Please read the terms and conditions ("T&Cs") of this Terms of Service Agreement ("TOS Agreement") carefully before proceeding with the sign-up process. By completing the sign-up process or installing or using any materials ("Licensed Materials") of CYNAMON Inc. ("CYNAMON"), a company incorporated in the British Virgin Islands with its registered office address at P.O. Box 957, Offshore Incorporations Centre, Road Town, Tortola, British Virgin Islands, you are agreeing to be bound by and are becoming a party to this TOS Agreement. In order to install any Licensed Materials, you must agree to these T&Cs. Installation and use of the Licensed Materials is voluntary. CYNAMON, the owner of the Licensed Materials, may modify or discontinue your right to access or use the Licensed Materials and/or the Service at any time and for any reason whatsoever. If you are unwilling to be bound by all of the T&Cs of this TOS Agreement, you should discontinue the sign-up process.
This TOS Agreement represents the entire agreement concerning the use of the CYNAMON service (the "Service") and of the Licensed Materials and it supersedes any prior proposal, representation, or understanding between the parties. Unless otherwise amended, the TOS Agreement shall apply to any modified version or upgrade of the Service delivered by CYNAMON to you.
1. Terms of Service Agreement Grant
CYNAMON grants to you a personal, revocable and nonexclusive ability to use the Service during the term only as authorized in this TOS Agreement. You agree that you will not assign or otherwise transfer your rights under this TOS Agreement. The CYNAMON Service is designed to be an entertainment resource only, and should not be relied upon for any other purpose whatsoever. You hereby appoint CYNAMON as your agent to obtain information on your behalf. In providing content, CYNAMON will rely on its employees, agents, third party partners, as well as on information resources available on the Internet.
2. Ownership of Licensed Materials and Authority to Bind Users
All the intellectual property in the Licensed Materials is owned by CYNAMON. IT IS ASSUMED THAT YOU ARE THE OWNER OF THE MOBILE PHONE ON WHICH THE LICENSED MATERIALS WILL BE INSTALLED, OR YOU MUST BE AUTHORIZED BY THE OWNER OF THE MOBILE PHONE TO INSTALL IT.
3. Scope of License, Use of the Service and Restrictions.
The Licensed Materials are merely licensed and not sold to you and user rights with regard to the Licensed Materials are granted hereunder. You shall not modify, adapt, translate reverse-engineer, decompile, disassemble, or otherwise discover the Licensed Materials. You shall not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any confidential information of CYNAMON including but not limited to all communications between you and CYNAMON or its affiliates, the Licensed Materials, any contents stored on servers of CYNAMON or its affiliates except as may be performed by the Licensed Materials in the ordinary course of operation. You shall not have the right to create derivative works of Licensed Materials in any event.
In order to access the Service, you may be required to provide information about yourself as part of the registration process for the Service, or as part of your continued use of the Service. You agree that any registration information you give to CYNAMON will always be accurate, correct and up to date. You agree to use the Service only for purposes that are permitted by (a) the T&Cs and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by CYNAMON, and you specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you are solely responsible for (and that CYNAMON has no responsibility to you or to any third party for) any breach of your obligations under the T&Cs and for the consequences (including any loss or damage which CYNAMON may suffer) of any such breach. You agree to use the Service for personal use only and further acknowledge that you may not market, distribute or offer the Service as a free or charged service to any third party and/or make any commercial use of the Service whatsoever without the written authorization of CYNAMON. You agree that all rights not expressly granted herein are reserved by CYNAMON.
4. Upgrades; New Versions
This TOS Agreement covers the version of the Service current as of the date of sign-up and any updates thereto. In the event that upgraded versions of the Service are developed, CYNAMON may, at its discretion, make such upgrades available to those users that have paid any required fees for such upgrades. Notwithstanding the foregoing, although CYNAMON does not intend to charge users for any updates to the Service, CYNAMON does reserve the right to charge fees for the use of any updated, upgraded, or new versions of the Service.
5. Technology Rights
You acknowledge and agree that the Service is a proprietary product of CYNAMON and/or its licensors, and that all right, title, and interest in and to the Service, including associated intellectual property rights, is and shall remain with CYNAMON and/or its licensors. This TOS Agreement does not convey to you an interest in or to the Service, but only a limited right of use revocable in accordance with the T&Cs of this TOS Agreement. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, RENT, LEASE OR LOAN THE SERVICE OR DOCUMENTATION OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR THE DOCUMENTATION.
6. Authorization to Push Content to your mobile phone.
By accepting these TOS Agreement of CYNAMON, you agree that CYNAMON may send alert data content to your wireless device, and understand that such data content may include advertising materials from third party affiliates contracted by CYNAMON or its affiliates. By accepting T&Cs of these TOS Agreement, you agree that you are granting CYNAMON express permission to send such content and affiliate’s advertising materials, even if you are registered on a Do-Not-Call registry or any other similar service. Accepting these TOS Agreement does NOT authorize CYNAMON to send you any other commercial messages beyond those described above, or to contact you at any time. At your request, CYNAMON will provide to you a list of all third parties whose advertisements may be included with your content.
