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Terms of Service
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Effective day: October 9, 2019

Terms of Service

1. Introduction and Overview

We’re very glad you want to use Cinnamon. By doing so, you agree to these terms (the “Terms”) and separate terms elsewhere on the services provided by Cinnamon's web and mobile applications ("Services"), such as those of our Privacy Policy (collectively, the “Additional Terms”). If you don’t agree, you must stop using the Services right away.

2. Cinnamon Service Use

A. Content.

Our service and our content belong to us or others who have permitted us to use it. You may not copy or use any of it without our permission, unless otherwise permitted by law.

B. Limited License

Provided you act according to these terms, you can use our Services to view, download and use Cinnamon’s web content. But this does not give you ownership of it or any intellectual property rights over it. 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.

C. Accounts

Some features of our service require you to register an account. By doing so, you agree to provide accurate information, keep it up-to-date, and to keep your account secure and private. You will not transfer or share your account with anyone else and will immediately notify us of any unauthorized use of your account. You are responsible for all activities that occur on your account and we are not liable for any loss or damage to you or anyone else.

Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.

D. Submissions

You own the rights to "Content" (what you send to Cinnamon) that you create and post on Cinnamon. Other than the rights you grant to Cinnamon in this agreement, you retain all of the rights that you have to your Content.

By posting Content to Cinnamon, you give us a non-exclusive license to publish it on Cinnamon, including anything related to publishing and exploiting it (like storing, displaying, reformatting, and distributing it).

In consideration for Cinnamon granting you access to and use of Cinnamon's Services, you agree that Cinnamon may use Content you post to promote Cinnamon, including in Cinnamon's own products and content. We will not sell any rights to your Content to anyone else unless you give us permission first.

You are free to share your Content with anyone else. To provide our Services, though, we need you to give us some legal permissions to use the Content you post.

Specifically, when you share, post, or upload Content that is covered by intellectual property rights on or in connection with any Cinnamon Services platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the Content.

This means, for example, that if you share a photo on Cinnamon, you give us permission to store, display, re-format, copy, and share it with others.

You’re responsible for the Content you post. 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.

You’re welcome to post Content on Cinnamon that you’ve published elsewhere, as long as you have the rights you need to do so. By posting Content to Cinnamon, you represent that doing so doesn’t conflict with any other agreement you’ve made or violate anyone’s rights.

By posting Content to Cinnamon, you are representing that you have the right to do so. For example, you are posting a work that you created anew, is in the public domain, used under license (including a free license, such as Creative Commons), or fair use.

You grant Cinnamon permission to use your name in connection with your Content.

Payment shall be made to you on the basis of how long your Content is viewed by other subscribers. Such 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 (https://www.coil.com, https://interledger.org). Cinnamon provides the addresses of the wallets to Coil to ensure payment is made to the relevant creator. Cinnamon monitors the micropayments moving from Coil to creators, allowing the creator to see how much payment (s)he has received and ensures that the Content is only viewed by Coil subscribers.

E. Restrictions

We love diverse content, with some important restrictions.

You may not:

  • Use the Cinnamon Service or Cinnamon content unless you are at least thirteen (13) years old.
  • Use the Cinnamon Service or Cinnamon content for any political funding or unauthorized commercial purpose.
  • Engage in any activity in connection with the Cinnamon Service or Cinnamon content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Cinnamon.
  • Use the Cinnamon Service or Cinnamon content to participate in, or facilitate the participation of third parties in, illegal lotteries, games of chance, or pyramid schemes.
  • Harvest any information from the Cinnamon Service or Cinnamon content.
  • Reverse engineer or modify the Cinnamon Service or Cinnamon content.
  • Interfere with the proper operation of or any security measure used by the Cinnamon Service or Cinnamon content.
  • Infringe any intellectual property or other right of any third party.
  • 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.
  • Use the Cinnamon Service or Cinnamon content for or in connection with any of the businesses or activities listed in the Restricted Businesses part of the Stripe, Inc. Services Agreement available at https://stripe.com/us/restricted-businesses.

In addition to the foregoing, and for purposes of clarity, you shall not use the Cinnamon Service or Cinnamon content to engage in any of the following restricted businesses (“Restricted Businesses”):

GamblingIncluding but not limited to, lotteries, bidding fee auctions, fantasy sports leagues with cash prizes, contests, sweepstakes, and games of chance.
Get-Rich-Quick SchemesIncluding, but not limited to, investment opportunities or other services that promise high-rewards.
Mug Shot Publication or Pay-To-Remove SitesIncluding, but not limited to, facilitating the publication and removal of content where the primary purpose of posting such content is to cause or raise concerns of reputational harm.
No Value-Added ServicesIncluding, but not limited to, sale or resale of a service without added benefit to the buyer, resale of government offerings without authorization or added value, and services that are unfair, deceptive, or predatory toward consumers.
Intellectual Property or Proprietary Rights InfringementIncluding, but not limited to, sales, distribution or access to: counterfeit or pirated music, movies, software, texts or other materials without the appropriate authorization from the rights holder(s); any product or service that infringes or facilitates the infringement of any intellectual property right of any third party, including (without limitation) any patent, trademark, copyright, right of publicity, moral right or pri right; Cinnamon intellectual property without the prior written consent of Cinnamon; the Cinnamon name, logo, trade and service marks in a way that falsely indicates sponsorship by or affiliation with Cinnamon.

