Terms of Service

1. INTRODUCTION

Welcome to Cindee!

Please read these Terms of Service (the “Terms of Service” or “Agreement”) carefully as this is a binding agreement between Cindee, Inc., its affiliates, and any of its or their respective successors or assigns (“Cindee”, “we”, “our”, or “us”) and you (“you” or “your”).

These Terms of Service apply to your access to, and use of the Cindee website, software, applications, technology, tools, services, and functionalities made available to you by us (the “Services”).

The Services are offered to you by Cindee. However, we may utilize third party development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, provision, publication or exploitation of the Services or otherwise make available their third party software, products, or services. Our Third Party Providers each operate independently of Cindee and we are not responsible for their actions or inactions or for their materials, software, products, or services, as further detailed herein.

By accessing or using the Services in any way or clicking on the “I Accept” or similar button, you represent and warrant that: (i) you have read and understand these Terms of Service, (ii) you accept without modification and agree to be bound by these Terms of Service (iii) you are of legal age to form a binding contract with Cindee, and (iv) you have the authority to enter into and agree to these Terms of Service personally or on behalf of the company, entity, or organization (“Subscribing Organization”) you have designated as the user of the Services, to bind that Subscribing Organization to these Terms of Service and to grant the licenses set forth herein. In addition, we require your express acceptance to these Terms of Service when you register an account to access and use the Services.

If you do not agree to be bound by these Terms of Service, or if you are below the age of legal majority where you reside, then you are not permitted to access or use the Services or register for access or use of the Services. Accordingly, if you do not agree to these Terms of Service do not access or otherwise use any of the Services.

Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Services. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control solely with respect to your use of such Services. The Terms of Service and any applicable Supplemental Terms are collectively referred to herein as the “Terms of Service.”

If you are an enterprise level client and have entered into a separate enterprise agreement with Cindee, the terms of that agreement will supersede and control to the extent of any conflict with these Terms of Service.

You agree that the form and nature of the Services may change without prior notice or liability to you and that future versions of the Services may be incompatible with content and data created on previous versions of the Services. You further agree that Cindee may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at Cindee’s sole discretion, without prior notice or liability to you. We may amend any of the terms of these Terms of Service by posting the amended terms. If you do not agree to any such change(s), you must stop using the Services. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms, as revised. PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE. For example, we may make changes to these Terms of Service or Services due to: (i) changes to the law or regulatory requirements, (ii) security or safety reasons, (iii) circumstances beyond our reasonable control, (iv) changes we make in the usual course of developing our Services, or (v) to adapt to new technologies.

You agree that Cindee is not obligated to provide any maintenance, technical or other support for the Services. However, you may ask us any questions by contacting us at help@cindee.io.

2. MINORS AND BLOCKED PERSONS

The Services are not available to persons under the age of legal majority in your jurisdiction of residence.

The Services are also not available to any users previously removed from the Services by Cindee or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

Certain portions of our Services and/or certain Content may not be available in all jurisdictions, and such availability is subject to change without notice.

3. PRIVACY

Please see our Privacy Policy found at https://app.cindee.io/privacy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services. The Services are subject to the Privacy Policy and by using the Services, you consent to our collection, use, and sharing of your information as set forth therein.

4. USE OF SERVICES; SERVICES DISCLAIMERS

You may access and use the Services either as a “Licensee” or a “Licensor.” A “Licensee” is someone looking to download, rent, watch and/or stream Content and/or attend an Event. A “Licensor” is some who posts Content to these Services or host an Event that is offered through and/or advertised via these Services.

You must first register with us and create an account (“User Account”) in order to access certain Services. To establish a User Account, you may be required to provide Cindee with certain personal information, including without limitation, your first and last name, e-mail address, as well as payment processing account information. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Cindee reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.

You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at help@cindee.io.

By creating a User Account or signing up for Services, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (i) notices about your use of the Services; (ii) updates to the Services and new features or products; (iii) administrative messages and other information; and (iv) advertising, marketing, and other materials regarding Cindee’s products and services. Please review your settings in your User Account to control the service notifications you receive from us. You may unsubscribe from commercial content at any time by emailing us at help@cindee.io.

