Cinetext Terms of Service

Last modified: January 10, 2017

Cinetext, LLC (“Cinetext,” “our,” “we,” or “us”) provides messaging and check-in services to iPhone® and Android® users in the United States. You agree to our Terms by installing, accessing, or using our apps or services (together, “Services”). Please read these Terms carefully.

NO ACCESS TO CALLING OR EMERGENCY SERVICES: Our Services do not provide access to phone service or emergency service providers, including police, paramedics, fire departments or hospitals. Be sure you can contact your relevant emergency services providers through a telephone or other service.

About our services

Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages (from us or our third-party providers) with codes to register for our Services.

Address Book. You provide us the phone numbers of Cinetext users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services.

For Users Over 13 Only. You must be at least 13 years old to use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have legal authority to agree to our Terms, your parent or guardian must agree to our Terms on your behalf.

Devices and Software. You must provide certain devices, software and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. Charges paid by you to download the Cinetext app are non-refundable. Payment processing is subject to the terms and conditions and privacy policy of the payment processor and your credit card provider in addition to these Terms. We are not responsible for any errors by the payment processor or your credit card provider.

Privacy Statement and User Data

Cinetext cares about your privacy. Cinetext’s Privacy Statement www.cinetext.com/privacy describes our data practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing and sharing of your information as described in our Privacy Statement, as well as the transfer and processing of your information to the United States and other countries where we have or use facilities, service providers or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from the United States.

Acceptable Use of Our Services

Our Terms and Policies. You must use our Services according to our Terms and other posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:

(a) violate, misappropriate, or infringe the rights of Cinetext, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crime;

(c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone;

(e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm to Cinetext or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:

(a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;

(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;

(c) gain or attempt to gain unauthorized access to our Services or systems;

(d) interfere with or disrupt the integrity or performance of our Services;

(e) create accounts for our Services through unauthorized or automated means;

(f) collect the information of or about our users in any impermissible or unauthorized manner;

(g) sell, resell, rent, or charge for our Services; or

(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

Keeping Your Account Secure. You are responsible for keeping your device and your Cinetext account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use a third party application or website to send information to your Cinetext contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. Cinetext does not claim ownership of the information that you submit for your Cinetext account or through our Services. You must have the necessary rights to such information that you submit for your Cinetext account or through our Services and the right to grant the rights and licenses in our Terms.

Cinetext’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents or other intellectual property rights without our express written permission.

Your License to Cinetext. In order to operate and provide our Services, you grant Cinetext a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 6 months as we try to deliver them, and otherwise as described in our Privacy Statement).

Cinetext’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

DISCLAIMERS

No Warranty, General Release

WE CAN’T GUARANTEE THAT USING CINETEXT IS FOOL PROOF, SO IT’S UP TO YOU TO USE CINETEXT RESPONSIBLY. SOME THEATERS MAY HAVE A NO-TEXTING POLICY, AND WE CAN’T GUARANTEE THAT CINETEXT IS AN EXCEPTION TO SUCH POLICIES. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “CINETEXT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: 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.

Limitation of Liability

CINETEXT WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE CINETEXT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE CINETEXT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Cinetext from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

Availability and Termination of Our Services

Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services such as natural disasters and other force majeure events.

Termination and Survival. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Cinetext: “Licenses,” all provisions under the heading “Disclaimers,” “Limitation of Liability,” “Indemnification,” all provisions under the heading “Dispute Resolution,” “Availability and Termination of our Services,” and “Other.”

Other

  • Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Cinetext and our Services, and supersede any prior agreements.
  • We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
  • You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxy or other methods.
  • Any amendment to or waiver of our Terms requires our express consent.
  • We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please read our Terms from time to time for any changes.
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  • You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
  • Nothing in our Terms will prevent us from complying with the law.
  • Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
  • If we fail to enforce any of our Terms, it will not be considered a waiver of that or any other term.
  • If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such rights that may not be waived by contract.
  • We always appreciate your feedback about Cinetext and our Services, but you understand that we may use your feedback and suggestions without any obligation to compensate you.

Do Not Track Disclosure

California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there is no industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time.

DISPUTE RESOLUTION – READ CAREFULLY

BINDING ARBITRATION REQUIRED. You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively "Disputes") will be settled exclusively by binding arbitration between you and Cinetext, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Cinetext are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Cinetext otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

ARBITRATION RULES AND GOVERNING LAW. The binding arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE. The arbitration will be conducted in the City and County of San Francisco, California, and may be conducted by teleconference if you request. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The arbitrator will make a finding of facts and render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in the Superior Court of California located in the City and County of San Francisco or any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing party in arbitration may be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law, at the arbitrator’s sole discretion.

Arbitration Fees. Each party’s responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator may order such to pay the other’s reasonable attorney’s fees and costs.

Changes to Dispute Resolution Procedure. Notwithstanding the provisions of the modification-related provisions above, if Cinetext changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Cinetext written notice of such rejection by mail or hand delivery to: Cinetext, LLC, Attn: Legal - 200 West 34th Avenue, Anchorage, Alaska 99503-3969, or by email from the email address associated with your Account to: legal@cinetext.com, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Cinetext in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Time Limit to Start Arbitration. We and you agree that for any Dispute we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late regardless of any statute of limitations that may have otherwise governed.

Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Cinetext and you, without regard to conflict of law provisions.

Severability. If any term herein is unenforceable for a Dispute, then such provision will be severed from the rest of the Terms as null and void, and the remaining terms shall remain in force and effect to the fullest extent of the law.

Intellectual Property Policy

Cinetext, LLC ("Cinetext," "our," "we," or "us") is committed to helping protect intellectual property rights. Our users agree to our Terms of Service ("Terms") by installing, accessing, or using our apps, services, features or software (together, "Services"). Our Terms do not allow our users to violate someone else's intellectual property rights when using our Services, including their copyrights and trademarks.

Copyrights and Trademarks

To report a copyright or trademark infringement and request that Cinetext remove any infringing content it is hosting, please email a completed infringement claim containing the information listed below to legal@cinetext.com. All trademarks appearing in the Services are property of their registered owners.

What to Include in Your Copyright or Trademark Infringement Claim to Cinetext

Please include all of the following information when reporting a copyright or trademark infringement claim to Cinetext:

  • Your complete contact information (full name, mailing address, and phone number). Note that we regularly provide your contact information, including your name and email address (if provided), the name of your organization or client who owns the rights in question, and the content of your report to the person whose content you are reporting.
  • A description of the copyrighted work or trademark that you claim has been infringed.
  • A description of the content hosted on our Services that you claim infringes your copyright or trademark.
  • Information reasonably sufficient to permit us to locate the material on our Services. The easiest way to do this is by providing us the phone number of the individual who has submitted the infringing content on our Services.
  • A declaration that:
    • You have a good faith belief that use of the copyrighted or trademarked content described above, in the manner you have complained of, is not authorized by the copyright or trademark owner, its agent, or the law;
    • The information in your claim is accurate; and
    • You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed.
  • Your electronic signature or physical signature.

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