. Publishers may also choose to disable comments on Publisher’s Content. Additionally, Cinnamon may allow Publishers to chat with Registered Viewers via a direct message feature. </li> <li>After signing up and creating your profile, you may choose to edit your profile photo, profile background colour, username, bio, and also connect profiles from your Other Apps.</li> <li>Publishers may choose to redistribute their Content outside of Cinnamon provided that such Content shall be automatically watermarked and that such Publisher has the rights to do so. By posting Content to Cinnamon, each Publisher represents that doing so doesn’t conflict with any other agreement that the Publisher is bound to or violate any third party’s rights. Publishers may share their Content directly to their Other Apps or as a link on such Other Apps.</li> <li>Publisher may create shareable playlists with Publisher’s own Content and Content from other Viewers and Publishers, provided that Publisher had prior permission to access the Content, delete their own Content from Cinnamon at any time, or participate in online and offline community-oriented events and contests organized by Cinnamon.</li> <li>Cinnamon reserves the right, in our sole discretion, to remove any Content at any time for any reason or use Publisher’s content for promotion.</li> </ol> Viewers: Any User who uses Cinnamon and or accesses Content on Cinnamon shall be a “ Viewer ”. A Viewer may be anonymous, registered or subscribed. An “ Anonymous Viewer ” is a User that does not have a Cinnamon Account. A “ Registered Viewer ” is a User that has a Cinnamon Account without an active Coil subscription. A “ Subscribed Viewer ” is a Registered Viewer that has an active and valid Coil subscription. Viewer Guidelines: <ol> <li>An Anonymous Viewer may only access and share profiles and content shared with them specifically via links but cannot watch other Content unless they become a Registered Viewer. </li> <li>An Anonymous Viewer shall not be able to use the full features of the Cinnamon Services.</li> <li>A Registered Viewer may access, interact with and share any Profiles and Content shared with them specifically via links, or any publicly available Content. </li> <li>A Registered Viewer may also create up to 15-second cuts of an original Content (“ Shorts ”). Registered Viewers can only make one Short each of original Content made publicly available or shared with them. Registered Viewers can choose to make their Shorts publicly available or monetize their Shorts. All Registered Viewers have a limit of one Short per original Content.</li> <li>A Registered Viewer may edit their respective profile photo, profile background colour, username, bio, and also connect profiles from their own Other Apps.</li> <li>A Registered Viewer shall be able to use the full features of the Cinnamon mobile Services. </li> <li>A Registered Viewer shall be unable to use the full features of the Cinnamon Services made available to a Subscribed Viewer. </li> <li>All Viewers may contact Cinnamon's support via website live chat, email, social media, or other customer support channels. </li> <li>A Subscribed Viewer may create Shorts of original content whether or not such original content is publicly available or monetized, and can choose to make their Shorts publicly available or monetize their Shorts, </li> <li>No Shorts of any monetized Content shall be made publicly available by any Viewer.</li> </ol> User Permissions and Restrictions You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. The following restrictions apply to your use of the Service. You are not allowed to: <ol> <li>engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, contains inappropriate or hateful language or otherwise objectionable to Cinnamon;</li> <li>access, reproduce, download, submit, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service or this Agreement. or (b) with prior written permission from Cinnamon and, if applicable, the respective rights holders;</li> <li>circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including but not limited to security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content; </li> <li>infringe any intellectual property or other right of any third party;</li> <li>access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Cinnamon’s robots.txt file. or (b) with Cinnamon’s prior written permission; </li> <li>collect or harvest any Services or Content or information that might identify a person (for example, usernames), unless permitted by that person or allowed by this Agreement;</li> <li>use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations. or use the Services or Content for any political funding or unauthorized commercial purpose;</li> <li>cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;</li> <li>misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;</li> <li>run contests on or through the Service that do not comply with the Agreement. use the Service or Cinnamon content to participate in, or facilitate the participation of third parties in, illegal lotteries, games of chance, or pyramid schemes.</li> <li>use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service). or except as allowed by this Agreement, use the Cinnamon Service or Cinnamon content directly or indirectly for monetary gain, such as by paying your own website or participating in a scheme to pay a third party’s website that directs funds back to you or your agent; </li> <li>use the Cinnamon Service or Cinnamon content for or in connection with any financial and professional services, intellectual property infringement, regulated or illegal products and services, unfair, predatory, or deceptive practices, and products or services that are otherwise restricted by our affiliates and partners or in a manner inconsistent with Cinnamon’s intended use or as expressly prohibited in the Agreement. or</li> <li>use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in this Agreement. or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Cinnamon videos are the main draw for users visiting the webpage).