You grant Cindee permission to use and publish your name, likeness, biography, trademarks, logos, or other identifiers used by you in your User Account profile for the purpose of identifying you on the Services. You may revoke the foregoing permission by deleting your User Account. Cindee shall further have the right to identify public profiles in its marketing and investor materials; provided however you may revoke such approval at any time.

5. THE CONTENT AND EVENTS

Between you and Cindee, you own and will retain ownership of all intellectual property rights in and to the Content. In order to allow Cindee to host and stream your content, you grant Cindee a non-exclusive, worldwide, and royalty-free, worldwide, sublicensable right and license to: stream the Content end users and/or otherwise make the Content available on our Services; embed the Content on third-party websites; transcode the Content (create compressed versions of your video file that are optimized for streaming); generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one); automatically generate and display summaries, chapters, closed captions, and subtitles from your Content; alter or enhance your Content as otherwise directed by you; and to publish your name, likeness, biography, trademarks, logos, or other identifiers used by you to promote the Content and/or the Services both on and off of the Services in any medium or media now known or hereinafter devised. The license period begins when you submit the Content to Cindee and ends when you or Cindee delete it; provided that Cindee may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the Content is the subject of a takedown notice or other legal claim; or (c) when Cindee in good faith believes that it is legally obligated to do so. The foregoing license includes the right and license to copy, use, distribute, publicly perform, and display the Content for the purposes stated above and include all necessary rights and licenses to allow us to exercise our rights and perform our obligation.

For any event, including, without limitation, any film festival or screening, which you want to promote via the Services (each an “Event”), in addition to the forgoing general representation and warranties, you represent and warrant that you have the right to promote the Event via the Services and that the Event shall comply with all applicable laws, rules and regulations, including applicable data privacy laws and you hereby grant Cindee a non-exclusive, worldwide, and royalty-free, worldwide, sublicensable right and license to publish your name, likeness, biography, trademarks, Event name and logos, or other identifiers used by you to promote the Event and/or the Services both on and off of the Services in any medium or media now known or hereinafter devised.

6. THIRD PARTY PROVIDERS

While using our Services, you may connect with and/or interact with Third-Party Providers including, without limitation, payment processing providers, data processing and visualization providers, customer service specialists, and social media providers. Upon your request, Cindee will use best efforts to integrate information you provide to us from Third-Party Providers into the Services and your User Account. When accessing or linking any services, you will at all times be subject to such Third Party Providers’ terms of service and privacy policies.

7. BILLING, CREDITS AND PAYMENTS

You agree to pay the fees and deposits applicable to you as displayed on our current pricing page https://app.cindee.io/pricing which displays our Services and pricing tiers and/or as agreed upon by you on the applicable Order Page when you purchase the Services, as well as any other fees applicable to you in connection with the Services (“Fees”). You agree that if you exceed any contractual usage limits, you will pay the applicable additional Fees at then-current applicable rates covering such overages and variable usage and/or excess usage.

Certain Services are provided on a subscription basis for a set term designated on the applicable Order Page (each, a “Subscription Term”). Unless otherwise specified on the applicable Order Page, each Subscription Term shall automatically renew for the same period as the then-current Subscription Term unless either party gives the other written notice of termination at least seven (7) days prior to expiration of the then-current Subscription Term (e.g., monthly paid subscriptions will automatically roll over month-to-month and annual paid subscriptions will automatically renew for additional 12-month periods). If you do not cancel your subscription or terminate your User Account during the renewal period, we will charge you for any renewal term upon the applicable anniversary of a Subscription Term. Note that under an annual paid subscription, you will not be permitted to cancel or downgrade the paid subscription you have selected until the renewal period above when you may provide written notice to terminate before the automatic renewal for a successive term.

“Credits” are the official currency of the Services and can be used to acquire Content on the Services or to purchase a license (i.e. ticket) to attend Events (e.g. to purchase an entry ticket to a real event). Credits are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Credits cannot be redeemed for any real currency, and Cindee is not obligated to exchange Credit’s for anything else of value. Credits have no equivalent value in real currency. Your acquisition or purchase of Credits only entitles you to receive a limited, non-transferable, revocable license to use Credits (i) in connection with the Services and (ii) in the ways permitted by Cindee under these Terms of Service or any Supplemental Terms.

