Terms Of Service


  1.  Your Acceptance

A.     By clicking below or otherwise using or visiting the website https://cinematique.com owned and operated by Cinematique, Inc. (the “Company”) or any other site, products, software, data feeds, and services provided to you on, from, or through the website or websites owned and operated by the Company (collectively the "Service") you signify your agreement to (i) these terms and conditions (the "Terms of Service"), and (ii) Cinematique’s Privacy Policy, found at http://www.cinematique.com/privacy and incorporated herein by reference. If you do not agree to any of these terms or the Company’s Privacy Policy, please do not use the Service.

B.    We will send  notice when major changes are made to these Terms of Service however,  you should periodically review the most up-to-date version at https://cinematique.com/terms. The Company may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions by continuing to use the Service. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

  1. Service

A.     These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Cinematique, including but not limited to all products, software and services offered via the Company’s website, such as the Company’s channels, the Company’s "Embeddable Player," the Company’s "Uploader" and other applications.

 

B.     The Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website.

 

C.     Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

 

D.     The Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

  1. User Accounts

A.     In order to access some features of the Service (including but not limited to uploading Content) you will have to create a user account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.  You agree to use reasonable efforts to prevent unauthorized access to or use of the Service and any device that you use to access the Service. You must notify the Company immediately of any breach of security or unauthorized use of your account.

B.     The Company will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of the Company or others due to such unauthorized use.

 C.     You agree to receive email from us at the email address you provided to us for customer service-related purposes. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at notices@cinematique.com

  1. General Use of the Service — Permissions and Restrictions

The Company hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

A.     If you are using the Service on behalf of a company, entity or organization (collectively, “Organization”), then you represent and warrant that you:

  i.         are an authorized representative of that Organization;

  ii.         have the authority to bind that Organization to these Terms of Service; and

  iii.         agree to be bound by these Terms of Service on behalf of that Organization.

 

B.     You agree not to distribute in any medium any part of the Service or the Content without the Company's prior written authorization, unless the Company makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).

 

C.     You agree not to alter or modify any part of the Service.

 

D.     You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means the Company may designate.

E.     You agree not to use the Service for any of the following commercial uses unless you obtain the Company's prior written approval:

i.         the sale of access to the Service;

ii.         the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

iii.         the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from the Company appears on the same page and is of sufficient value to be the basis for such sales.

F.     Prohibited commercial uses do not include:

i.         uploading an original video to the Company to promote your business or artistic enterprise;

ii.         showing the Company videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in this Section 4; or

iii.         any use that the Company expressly authorizes in writing.

G.    If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the Company’s website.

H.     If you use the Company’s Uploader, you agree that it may automatically download and install updates from time to time from the Company. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Uploader.

I.      You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

 

J.     You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies, or procedures of such networks or servers, including but not limited to posting, transmitting, or otherwise making available any virus, worm, spyware, or any other computer code, file, or program to disable, impair, damage, or hijack the operation of any hardware, software, telecommunications equipment, or any other aspect of the Service or the business of the Company.

 

K.     You agree not to provide false personal information to the Company, to impersonate another person or entity, or solicit or attempt to solicit personal information from other users. You also agree not to gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service. You agree not to create a new account with the Company or the Service, without the Company’s express written consent, if the Company has previously disabled an account of yours.

 

L.     You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Company employees and other users.

 

M.    You agree not to use the Service to build a competitive product or service, and agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service, or collect information about users.  

 

N.     In your use of the Service, you will comply with all applicable laws, and agree not to assist in or permit any other person to violate the Terms of Service or engage in any of the activities described above.

O.    The Company reserves the right to revise or discontinue any aspect of the Service at any time, including hours of operation or availability of the Services, or any feature, without notice or liability.

  1. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A.     The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.

 

B.     We authorize you, subject to these Terms of Service, to access and use the Service. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by the Company on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Company or the respective licensors of the Content. Unauthorized use of Content may violate copyright, trademark and other intellectual property law as well as applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, Marks and other proprietary notices contained in the original Content in any copy you make of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.

C.     You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

D.     You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent of the  law regarding all matters related to your use of the Service.

  1. Your Content and Conduct

A.     As a Company account holder you may submit Content to the Service, including videos and user comments. You understand that the Company does not guarantee any confidentiality with respect to any Content you submit.

B.     You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service, including anyone’s reliance on its quality, accuracy, or reliability. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

C.     If you submit a project to the Company by uploading Content, please allow up to 30 days for the Company to review and approve your submission.

D.     For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Company, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for any purpose or in connection with the Service and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that the Company may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

E.     You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.

 

F.     The Service contains Content from users and other Company licensors. Except as provided within these Terms of Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service. You further understand and agree that you will not obtain, as a result of your use of the Service, any right, title, or interest in or to others’ Content delivered via the Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the Content.

G.    You further agree that you will not submit to the Service any Content or other material that is pornographic, sexually explicit, depicts persons doing illegal activity, graphic or gratuitously violent or contrary to applicable local, national, and international laws and regulations.

H.     The Company does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights. The Company reserves the right to remove Content without prior notice.

I.      You agree that the Company shall have the right but not the obligation to publish any Content uploaded as part of the Service. The Company also reserves the right to refuse to accept, display or transmit any Content in its sole discretion.

  1. Account Termination Policy

A.     The Company may terminate a user's access to the Service in its sole discretion for reasons including, but not limited to, violating these Terms of Service.

B.     The Company reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. The Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

  1. Digital Millennium Copyright Act

A.     The Company’s intellectual property policy is to (i) remove or disable access to material that the Company believes in good faith, upon notice from an intellectual property owner or its agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any user Content uploaded to the Service by “repeat infringers.” The Company considers a “repeat infringer” to be any user that has uploaded Content to or through the Service and for whom the Company has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such Content. The Company has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon the Company’s own determination.

 

B.     If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

 i.         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 ii.         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii.         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

iv.         Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail;

v.         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi.         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 owner of an exclusive right that is allegedly infringed.

The Company's designated Copyright Agent to receive notifications of claimed infringement can be addressed to Copyright Team atinfo@cinematique.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company’s customer service through admin@cinematique.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. The Company may share your Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you consent to the Company making such disclosure. You should consult with your owner lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid Notice of Claimed Infringement.

C.     False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Company] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).

 

The Company reserves the right to seek damages from any party that submits a notification under this Section in violation of the law.

 

D.     Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

 i.         Your physical or electronic signature;

 ii.         Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

 iii.         A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

iv.         Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

E.     If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.

  1. Suggestions and Submissions

F.     We appreciate hearing from our users and welcome your comments regarding the Service.  Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we will:

i.         own, exclusively, all now known or later discovered rights to the Creative Ideas;

 ii.         not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and

 iii.         be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK, AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including your use of or reliance on any third-party content; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  1. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

  1. 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 the Company without restriction.

 

  1. General

You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Service shall be decided exclusively  will be governed by arbitration in New York, NY administered by the American Arbitration Association under its National Rules.  Any arbitration award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All costs of the arbitration shall be paid by the Company in advance of any arbitration award. Employee confirms review of the National Rules for the Resolution of Employment Disputes maintained by the American Arbitration Association at www.adr.org, and agree that they are reasonable.  These Terms of Service, together with the Privacy Notice at http://cinematique.com/privacy  and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intention as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. FURTHER, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY 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.

  1. Company Contact Information

Cinematique, Inc.

270 Lafayette Street, #1105

New York, NY 10012

info@cinematique.com