Goods and ServicesIncluding, without limitation, the sale, distribution, trading, lending or providing access to: virtual items outside of the rights licensed to you by the rightsholder(s) to the virtual item; subscriptions and subscription access beyond the rights licensed to you by the service to which the subscription pertains; age restricted goods or services; products and services with varying legal status on a state-by-state basis; and good services the sale of which is illegal under applicable law in the jurisdictions in which your business is located or to which your business is targeted or directed.

Adult Content and ServicesPornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; sites offering any sexually-related services such as prostitution, escorts, adult pay-per view, adult live chat features; sexually oriented items (e.g., adult toys); adult video stores and sexually oriented massage parlors; gentleman’s clubs, topless bars, and strip clubs; and sexually orie dating services.

AggregationEngaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; payment facilitation.
Multi-Level MarketingPyramid schemes and multi-level marketing.
Social Media ActivitySale of Twitter followers, Instagram followers, Facebook likes, YouTube views, product (including services) reviews and recommendations, and other forms of social media activity and online traffic.
Video Game or Virtual World CreditsSale of in-game currency unless the merchant is the operator of the virtual world.
Payment ProcessingSale of physical goods; payment of invoices; shopping carts (“checkout with Cinnamon”); remittances; encouraging users to idle to reach a specific amount paid; other activities whose primary purpose is not the provision of media, software and other creative content.

In addition to the foregoing, we have the following hateful conduct policy:

Hateful display names: you may not use your username, display name, or profile biography, as applicable, to engage in abusive or harassing behavior, including, without limitation, expressing hate toward an individual or group.

Violent threats: you may not use the Service to make violent threats, such as statements declaring the intent to harm, inflict injury, or death on any individual or group.

Hateful imagery: you may not use the Service to publish, distribute, or otherwise display logos, symbols, or other images that promote hostility or malice against others.

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Cinnamon Service and Cinnamon content.

F. Reservation of Rights

All rights not expressly granted to you are reserved by Cinnamon and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Cinnamon Service or Cinnamon content for any purpose is prohibited.

3. Disclaimer of Representations and Warranties

THE CINNAMON SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER CINNAMON NOR ANY OF ITS ASSIGNEES, LICENSEES, DESIGNEES, SUCCESSORS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, 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 OTHER 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. BY ACCESSING OR USING THE CINNAMON SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE CINNAMON SERVICE.

NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM CINNAMON INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

4. Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION, IN NO EVENT SHALL THE CINNAMON PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A) THE CINNAMON SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE CINNAMON SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE CINNAMON SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM CINNAMON INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.

5. Indemnification

You agree to defend, indemnify and hold harmless the Cinnamon Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Content; (iii) your misuse of the Cinnamon Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Cinnamon reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you, or to have our own legal counsel meaningfully participate in the defense, at your expense, if it is controlled by you. You agree to cooperate with Cinnamon’s defense of any claim. You will not in any event settle any claim without the prior written consent of Cinnamon. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Cinnamon Service. Cinnamon has no obligations whatsoever to indemnify you in any circumstances.

6. Copyright Infringement

A. DMCA Notification

Cinnamon responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
  • Your contact information, including your address, telephone number, and an email address;
  • A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent is:

Copyright Control Officer

Cinnamon Technologies, Inc.

c/o Harvard Business Services, Inc.
16192 Coastal Highway, Lewes
County of Sussex, DE 19958
Email: dmca@cinnamon.video

You can obtain further information from the Copyright Office’s online directory at https://copyright.gov/dmca-directory.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

B. Counter Notification

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

  • A physical or electronic signature;
  • 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;
  • 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; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Cinnamon may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

We will respond to counter notifications in accordance with the DMCA.

8. Subscriptions and Products

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 video content using the Cinnamon Service. Subscriptions can be purchased by paying a periodic subscription fee or in any other manner designated by Cinnamon in its sole discretion. Cinnamon will disclose to you the particular terms for any Subscription prior to collecting initial payment for any Subscription. When you register for a Subscription, depending on the particular Subscription in question, you, inter alia, may get access to the premium areas of the Cinnamon Service. YOU CANNOT TERMINATE YOUR SUBSCRIPTION BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND CINNAMON WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. Cinnamon may change the price for the Subscriptions, from time to time, by posting the new price on the Cinnamon Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Cinnamon Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Cinnamon Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.