Your limited license to use Credits may end if (i) you violate these Terms of Service, (ii) your User Account is suspended or terminated, or (iii) these Terms of Service or the Services are terminated.

Credits may be acquired on the Services in one of several ways. A user may acquire Credits (i) by purchasing or otherwise receiving Credits from Cindee via the Services; (ii) through the purchase of Credits on behalf of the user by another person; (iii) through the purchase of Content or license to attend an Event via the Services; (iv) from Cindee as a reward for referring a new user or for other business reasons; or (v) by other means that Cindee may introduce.

You may not use, acquire, or distribute Credit except through the Services and except as expressly allowed under these Terms of Service. Any attempt to do so constitutes a violation of these Terms of Service, will render the transaction void, and may result in the immediate suspension or termination of your User Account and your license to use Credits. Cindee does not recognize or take responsibility for third-party services that allow users to sell, transfer, purchase, or otherwise use Credits, and any such use by a user is a violation of these Terms of Service.

Only Users who have reached the age of majority in their jurisdiction or state of residence may purchase Credits or engage in other real-money transactions on the Services.

Credits Are Non-Refundable. Except as required by law, all payments for Credits are final and not refundable.

Credits Are Subject to Change. Cindee, in its sole discretion, may implement changes to Credits at any time. This may include limiting the number of Credits a user may acquire or lowering the purchase price of Credits.

Except for the limited licenses granted to you under these Terms of Service, Cindee has and retains all rights in and to Credits. This includes the right to modify, revoke, or terminate your license to use Credits without notice, payment, or liability to you. Cindee makes no guarantees or warranties regarding Credits or their availability or value.

In addition to Credits, licenses to access certain Events and Content may be available for purchase using readily available funds through your bank account or credit card linked to our Services via Third Party Providers. All Fees for Services shall be paid for in accordance with the payment terms set forth on the Order Page.

For purchases through the Services, whether directly or with Credits, you must first provide our Third Party Providers for payment services (e.g. Stripe) with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us via our Third Party Providers to automatically charge your provided payment method for all Fees and transactions through our Services. Cindee does not receive or retain any of your bank account or credit card information. If you have provided your credit card or other accepted payment method, you understand and agree that we will automatically charge the card or payment method on file for each applicable Subscription Term renewal. Further, you are solely responsible for ensuring all credit card or payment information associated with your User Account is current and up to date. You also authorize us to charge any payment method associated with a User Account in case the primary payment method is declined or no longer available for payment of the Fees. You remain responsible for any uncollected amounts.

You understand that failure to pay any charges or Fees may result in Cindee suspending, terminating, or cancelling your access to the Services, in whole or in part, without any liability. Cindee is under no obligation to provide any refunds.

Licensors will be paid out monthly for any Credits in its User Account if the account balance is equal to or greater than $100. Conversion shall only be to US Dollars and shall be set at Cindee’s then current Credit exchange rate. Cindee will post the Credit exchange rate on its website. Licensor will be solely responsible for the payment of any taxes applicable to any such payouts, if any. Licensor shall ensure that Cindee or its Third Party Providers for payment services have all necessary payment and banking information (e.g. W9) needed to make any such Credits payouts. Further, Licensors shall be responsible for any fees associated with any such conversions and payouts. You may inquire about payout and conversions by contacting us at help@cindee.io.

Licensees cannot convert their Credits to USD.

Cindee reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Services (e.g. during a Subscription Term), we agree that the Fee will remain in force for that duration. Upon renewal, your use of the Services will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Services and cancel through the User Account settings within the Services or by contacting us at help@cindee.io (with cancellation confirmation from a Cindee representative). If you cancel, your Service ends at the end of your current Service period/Subscription Term or payment period, and no refunds for previously paid services will be issued.

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the Services. All Fees shall be paid in US Dollars. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.

8. SERVICES LICENSE TO YOU

The Services are owned and operated by Cindee. Unless otherwise expressly indicated herein, the Services and all content and materials therein, including Content, are protected by relevant intellectual property and proprietary rights and laws and, except for the Content and information uploaded by the users, are the property of Cindee or its subsidiaries or affiliated companies and/or third-party licensors and, except as otherwise expressly indicated herein, all legal right, title and interest in and to the Services and all content and materials therein (except for the Content and information uploaded by the users), including any and all Intellectual Property Rights thereto, are vested in Cindee. “Intellectual Property Rights” mean any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.