</li> </ol> Your Information Our Privacy Policy available at https://cinnamon.video/settings/privacy-policy explains how we treat your personal data and protect your privacy when you use the Service. Third-Party Materials The Services may include certain open source or other third-party software, data, or other materials or links to third-party websites, Other Apps and online services that are not owned, operated or controlled by Cinnamon (“ Third-Party Materials ”). Cinnamon makes no representation, warranty, or other commitment regarding the Third-Party Materials, and hereby disclaims any and all liability relating to User’s use thereof. Be aware when you use these Third-Party Materials or services or leave the Services. we recommend that you read the terms and privacy policy of each third-party website and online service that you visit. Limitation of Use We always make reasonable efforts to keep Cinnamon operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Platform and Services, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Platform and Services or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Platform and Services, or to implement advancements in science and technology or ensure the operability or the security of the Platform and Services, legal and regulatory reasons. We may at any time and at our sole discretion, introduce measures for adequate limitation and/or restriction of use of the Services. By the way of introduction of such measures, users may be restricted to upload more than certain number of videos, upload videos above certain length, above certain size and/or limit the duration a user’s video is stored on Cinnamon SUBSCRIPTION AND MONETIZATION Certain areas of the Cinnamon Service require payment before you can access them (“ Subscriptions ”). For example, you may need to subscribe in order to access certain Content. Subscriptions can be purchased by paying a periodic subscription fee on Coil or in any other manner designated by Cinnamon in its sole discretion. We may choose, at any time of our choice, to offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “ Trial ”). At any time we do this, we or Coil may require you to provide your payment information to start the Trial. IN THE EVENT A TRIAL IS OFFERED AND YOU SIGN UP FOR ONE, UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, WE OR COIL MAY AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Agreement. Subscription Cancellation You may cancel your subscriptions by visiting your Coil account and adjusting your subscription preferences. Your subscription benefits with Cinnamon terminate when your Coil subscription is cancelled, but cancellation does not terminate your license and access to allowed Content. Monetization Using web monetization, any Publisher who chooses to monetize their Content (“ Monetization ”) shall be paid for every viewed second of such video at the applicable rate (“ Monetization Rate ”). For the purpose of Monetization, ‘Content’ means Content that meets the terms and conditions hereunder, that is published on Cinnamon by a registered User, and that is made available to Subscribed Viewers. For the purpose of Monetization ‘User’ means a User that publishes any original Content and makes the Content available to only Subscribed Viewers. In particular, for Shorts, this means the publisher of the Short and the Publisher of the original Content from which the Short was derived from.  Before we can pay you, you must have a valid and active wallet registered at one of&nbsp. Uphold or GateHub services and you must successfully complete Coil’s payment enrollment process. All monetization generated by a User prior to providing the required information of a valid and active wallet to Coil shall be forfeited. All monetization generated by a User when any wallet provided to Coil by that User is invalid or inactive shall be forfeited. No payment will be made for any Content that violates any of the provisions of this Agreement, including Content that is identified as potentially infringing the rights of any third party. Your acceptance of this Agreement does not guarantee access to Monetization. Cinnamon reserves the right to provide or restrict your access to the Monetization in its sole discretion at any time. Cinnamon may block Monetization in your Content for any or no reason, even if the Content otherwise complies with Cinnamon’s terms or policies. Except as otherwise provided in this Agreement, there are no representations, warranties or guarantees, express or implied, about how much, or whether, you will receive payment. All monetization payment shall be made directly to your wallet by Coil using ILP (Interledger Protocol). For more information on such payments, please see Coil’s or Interledger’s websites. You shall provide the address for your Uphold or GateHub wallets to Coil to ensure monetization payment is made. Cinnamon will take all commercially reasonable steps to monitor the Monetization payment moving from Coil to a Publisher, allow the Publisher to see how much monetization payment they have received and ensure that the Content is only viewed by Subscribed Viewers. For any Content in which you trigger