These Terms govern your access to and use of the Services. Please read them carefully, as they contain important information about your legal rights. By using the Services, you agree to these Terms. If you don't agree, please don't use the Services.
- USER ACCOUNTS
- Creating and Safeguarding your Account. To use the Services, you need to create an account ("Account") and, in doing so, may be required to provide us with information (such as name, email address, or other contact information). you agree that the information you provide to us is accurate, complete, and not misleading and that it will keep it accurate and up to date at all times.
- Only Users, using the mechanisms designated by us (“Log-in Credentials”), may access and use the Services. You must keep its Log-in Credentials confidential and not share them with anyone else. You are responsible for your compliance with this Agreement and all actions taken through their Log-in Credentials.
- You will promptly notify us if it becomes aware of any compromise of any Log-in Credentials. We may Process Log-in Credentials in connection with our provision of the Services or for our internal business purposes.
- You represent and warrant to us that: (a) you have not previously been suspended or removed from the Services; (b) your registration and use of the Services is in compliance with all Laws; and (c) you are at least 18 years old. If you are under 13 years old, you are not authorized to use the Services. If you are under 18 years old, you represent and warrant that you have your parent’s or legal guardian’s consent to use the Service and to be bound by the terms and conditions of this Agreement. We reserve the right to terminate Accounts that are inactive for an extended period of time.
- RIGHTS WE GRANT YOU
- Right to Use Services. We hereby permit you to use the Services for your personal, non-commercial use only, provided that you comply with these Terms in connection with all such use.
- If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms.
- Restrictions On Your Use of the Services. The rights granted to you in these Terms are subject to the following restrictions:
- (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services;
- (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
- (c) You shall not access the Services in order to build a similar or competitive website, product, or service;
- (d) Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
- (e) You shall not upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- (f) You shall not send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- (g) You shall not use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- (h) You shall not interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
- (i) You shall not attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means;
- (j) You shall not harass or interfere with any other user's use and enjoyment of the Services;
- (k) You shall not use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services.
- Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 6, and/or reporting you to law enforcement authorities.
- Feedback. If you provide Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
- OWNERSHIP AND CONTENT
- Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
- Ownership of Trademarks. The Cinamon Inc. name, the CINEV name, the CINEV logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- Inputs and Outputs. The Services utilize artificial intelligence tools and functionalities to process user inputs to the Services, such as text prompts, directions, images, videos, or other content (the "Input") and generate and return outputs based on such Inputs, which may include or take the form of images, videos, sound effects, or other content (the "Output").
- To the fullest extent permitted by law, the Company reserves the right, but not the obligation, to review or monitor Inputs and Outputs using automated and manual tools. The Company does not claim ownership of any of your Inputs to the Services ("Your Inputs") or any of the Outputs you create with the Services ("Your Outputs"). As between us and you, to the extent we acquire any rights in any of Your Outputs, we hereby assign to you all right, title and interest in and to Your Outputs.
- However, you acknowledge that due to the nature of generative artificial intelligence tools, Your Outputs may not be unique and users of the Services may create their own Output that is similar or the same as Your Output. You hereby waive and release the Company and any of its users from any claim that another user's Output is the same as, or reproduces, any of Your Output.
- Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, submit, or otherwise Make Available information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials or content through the Services, including Your Inputs and Your Outputs ("Your Content").
- In order to operate the Services, we must obtain from you certain license rights in Your Content so that actions we take in operating the Services are not considered legal violations. Accordingly, by using the Services or uploading or otherwise Making Available Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate, improve, promote and provide the Services.
- You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations.
- Your Use of Outputs. You represent and warrant that you will not monetize, make commercial use of, or otherwise use for or in connection with any commercial purposes, any of Your Outputs that you create with the Services unless explicitly permitted by your agreement with the Company.
- Models. You acknowledge that, unless otherwise agreed between you and the Company, Inputs, Outputs, and user interactions with the Services may be used by the Company to train, enhance, evolve and improve its machine learning models and artificial models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model training purposes) (collectively, "Models").
- As such, you hereby grant to the Company a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid, transferable, sublicensable right and license to use any Inputs and Outputs made available by you or otherwise generated in connection with your use of the Services at any point, in connection with the purposes described above.
- THIRD PARTY SERVICES AND MATERIALS
- Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.
- Sharing Your Content and Information with Third Parties. We may provide tools through the Services that enable you to export information, including Your Content, to third party websites, including through features that allow you to link your Account with a third-party website or account, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you agree that the Company may transfer that information to the applicable third-party website.
- DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
- Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.
- Without limiting the foregoing, to the maximum extent permitted under applicable law, THE COMPANY, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE "CINAMON ENTITIES") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- The Cinamon Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Cinamon Entities or through the Services, will create any warranty or representation not expressly made herein.
- Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CINAMON ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE CINAMON ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES.
- TO THE EXTENT NOT PROHIBITED BY LAW, THE CINAMON ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Cinamon Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) incurred by the Cinamon Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or willful misconduct.
- ADDITIONAL PROVISIONS
- Updating These Terms. We may modify these Terms from time to time. When we make changes to these Terms, we will update the "Last Revised" date at the top of this document. For any material changes, we will post a notice of the revisions on the main page of the Website. It is important to note that by using our Services after the effective date of any changes, you will be deemed to have accepted the updated Terms. Therefore, we will inform you of this fact alongside the notice of changes. Please review these Terms regularly to stay informed of any updates. The updated Terms will be effective as of the date specified in the updated Terms, which will be no earlier than the time of posting.
- Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company's other rights or remedies at law or in equity.
- Entire Agreement. These Terms constitute the entire agreement between you and Cinamon Inc. regarding the use of the Services, superseding any prior agreements between you and Cinamon Inc. relating to your use of the Services.
- Waiver. The failure of Cinamon Inc. to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cinamon Inc.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cinamon Inc. without restriction.
- Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to or application of conflict of law rules or principles.
- International Users. The Services are controlled and offered by Cinamon Inc. from its facilities in the Republic of Korea. Cinamon Inc. makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Notice. Where Cinamon Inc. requires that you provide an e-mail address, you are responsible for providing Cinamon Inc. with your most current e-mail address. In the event that the last e-mail address you provided to Cinamon Inc. is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Cinamon Inc.'s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
- Electronic Communications. The communications between you and Cinamon Inc. use electronic means. For contractual purposes, you (1) consent to receive communications from Cinamon Inc. in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Cinamon Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
- CONTACT INFORMATION
- If you have any questions about these Terms or the Services, please contact Cinamon Inc. at support@cinev.com or Hyoryoung-ro 77gil 28, Seocho-gu, Seoul, Republic of Korea.
- By using the Services, you signify your acceptance of these Terms. If you do not agree to these Terms, do not use the Services. Continued use of the Services following the posting of changes to these Terms will be deemed your acceptance of those changes.