Unless otherwise expressly stated in writing by Cindee, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Services for your personal use or internal business use only. Cindee reserves all rights not expressly granted in these Terms of Service.

The Cindee logos, and any other product or service name, logo, or slogan used by Cindee, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Cindee, and may not be used in whole or in part in connection with any product or service that is not Cindee’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cindee, without our prior written permission.

All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

Statistical information regarding the use of the Services, including, without limitation, views of Content, purchasers, page views (“Statistical Information”), including all rights therein, is the property of Cindee. To the extent shared with any user (e.g. with a Content provider), Cindee hereby grants you a limited, worldwide, royalty-free right and license to use such Statistical Information for your legitimate business purposes. Any use of the Statistical Information shall be attributable to Cindee and you shall identify Cindee as the licensor of such Statistical Information.

9. IDEA SUBMISSION

If you send us suggestions, ideas, notes, drawings, concepts, feedback or other information regarding our Services (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Cindee in perpetuity. By making any Submission, you automatically grant Cindee the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Cindee chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. You further waive all so-called “moral rights” in all Submissions as well as the right to make any claims against Cindee relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

10. TERMINATION

Subject to the terms and conditions of these Terms of Service, including Section 7, you may terminate the Services and your User Account by sending an email to help@cindee.io or by following the prompts for termination within the Services.

To the fullest extent permitted by applicable law, Cindee reserves the right, without notice and in our sole discretion, to suspend or terminate your license to access and use the Services, to delete your User Account, and to block or prevent your future access to and use of the Services, including without limitation where we reasonably consider that: (i) your use of the Services violates these Terms of Service, any usage policy, or applicable law; (ii) you fraudulently use or misuse the Services; (iii) your use of our Services could cause risk or harm to Cindee; or (iv) we are unable to continue providing the Services to you due to technical or legitimate business reasons. The foregoing sentence includes the ability of Cindee to terminate or to suspend your access to the Services under any Paid Subscriptions, Unpaid Subscriptions, or during any Trial Period. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Cindee in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

11. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cindee, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Cindee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cindee, and you agree to cooperate with Cindee’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. DISCLAIMERS; NO WARRANTIES

13. LIMITATION OF LIABILITY AND DAMAGES

YOU ACKNOWLEDGE AND AGREE THAT CINDEE HAS OFFERED THE SERVICES, INFORMATION, MATERIALS, AND OTHER CONTENT AND DATA (INCLUDING THE AVAILABILITY OF CONTENT), SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CINDEE, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CINDEE. CINDEE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

UNDER CALIFORNIA CIVIL CODE SECTION 1542, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING CINDEE, OUR SERVICES, OUR PRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND CINDEE. IF YOU ARE A RESIDENT OF A STATE AND/OR JURISDICTION WITH LEGAL PROVISIONS OR PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE § 1542, YOU HEREBY WAIVE ALL SUCH PROVISIONS AND PROTECTIONS WITH RESPECT TO ANY ALL MATTERS ARISING OUT OF, RELATING TO, AND/OR CONCERNING CINDEE, OUR SERVICES, OUR PRODUCTS, YOUR PERSONAL INFORMATION, THESE TERMS, AND/OR ANY OTHER AGREEMENT BETWEEN YOU AND CINDEE.

14. APPLICABLE LAW AND VENUE; ARBITRATION

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CINDEE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CINDEE.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (“Dispute”), you and Cindee agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Sacramento, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Cindee may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Cindee or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, Cindee would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that Cindee shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Cindee’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or Cindee’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND CINDEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cindee 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.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.

15. MISCELLANEOUS

Waiver. If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

Severability. If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Notice. In accordance with provisions in this Terms of Service requiring Cindee to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Cindee can be done so by means of email to: help@cindee.io

Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cindee without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 4-15.

Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content that we believe violates these Terms of Service or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Entire Agreement. The Terms of Service is the entire agreement between you and Cindee relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Cindee as set forth herein.