Monetization, Cinnamon will pay you the Net Revenue (defined below) derived from such Content as solely determined by Cinnamon. “ Net Revenue ” means (a) the sum of the Monetization Rate multiplied by the number of views per second of the Subscribed Viewers who viewed your Content, minus (b) deductions for any fraud or other legal violations, violations of Cinnamon’s terms or policies, bad debt, chargebacks, refunds, credit card processing fees, and any third party fees and costs (such as but not limited to payments to third party rights holders in your Content), or any other deduction all as solely determined from Cinnamon’s records and figures and regardless of whether incurred in connection with the specific Content or your other Content in which Monetization is triggered. Subject to Agreement and provided that you have accurately completed and timely provided to Coil or Cinnamon any forms or documentation that Coil or Cinnamon requests to set up payment to you (which payment information you must keep accurate and up-to-date) provided that you have the requisite authority to provide such information, payments will be made to you in accordance with this Agreement and the terms of service of Coil. If your account with Cinnamon is deactivated or terminated, you forfeit any accrued amounts. Cinnamon reserves the right to deduct from any payments due or payable to you any amounts that are past due and remain uncollected by Cinnamon from you in connection with any other Cinnamon Service. Cinnamon is not responsible for, and will not adjudicate, any disputes between you and any other entity relating to (a) the payment information that you provide to Coil or (b) the payment or any apportionment of the payment between you and any third party. Restrictions No User shall or shall authorize or encourage any third party to, directly or indirectly, generate viewers or generate impressions, clickthroughs, conversions or other actions with respect to a Content through any automated, deceptive, fraudulent or otherwise invalid means, including through repeated manual clicks, the use of “robots” or other automated tools, or by payment of money, false representation, or any illegal or otherwise invalid means for end users to take actions with respect to a Content. You will not issue or permit any other party to issue any press release or otherwise make any public statements or disclosures (including via online media) regarding these Terms, the transactions contemplated by these Terms or consummated hereunder, or about the relationship of the parties without the prior written approval of Coil and Cinnamon. Some of the payments we collect from Users for Subscriptions will be disbursed to third parties, as further detailed in our FAQs. Any payments, or portions thereof, that we donate to a not-for-profit third party or any other third party, does not entitle you to a tax refund.  You will provide both Cinnamon with applicable tax ID, tax forms, documents, or certifications as may be required by applicable law for Cinnamon to satisfy any tax information reporting and/or withholding tax obligations with respect to any payments hereunder. You acknowledge and agree that we may cease payments to you if we need additional information from you to comply with any governmental requirements pertaining to payments or if it is unlawful for Cinnamon to make such payments. Where applicable, Cinnamon shall be entitled to deduct and withhold from any consideration payable such amounts as are required to be deducted or withheld therefrom under any provision of US Federal, state, local or foreign tax law, or under any other applicable law (such amounts, “ Withholding Taxes ”). Where applicable, you agree that you will be solely responsible for compliance with local tax regulations applicable to such fee. Where applicable, you (a) agree that Cinnamon will prepare and issue VAT invoices under self-billing arrangement, (b) acknowledge and accept the validity of such self-billed invoices, and (c) agree that you will be responsible for timely remittance to applicable tax authorities of any tax amounts on such self-billed invoices that were paid to you by Coil. You acknowledge that Cinnamon are subject to U.S. economic restrictions and trade sanctions. As such, Cinnamon reserves the right to deny payment of monthly fees when required by applicable law. In the event that any remittance made by Cinnamon to you via Coil or any other service provider is subject to any withholding tax, the full amount of that withholding tax shall be solely for your account. Cinnamon may deduct the full amount of such withholding tax from the gross amount owed to you, and will pay the full amount withheld over to the competent tax authorities. OTHER LEGAL TERMS  Intellectual Property Ownership This Agreement does not transfer from Cinnamon to you any Cinnamon or third party intellectual property, and all right, title and interest in and to the Services, will remain (as between the parties) solely with Cinnamon. All the trademarks, service marks, graphics and logos used in connection with Cinnamon, or the Services are trademarks or registered trademarks of Cinnamon or Cinnamon’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Except as provided by this Agreement, your use of the Services grants you no right or license to reproduce or otherwise use any Cinnamon or third-party trademarks. No rights are granted to you except as expressly set forth in the Agreement. Copyright Policy  As Cinnamon asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Please notify us if you believe that material located on or linked to by Cinnamon violates your