Cintoo US Inc., its parent and/or affiliates (collectively “Cintoo”,
“us”, “we” or “our”),
offer cloud-based solutions (“Services”) via the website hosted at the
URL https://www.cintoo.com (the “Site”). Cintoo owns and operates the
Site. These website terms and conditions of Use (“Terms and Conditions of
regulate your use of the Site. These Terms and Conditions of Use form a binding
you, visitor and/or user of this Site (“you”) and us.
BY ACCESSING OR USING THE SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREEE TO
THESE TERMS AND CONDITIONS OF USE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR
APPLICABLE), WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE OR ANY SERVICES.
If you do not agree with these Terms and Conditions of Use, you should not use the Site.
1 ACCESS TO OUR SITE AND TOOLS
1.1.1 Purposes. We use the Site to
provide information on Cintoo’s Services and allow you to subscribe to our Services on
Site. Specific sections in our Site may contain additional functionalities. For example,
able submit an online request when you visit our Site, and/or to receive newsletters
Cintoo’s Services and initiatives. Such sections, including but not limited to the
allow you to subscribe to Cintoo’s Services online, will be regulated by specific terms
conditions. We, thus, invite you to review such specific terms and conditions, when
1.1.2 Eligibility. To use the Site, you
age of majority in your jurisdiction and fully able and competent to enter into the
conditions, obligations, affirmations, representations and warranties set forth in these
Conditions of Use and to abide by and comply with these Terms and Conditions of Use. You
that you meet the eligibility requirements in this Section. In any case, you affirm that
over the age of 18 years old, as our Site is not intended for children under 18 years
are using this Site or opening an account on behalf of a third party, company, entity or
organization, your use of the Site constitutes that third party’s acceptance of these
and Conditions of Use. We reserve the right to revoke your ability to access our
the Site for any reason, at any time including as a result of a violation of these Terms
1.1.3 License to Use the Site. Subject
compliance with these Terms and Conditions of Use, we grant you a limited,
licensable, non-transferable, and revocable right to access the Site and access the
on this Site for your personal, non-commercial use, and as we otherwise intend. We
to monitor your use of the Site for the purpose of determining that your usage complies
Terms and Conditions of Use.
1.1.4 Prohibited Conduct. In order to
or the Services offered by this Site, you agree not to engage in any of the following
(i) copying, distributing, or disclosing any part of the
Site in any
medium, including without limitation by any automated or non-automated “scraping”;
(ii) using any automated system, including without
“spiders,” “offline readers,” etc., to access the Site in a manner that
sends more request messages to the Cintoo servers than a human can reasonably produce in
period of time by using a conventional on-Cintoo web browser (except that Cintoo grants
operators of public search engines revocable permission to use spiders to copy materials
Site for the sole purpose of and solely to the extent necessary for creating publicly
searchable indices of the materials, but not caches or archives of such materials);
(iii) transmitting spam, chain letters, or other unsolicited
(iv) attempting to interfere with, compromise the system
security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our
an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other
through the Site or Services;
(vii) collecting or harvesting any personally identifiable
including account names, from the Site;
(viii) using the Site for any commercial solicitation
(ix) impersonating another person or otherwise
affiliation with a person or entity, conducting fraud, hiding or attempting to hide your
(x) interfering with the proper working of the Site;
(xi) accessing any content on the Service through any
means other than those provided or authorized by the Site; or
(xii) bypassing the measures, we may use to prevent or
to the Site, including without limitation features that prevent or restrict use or
content or enforce limitations on use of the Site or the content therein.
We may, without prior notice, change the Site; stop providing any Services or features of
to you; or create usage limits for the Site.
1.2.1 Account Registration. You may be
subscribe to our Services online (each such subscription, a
You will need to create an account. In any situation, you will have to provide us with
accurate required personal information in order to complete your Transaction. You must
update such information to keep it complete and accurate. By creating an account, you
warrant that all required account information you submit is truthful and accurate and
maintain the accuracy of such account information.
1.2.2 Security of your Account. You are
responsible for maintaining the confidentiality of your passwords and will be solely
loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of
someone else using your passwords or account, either with or without your knowledge. You
be liable for losses, damages, liability, expenses and attorneys’ fees incurred by
Cintoo or a
third party due to someone else using your passwords or account. You agree to notify us
of any unauthorized use of your account or any breach of security.
2 USER CONTENT
text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other
you submit or post to the Site or otherwise provide to us are referred to as “User
You retain ownership of your User Content.
sharing, submitting or uploading any User Content, you grant Cintoo a worldwide,
irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to
distribute, display, publish, perform, sell, transmit, adapt, translate, modify,
disassemble and create derivative works from your User Content in any manner existing
in the future.