7. Fees, Costs and Expenses
You agree that you will be responsible for any and all fees, costs or expenses you may directly or indirectly incur as a result of using the Service. Such fees, costs and expenses include, but are not limited to, any amounts due from the use of a provider network that allows you to access the Service, amounts charged for text-messaging services, Data service costs associated with the use of cellular or hand-held network minutes or other time periods upon which billing may be based or any other amounts charged by a provider or third party in connection with the use of the device by which you access the Service or as a result of the use of the Service itself, including any taxes or other fees attributable thereto. All of the free content categories placed through the CYNAMON application will be provided by CYNAMON and no fee will be charged. You will be given an opt-in option to agree to any fee before your first time being charged. Additional fees and charges associated with premium services offered by CYNAMON may be charged either per incident or in a flat re-occurring rate independent of usage. You must first opt in and then confirm acceptance of the billing agreement before receiving and/or being charged for these services. Standard minute and text messaging rates do apply and may be billed independently of CYNAMON by a user’s carrier regardless of the type of data provided.
8. Term
This TOS Agreement is effective upon your being granted access to the Service and shall continue until your use of the Service is terminated. CYNAMON may terminate this TOS Agreement with or without cause at any time without notice. The termination of this TOS Agreement shall not adversely affect any of CYNAMON's other rights with respect to your use or possession of the Service or your failure to comply with this TOS Agreement. Notwithstanding the termination of this TOS Agreement for any reason, Sections 2, 3, 5, 7, 8, 9, 10, 11, 13 and 14 of this TOS Agreement shall survive such termination: and shall remain in full force and effect. Any violation of the aforesaid provisions may result in legal action against you by CYNAMON.
9. Limited Warranty
THE SERVICE IS LICENSED "AS IS," AND CYNAMON DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CYNAMON DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USERS NEEDS, EXPECTATIONS OR INTENDED USE OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. CYNAMON DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS TRUE, ACCURATE OR COMPLETE. CYNAMON DISCLAIMS ANY DUTY TO INVESTIGATE ANY SUCH INFORMATION OR THIRD PARTY PROVIDER OF SUCH INFORMATION. THE USER AGREES THAT ITS RELIANCE ON ANY INFORMATION PROVIDED BY CYNAMON OR ITS THIRD PARTY PROVIDERS OF THE INFORMATION AVAILABLE THROUGH THE SERVICE SHALL BE AT ITS OWN RISK.
10. Limitation of Liability
IN NO EVENT SHALL CYNAMON OR ANY OF ITS THIRD PARTY PROVIDERS OF INFORMATION BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, SALES OR USE OF THE SERVICE, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, PROMOTION, DISTRIBUTION OR PERFORMANCE OF THE SERVICE OR ANY ENHANCEMENTS OR MODIFICATIONS THERETO, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EVEN IF CYNAMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Title
All title, ownership rights, and intellectual property rights in or related to the Service shall remain in CYNAMON or its Licensors. The Service is protected by copyright and other intellectual property laws and by international treaties, including, but not limited to, the Digital Millennium Copyright Act of 1998.
12. Indemnity
In providing you with content, CYNAMON will be acting solely as your agent. You shall defend, indemnify, and hold harmless CYNAMON and CYNAMON's officers, directors, suppliers, successors, affiliates, agents and assigns from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred by CYNAMON in connection with all third party claims, suits, judgments and causes of action (i) for infringement of patents or any other patents, copyrights, trade secret, trade mark or other intellectual property or proprietary rights arising from your combining with or using any device, system or service in connection with the Service or any portion thereof (ii) for libel, slander, defamation or infringement of copyright or other proprietary right with respect to material transmitted by you using a handheld device or cellular phone or (iii) for injury, death or property damage arising in connection with your use or non-use of the Service. No remedy herein conferred upon CYNAMON is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of your termination of this TOS Agreement you shall pay to CYNAMON all attorney fees, collection fees, and related expenses, expended or incurred by CYNAMON in the enforcement of any right or privilege of CYNAMON hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of CYNAMON's representatives).
13. Limitations of the Service
The CYNAMON Service is designed to be an informative entertainment resource for its subscribers. In providing services, CYNAMON wholly relies on our third party partners and public information resources and CYNAMON provides all such content "As Is". CYNAMON will make a good faith attempt to transmit the data, but does not guarantee (i) its ability to correctly format any such content (ii) the accuracy of any content provided, (iii) the reliability of any third party partner or public information source, or (iv) the timing or responsiveness to any reply by a subscriber. CYNAMON does not authorize or license you to use the content in any particular manner or warrant that your use of the content will not violate the rights of third parties.
This service also prioritizes active mobile Subscribers by temporarily halting the sending of push SMS alerts will be resumed as soon as an inactive Subscriber manually launches the client application.
14. Privacy
Information you provide to CYNAMON about yourself will only be used in accordance with its Privacy Policy Statement. CYNAMON's Privacy Policy does not apply to third Party Sites.
15. Governing Law
This TOS Agreement shall be construed and governed in accordance with the laws of Singapore, excluding its conflict of law provisions, and shall have exclusive jurisdiction over all claims and disputes arising hereunder or in connection with the subject matter hereof.
16. Severability
Should any court of competent jurisdiction declare any term of this TOS Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof and the unenforceable term shall be construed to provide the maximum rights allowed by law.
17. No Waiver
The failure of CYNAMON to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by CYNAMON as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Questions
All questions concerning this TOS Agreement shall be directed to info@cynamon.com.