copyright or if you are aware of any intellectual property right infringement by a User of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “ DMCA ”), we designate the following individual to receive any notifications of an alleged infringement: Copyright Agent:  Cinnamon Technologies, Inc. Attn: Copyright Control Officer 8 The Green STE 4000 Dover, DE 19901 dmca@cinnamon.video An effective notification should include <ul> <li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;</li> <li>Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; </li> <li>Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;</li> <li>Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; </li> <li>A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; </li> <li>A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li> </ul> A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information: <ul> <li>Your physical or electronic signature;</li> <li>Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;</li> <li>A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;</li> <li>Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.</li> </ul> All limitations of access, suspensions, and terminations for cause shall be made in Cinnamon’s sole discretion and Cinnamon shall not be liable to you or any third party for any termination of your or any third party’s account or access to the Services. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Cinnamon will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party’s intellectual property rights. We have a policy of terminating accounts of Users who repeatedly and intentionally infringe the intellectual property rights of others. IF YOU KNOWINGLY MISREPRESENT THAT CONTENT IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY CINNAMON, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. Account Suspension &amp. Termination You may stop using the Service at any time by closing your Cinnamon account and removing your Content. You also have the option to download a copy of your data first. Cinnamon may suspend or terminate your access to all or part of the Services if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order. or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Cinnamon or our affiliates. Cinnamon may also terminate your access to all or part of the Service if Cinnamon believes, in its sole discretion, that provision of the Service to you is no longer commercially viable.  We will notify you with the reason for termination or suspension by Cinnamon unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Cinnamon or our affiliates. (b) would compromise an investigation or the integrity or operation of the Service. or (c) would cause harm to any user, other third party, Cinnamon or our affiliates. Where Cinnamon is terminating your access for Service changes, where reasonably possible, you may be provided with sufficient time to export your Content from the Service. Upon termination, all provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Cinnamon or any third party. Disclaimer.  Although we may use automated systems that analyze Content to help detect infringement and abuse, such as spam, malware, and illegal content, your access to and use of the Services or any Content is at your own risk. We have the right to make changes and update any information contained on our Services without prior notice. We try to describe every Services offered on the Platform as accurately as possible. However, we do not warrant that Services specifications, pricing, or other Content on the Services is complete, accurate, reliable, current, or error-free, and shall have no liability in connection therewith.  Warranty Disclaimer OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CINNAMON NOR ANY OF ITS ASSIGNEES, LICENSEES, DESIGNEES, SUCCESSORS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, CONSULTANTS, REPRESENTATIVES, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “ CINNAMON PARTIES ”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION AS TO THE CONTENT OR SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH, RELATED TO, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM MALICIOUS COMPUTER CODE. CINNAMON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE USE OF THE SERVICES WILL (A) BE TIMELY, RELIABLE, AVAILABLE, ACCESSIBLE, SECURE, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE. CINNAMON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SERVICE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CINNAMON OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. AND CINNAMON EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF CINNAMON.  Limitation of Liability EXCEPT AS REQUIRED BY APPLICABLE LAW, CINNAMON AND CINNAMON PARTIES WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS OR OTHER INTANGIBLE LOSSES. INDIRECT OR CONSEQUENTIAL LOSS. EXEMPLARY OR PUNITIVE DAMAGES CAUSED BY THIS AGREEMENT OR CINNAMON’S SERVICES. LOSS OR CORRUPTION OF DATA. DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE. ANY INTERRUPTION OR CESSATION OF THE SERVICE. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY. ANY CONTENT WHETHER SUBMITTED BY A USER OR CINNAMON, INCLUDING YOUR USE OF CONTENT. AND/OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT. DAMAGES RELATING TO ANY CONDUCT OR CONTENT OR SERVICES OF ANY THIRD PARTY AVAILABLE THROUGH THE SERVICES OR A USER, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE. AND/OR THIRD PARTY SITES AND SERVICES, INCLUDING CONTENT FOUND ON SUCH SITES AND SERVICES THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. CINNAMON AND CINNAMON PARTIES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF SUBSCRIPTION FEE PAID BY YOU TO CINNAMON FOR YOUR USE OF THE SERVICES IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO CINNAMON, OF THE CLAIM AND (B) USD $250. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cinnamon, its subsidiaries, agents, licensors, managers, officers, employees, representatives, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and any injuries to third parties) arising from or relating to: (i) your use of and access to the Service, including any data or Content transmitted, submitted, viewed, or received by you. (ii) your violation of any term of this Agreement. (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. (iv) any claim that your Content caused damage to a third party. (iv) any fraud, manipulation, deception or misrepresentation by you. (v) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Services or (vi) your violation of any applicable law, rule or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.  You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” This defense and indemnification obligation will survive this Agreement and your use of the Services.  Agreement to Arbitrate Disputes and Choice of Law. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.  Binding Arbitration . The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this Agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration.  If you and Cinnamon are unable to resolve a dispute through informal negotiations, You and Cinnamon agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Cinnamon’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), or except those disputes expressly excluded below. Under such circumstances Cinnamon may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Cinnamon Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) or to address other exigent circumstances without first engaging in arbitration or the informal dispute-resolution process described herein. Any election to arbitrate by one party shall be final and binding on the other.  Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://jamsadr.com or 1-800-352-5267. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees) less than seventy-five thousand ($75,000) dollars. The arbitration may be conducted in person in the United States in San Francisco, California, by provisions through the submission of documents, by phone or online. The arbitrator will decide the rights and liabilities, if any, of you and Cinnamon, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Cinnamon. Unless otherwise required by law, you and Cinnamon will each pay your own attorneys’ fees. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Waiver of Class Actions YOU WAIVE ANY RIGHT TO PURSUE AN ACTION ON A CLASS-WIDE BASIS AGAINST US. ALL CLAIMS AND DISPUTES BROUGHT BY USER WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Company is entitled to arbitration. instead all claims and disputes will be resolved in a court as set forth in this Agreement. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Cinnamon in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND CINNAMON WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE, AND HAVE EITHER DONE SO OR KNOWINGLY ELECTED NOT TO DO SO. Parties, Legal Notices, Governing Law and Jurisdiction  All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of San Francisco, California, USA. You and Cinnamon consent to personal jurisdiction in those courts. International Issues You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Cinnamon Service. Software related to or made available by the Cinnamon Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions. You represent that you are not: a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act;&nbsp. a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes. or&nbsp. an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation.   You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.  Electronic Notices You agree to transact with us electronically. Your affirmative act of using the Services constitutes your acceptance signature to this Agreement. We may provide notices to you electronically (1) via email if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or actually receive delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Service. You can opt-out of receiving certain promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or contacting info@cinnamon.video with the word UNSUBSCRIBE in the subject field of the email. Your opt-out will not affect non-promotional emails, such as those about your account, transactions, servicing, or Cinnamon’s ongoing business relations. You can also opt-out of receiving push notifications from us at any time by adjusting the permissions in your device or uninstalling our app. Please note that any opt-out for email or push-notifications by you is limited to the email address or device used and will not affect subsequent subscriptions. Severance If any provision of this Agreement is for any reason deemed invalid or unenforceable, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the language in the Arbitration section will be null and void.  Assignment Cinnamon may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. You may not assign your rights and obligations under this Agreement without the prior written consent of Cinnamon. No Waiver Except as expressly set forth in this Agreement, no failure or delay by Cinnamon in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy. Interpretation In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. All summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.