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Cinsay has invented the new world of cCommerce. Now your store is viral, embeddable, and easy to use, update, and maintain. With Cinsay, doing business online will never be the same.
Secure and Trusted: The Cinsay Smart Container Platform uses the secure payment bridge, which assists merchants in meeting PCI compliance with this secure payment application. The PCI Data Security Standard (PCI DSS) was created by the major credit card companies to ensure the adoption of consistent security measures by all merchants.
The Cinsay Smart Store platform provides feature-rich eCommerce, donation, and lead generation capabilities that offer merchants complete flexibility and control over their storefronts, merchandise, and sales.
The Cinsay Smart Container lets you display your storefront on Facebook or other social media platforms and take orders anywhere. Your storefront is now portable, viral, and provides an easy-to-use shopping experience. And with the click of a button, your customers can share your storefront with all of their friends.
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This Agreement is between you as our User and Cinsay with its affiliated companies ("Cinsay") and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service.
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
Term: The term of this Agreement is month to month, beginning on acceptance and ending on termination. Acceptance by you occurs upon the earlier of: (a) your acceptance of this Agreement electronically during an online order; (b) registration of your player; (c) when installing any provided Software; (d) your use of an API or of the Service.
Termination and/or Suspension by Cinsay: Cinsay reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service, support for API's, software, players or any part of it with or without prior notice. If Cinsay elects to change the Service, API's, software, players or a part thereof or if you violate the terms of this Agreement. If Cinsay terminates your Service you must immediately stop using the Service. If your Service is used in the future, registration and other fees may apply.
DELETION OF DATA UPON TERMINATION. YOU AGREE THAT IF YOUR SERVICE IS TERMINATED OR SUSPENDED FOR ANY REASON, CINSAY HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, CONTENT OR ANY OTHER DATA) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU.
"Content" means content provided by Cinsay, or from its affiliated entities including third party licensors or suppliers, including without limitation images, photographs, animations, video, audio, music, and text in any format.
"Equipment" means the modem, router and/or other equipment provided by Cinsay for use with the Service.
"Service" means any Cinsay Service(s), Cinsay Software, Content, Additional Services as may be provided, technical support, email, domain name server ("DNS") and related services, Cinsay Platform, Cinsay Web Sites and other products and services provided by Cinsay under separate agreement or as applicable to your use, registration. The Service may include services (including but not limited to payment services) provided by other entities or persons as assigned solely at the discretion of Cinsay.
"Cinsay Web Site(s)" mean the sites including but not limited to the sites located at Cinsay.net, Cinsay.com and Cinsaylite.com, etc., which are comprised of various web pages, tools, information, software, content, and features operated by Cinsay.
"Fee Schedule" shall mean any applicable fees for the Cinsay Services as published on the Cinsay Web Site(s), which are subject to change or recision at any time at Cinsay's sole discretion.
"Payment Account" shall refer to the payment methods including but not limited to credit cards, Pay Pal, or other Cinsay accepted payment methods or accounts provided by You upon registration to pay for Your Services. Cinsay may add, delete, or modify the methods by which customers can pay for the Cinsay Services at any time without prior notice, in its sole discretion. Payments processed by Pay Pal or other services are subject to those services terms and conditions of service, and Cinsay makes no representations or warranties with respect to those services. All of the methods and services You use are subject to the terms and policies of the third parties providing the methods and services and are not the policies and terms of Cinsay. You agree that all payments owed Cinsay are owed Cinsay without recourse to such third parties.
From time to time we will make revisions to this Agreement and the policies relating to the Service. We will provide notice of such revisions by posting revisions to the Cinsay Web Site(s), or sending an email to the email address that you provide to receive communications from us (your "Primary Email Address"), or both. You agree to visit the Announcements page periodically and to check your email box to review any such revisions. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You, if a registered user, agree promptly to notify Cinsay whenever your information changes.
You are responsible for all use of your use of the Service, connectivity, and account, whether by you or someone using your connectivity or account with or without your permission, including any or all secondary accounts associated with your primary account. Furthermore, you agree to pay for all activity associated with your account. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service and to only use the Service within the United States.
You may not pass through, license, resell, re-provision or rent the Service, (either for a fee or without charge) or allow third parties to use the Service without Cinsay's express written permission, such as via a Cinsay Reseller agreement or other Cinsay instrument. Violation of this section may result in suspension, termination or other restrictions on your Service. You are not otherwise restricted from accessing the Service unless otherwise terminated or prohibited by Cinsay.