From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We may require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, WE 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 Section.

At least some of the payments we collect from you for any Subscription or Trial will be disbursed to third parties, including, but not limited to, Third Party Services (as defined below), as further detailed in our FAQs. Any payments, or portions thereof, that we donate to a not-for-profit third party or Third Party Service, does not entitle you to a tax refund. Any payments or disbursements from us to you, any third party, or any Third Party Service, will be made in accordance with our FAQs.

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. For example, if you are obligated to file a United States 1099 tax form because our payments exceeded a given threshold, you must provide us with sufficient information to issue you the 1099 form. Payments may be resumed after we receive such information. As another example, we may cease payments to you if it is unlawful for Cinnamon to make such payments. Cinnamon shall have no obligation to account to you for any missed payments between the time such payments ceased and were resumed.

We try to describe every product or service offered on the Cinnamon Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Cinnamon Service is complete, accurate, reliable, current, or error-free, and shall have no liability in connection therewith. In the event of any errors relating to the pricing or specifications, Cinnamon shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from Cinnamon is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.

For any purchases made through third party platform providers, such as Apple, Amazon, Roku, Google or Coil, please contact their customer support. Their terms, conditions and policies, and not ours, apply and we do not handle returns or refund requests for purchases through those third party platform providers.

9. Customer Support

If you have any questions or comments, please send an email to info@cinnamon.video. You acknowledge that the provision of support is at Cinnamon’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to:

Customer Support

Cinnamon Technologies, Inc.

c/o Harvard Business Services, Inc.

16192 Coastal Highway, Lewes

County of Sussex, DE 19958

USA

When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

10. Third Party Services

The Cinnamon Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into the Cinnamon Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.

11. Cinnamon Service Features

A. Wireless Features

The Cinnamon Service may offer features that are available to you via your wireless Device including the ability to access the Cinnamon Service’s features and upload content to the Cinnamon Service (collectively, “Wireless Features”). By using the Cinnamon Service, you agree that Cinnamon may collect information related to your use of the Wireless Features, but only in accordance with our Privacy Policy. Data rates and other carrier fees may apply.

B. Location-Based Features

You acknowledge that your location may be tracked, but again, only in accordance with our Privacy Policy. We will never collect precise location data without your explicit permission. Location-based features are used at your own risk and location data may not be accurate.

C. Communications

(i) Emails: 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.

(ii) Push Notifications: You can 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 by you is limited to the email address or device used and will not affect subsequent subscriptions.

12. 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.

A. We Both Agree to Arbitrate

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 if there are otherwise exigent circumstances. 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.

B. What is Arbitration

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

C. Arbitration Procedures

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. To initiate arbitration, you or Cinnamon must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at https://jamsadr.com.

(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111.

(3) Send one copy of the demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will 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). Arbitration under this agreement shall be held in the United States in San Francisco, California under California law without regard to its conflict of laws provisions. If travelling to San Francisco, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D. Authority of Arbitrator

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 Terms. 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.

E. Waiver of Class Actions

You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

F. 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.

G. Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco, California.

13. Waiver of Injunctive or Other Equitable Relief

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO SEEK OR OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CINNAMON OR A LICENSOR OF CINNAMON.

14. Updates to Terms

From time to time, it may be necessary to revise or reissue these Terms as we develop technologies to do more with less data, launch new products, adapt to new laws or regulations, respond to user feedback, etc. We reserve the right to update these Terms as we deem appropriate and will provide you notice via email when we do. Any changes will be effective immediately upon posting them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, you agree that your sole recourse is to cease using the Cinnamon Service, and we shall have no liability therefor.

15. General Provisions

A. Consent or Approval

No Cinnamon consent or approval may be deemed to have been granted by Cinnamon without being in writing and signed by an officer of Cinnamon in advance.

B. Survival

The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Cinnamon Service, including sections on Cinnamon Service Use (except for the limited license), Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Cinnamon Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.

C. Severability; Interpretation; Assignment

If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Cinnamon may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Cinnamon.

D. Complete Agreement; No Waiver

These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Cinnamon Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Cinnamon Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by Cinnamon in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

E. International Issues

Cinnamon controls and operates the Cinnamon Service from the U.S., and Cinnamon makes no representation that the Cinnamon Service is appropriate or available for use beyond the U.S. 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.

F. Investigations; Cooperation with Law Enforcement

Cinnamon reserves the right to investigate and prosecute any suspected breaches of these Terms or the Cinnamon Service or any other matter related hereto. Cinnamon may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

G. California Consumer Rights and Notices

Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254. Their website is located at: https://dca.ca.gov.

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