Changes to Service or Features. Cinsay reserves the right to change any of the features, Content or applications of the Service at any time with or without notice to you. This includes system updates, upgrades, or new features we may make available as part of the Service or for an additional charge.
We may or not provide you, for a fee or at no charge, software for use in connection with the Service which is owned by Cinsay or its third party licensors, providers and suppliers ("Software"). We reserve the right periodically to update, upgrade or change the Software or otherwise and you agree to use and upgrade to the latest versions of any software provided. Moreover, you acknowledge that the software may not provide the intended functionality and is used by you at your own risk and without redress from Cinsay to you. You fully indemnify Cinsay for any loss of any type as may arise form the access or use of such Software provided. You may use the Software only in connection with the Service and for no other purpose.
Certain Software may be accompanied by an end user license agreement ("EULA") from Cinsay or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Cinsay or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Cinsay or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Cinsay or its third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Cinsay or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
Your license to use the Service remain in effect until terminated by Cinsay or its third party licensors, or until your Service is terminated. Upon termination of your Service, you must cease all use of and, if there is any Cinsay Service software located on your computer(s), immediately delete such Software from your computer(s).
If you subscribe to or otherwise use any third party services offered by Cinsay, your use of such services is subject to the EULA of that third party provider. Violation of those terms may, in our sole discretion, result in the termination of your Service.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Cinsay Web Sites (including but not limited to, related software, images, photographs, animations, video, audio, music, text, and content), are owned by Cinsay, its affiliates or licensors. All title and intellectual property rights in and to the information and content which may be accessed through use of the Cinsay Web Sites are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant any rights to the Cinsay Web Sites, other than the right to use the Cinsay Web Sites according to the terms of the Agreement.
Usage Data. With the exception of information collected in the context of user purchases, including such information as needed to complete credit card transactions and shipping and fulfillment information, or such information as may be collected on an "opt in" basis, such as but not limited to for communicating special "deals" or "coupons" or other communications, the Cinsay Platform may communicate certain non-personally identifiable usage information to Cinsay and/or third party licensors to help Cinsay and its licensors compile aggregate statistical usage data for the Cinsay Platform including but not limited to data regarding the number of Cinsay Platform installations, unique users, sales events, corollary incidents and searches performed. Such aggregated statistical information will not usually include information that individually identifies Cinsay Platform users. The Cinsay Platform collects user's IP addresses for the sole purpose of enabling proper geographic localization, such as warranting access and use occurrences within geographic areas. While the IP address is stored for these and other purposes, neither Cinsay nor its licensors use this information in violation of this Agreement. The Cinsay Platform does not collect any information that individually identifies users.
Prices and Fees. You agree to pay the fees applicable to your Service registration either on a monthly or prepaid basis, as applicable, and to pay applicable taxes, and other recurring and nonrecurring charges associated with the Service you have selected. The taxes, fees and other charges may vary. Surcharges and recovery fees are not taxes and are not required by law, but are set by Cinsay and may change. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds.
Specific terms and conditions, including but not limited to service rates, billing terms, surcharges, activation, fees, service limits, shipping and handling charges, returns, restocking, etc., are cared for in the specific service plan agreement(s) you have signed up for.
Late Fees. If any portion of your bill is not paid by the due date, Cinsay may terminate your registration and use of part or all of the Service. Otherwise, the late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. If Cinsay uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees.
LOCAL INTERNET BANDWIDTH, MOBILE INTERNET, TELEPHONE, TOLL AND LONG DISTANCE CHARGES. CINSAY IS NOT RESPONSIBLE FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, CABLE OR INTENET SERVICE CHARGES, LOCAL BANDWIDTH CHARGES, MOBILE DATA PLANS, LONG DISTANCE AND METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE.
Information Management. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT CINSAY IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON CINSAY'S OR ANY THIRD PARTY'S SERVERS.
Content and Data Management by Cinsay. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for load balancing, service, back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any Cinsay server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
Your Responsibilities Regarding Security. You agree that you are solely responsible for maintaining the security of your connectivity, computer(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. If you believe your login credentials have been lost or stolen, or that someone has gained access to your account or login credentials without your permission, call us immediately at 866-713-1677. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.
Monitoring of Network Performance. Cinsay automatically measures and monitors network performance and the performance of your Service usage and connection to our network. We also will access and record information about your profile and settings and the installation of software we may provide. You also consent to Cinsay's monitoring of your connection to the Service and network performance as they relate to the Service, Software, or other services, which we may offer from time to time. We do share information collected for the purpose of network or computer performance monitoring and for providing customized technical support outside of Cinsay or its authorized vendors, contractors and agents.
You acknowledge and agree that Cinsay (a) is not responsible for invalid destinations, transmission errors, or the corruption of data including yours; and (b) does not guarantee your ability to access locations provided in the Content, other websites, servers or other facilities or that the Service is secure or will meet your needs.
You acknowledge that the Service may allow access to information which may be unsuitable for children, contain sexual content, be sexually explicit, contain themes actions or activities you do not approve, inappropriate or offensive, or otherwise. You agree that the supervision of use of the Service by you, your family, business or children is your responsibility and that Cinsay is not responsible for access by you or any other users to any provided objectionable or offensive Content. CINSAY STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
You are not authorized to use any Cinsay name or mark as a hypertext link to any Cinsay Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Cinsay via registration and licensure of the use of the Cinsay Service. You are authorized to link to the Content and to pass that link to others via lawful and authorized means. Cinsay does not endorse, condone, or support spam or other Cinsay disapproved or unlawful means of delivery of the links to Content.
You agree that Cinsay assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, Cinsay Web Sites or in any other public services or social networks, and that Cinsay does not endorse any advice or opinion contained therein, whether or not Cinsay provides such service(s). Cinsay does not monitor or control such services, although we reserve the right to do so.
You represent and warrant that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights. Cinsay is not and will not serve as your take down agent. You acknowledge and agree you are solely responsible for all take down issues and will care for your own take downs.
Websites linked to or from the Service are not reviewed, controlled, or examined by Cinsay and you acknowledge and agree that Cinsay is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement, implied or expressed, by Cinsay.
If you choose to access the Cinsay Web Sites from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which you reside. Cinsay makes no representation that materials on the Cinsay Web Sites are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE(S) SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, CINSAY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "CINSAY PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MORAL RIGHTS, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY CINSAY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
CINSAY DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVIDED TO YOU OR THAT IT CAN BE ACCESSED AT YOUR LOCATION, EVEN IF CINSAY HAS ACCEPTED YOUR REGISTRATION OR ORDER. THE AVALIABILITY OF CINSAY AND ITS CONTENT AND SERVICES IS SUBJECT TO INTERNET AVAILABILITY AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.
CINSAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. CINSAY SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL THE CINSAY PARTIES OR CINSAY'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CINSAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
THE LIABILITY OF THE CINSAY PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO CINSAY FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO CINSAY'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Cinsay Parties from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service.
Notices required under this Agreement by you must be provided to us at One Galleria Tower, Ste 400, 13355 Noel Road, Dallas, TX 75240, Attention: Customer Service in the manner set forth in the Contact Us section of the Website. Notice by Cinsay to you (including notice of changes to this Agreement under Section 3) shall be deemed given when: (a) transmitted to your Primary Email Address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Announcements page of the Website.
If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
Cinsay will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.
You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
Except as otherwise required by law, you and Cinsay agree that the substantive laws of the State of Texas, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Cinsay CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN DALLAS, TEXAS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Texas laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Cinsay or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
Cinsay's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
This Agreement, including all Policies referred to herein and posted on the Website, constitutes the entire agreement between you and Cinsay with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Cinsay.
General Policy: Cinsay reserves the sole discretion to deny or restrict your registration or Service, or immediately to suspend or terminate your registration or Service, if the use of the Service by you or anyone using it, in our sole discretion, violates the Agreement or other Cinsay policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Cinsay network by Cinsay or other users, or violates the terms of this Acceptable Use Policy ("AUP").
Specific Examples of AUP Violations. The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Cinsay or any other entity, or to penetrate the security measures of Cinsay or any other person's computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, "spamming", "flaming" or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate Cinsay's or any third party's copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct harmful to the Cinsay network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the Service to violate any rule, policy or guideline of Cinsay; (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (l) download or use the Service in Cuba, Iran, North Korea, Sudan and Syria or to destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce.
Copyright Infringement/Repeat Infringer Policy. Cinsay respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Cinsay's systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Cinsay to suspend or terminate, in appropriate circumstances, the Service provided to any User or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Cinsay expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any User or account holder if Cinsay, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Cinsay may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Cinsay's designated Copyright Agent as set forth in Cinsay's Copyright Policy located at http://www.Cinsay.com/copy.html.
Cinsay may, but is not required to, monitor your compliance, or the compliance of other Users, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that Cinsay shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.