Responsibility for User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical
injury, emotional distress, death, disability, disfigurement, or physical or mental
to any other person, or to any animal; (ii) may create a risk of any other loss or
damage to any
person or property; (iii) seeks to harm or exploit children by exposing them to
content, asking for personally identifiable details or otherwise; (iv) may constitute or
to a crime or tort; (v) contains any information or content that we deem to be unlawful,
abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal
publicity rights, harassing, humiliating to other people (publicly or otherwise),
threatening, profane, or otherwise objectionable; (vi) contains any information or
illegal. You agree that you are solely responsible for all User Content that you post on
Accordingly, you represent and warrant that (1) you have all rights, licenses, consents
necessary to grant us the required rights to disseminate any User Content and (2)
Content nor your posting of your User Content or our use of your uploaded User Content
will infringe, misappropriate or violate a third party’s patent, copyright, trademark,
secret, moral rights or any other intellectual property rights or rights of publicity or
result in the violation of any applicable law or regulation.
2.4 No Obligation
We will not have any obligation to hold any User Content in confidence or compensate you
else for its use. We have the right to remove or edit any User Content for any reason or
3 INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT
Rights, Cintoo Content.
All content (other than User Content) on the Site or otherwise made available via the
including the text, notes, graphics, photos, sounds, music, videos, interactivities and
the trademarks, service marks and logos contained therein (“Marks”),
the design of the Site (“Site Design”), and all software and other
technology used to provide the Site (“Technology”), are owned by or
licensed to Cintoo and/or its affiliates. Content is provided to you “as is” for your
information and personal use only and may not be used, reproduced, distributed,
broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design
Technology. Using the Site and/or Services does not give you any ownership of or right
in or to
Content, Marks, Site Design and Technology.
The Site may contain links to and content from third-party websites, advertisers,
offers, or other events or activities that are not owned or controlled by Cintoo. Cintoo
endorse or assume any responsibility for any such third-party sites, information,
Services, or services. If you access a third-party website from the Site, you do so at
of such sites. You expressly relieve Cintoo from any and all liability arising from your
third-party website, service, or content.
4 WARRANTIES AND DISCLAIMES
SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CINTOO DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AND ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRIGEMENT.
4.2 Use of Site is
CINTOO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR EMAILS SENT TO YOU WILL BE
ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL
OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE
MATERIAL OR DATA. WE WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT ON THE SITE,
THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES.
4.3 Rights may vary
State to State.
Some States do not allow exclusion of implied warranties, so these exclusions may not
individual cases. Your rights may vary from state to state. To the extent that we may
not, as a
matter of law, disclaim any implied warranty, the scope and duration of such warranty
maximum permitted under such applicable law.
5 LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR
PROFITS, LOSS OF DATA OR FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES
THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFITS, LOSS OF DATA,
INTERRUPTION, EVEN IF CINTOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS
SHALL APPLY REGARDLESS OF THE NATURE OF YOUR CLAIM, WHETHER BASED IN CONTRACT, TORT
NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHEWISE. SOME JURISDICTIONS
LIMIT OR DO
PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Cintoo and
subsidiaries, agents, licensors, managers, and other affiliated companies, and their
contractors, agents, officers and directors, from and against any and all claims,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited
attorney's fees) arising from: (i) your use of and access to the Site, including any
transmitted or received by you; (ii) your violation of any term of these Terms and
Use; (iii) your violation of any third-party right, including without limitation any
privacy or intellectual property rights; (iv) your violation of any applicable law, rule
regulation; (v) any claim or damages that arise as a result of any of your User Content
is submitted via your account; (vi) any other party’s access and use of the Site with
unique username, password or other appropriate security code or (vii) alleging bodily
property damage or other damages arising from your or a third party’s use or misuse of
Product purchased by you on the Site.
7 USER CONSENT TO RECEIVE COMMUNICATIONS IN
For contractual purposes, you (a) consent to receive
us in an electronic form via the email address you have submitted; and (b) agree that
Conditions of Use, agreements, notices, disclosures, and other communications that we
electronically satisfy any legal requirement that such communications would satisfy if
writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other
information about the us and special offers. You may opt out of such email by changing
settings or sending an email to firstname.lastname@example.org. Opting out may prevent you from
messages regarding Cintoo or special offers.
8 COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN
We respect the intellectual property of others and we expect
our Site to do the same. In connection with our Site, we have adopted and
respecting copyright law that provides for the removal of any infringing materials and
termination, in appropriate circumstances, of users of our online Site and Services who
infringers of intellectual property rights, including copyrights, in compliance with the
Millennium Copyright Act of 1998 (“DMCA”).
If you believe that one of our users is, through the use of
Services, unlawfully infringing the copyright(s) in a work, and wish to have the
infringing material removed, please complete the following DMCA Notice and deliver it to
designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact (falsities) in a written notification automatically
complaining party to liability for any damages, costs and attorney’s fees incurred by us
connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Cintoo is:
Attn: DMCA Notice
Address: Cintoo US Inc., 351 California Street, Suite #1130,
Francisco, CA 94104 USA
9 TERM AND TERMINATION
9.1 Term and
These Terms and Conditions will become effective and binding when you use our Site and
terminated by you or us. We reserve the right to terminate these Terms and Conditions of
Account, and your access to the Site and Services at any time without notice and without
to you. You may also delete your Account at any time, for any reason, by following the
on the Site.
9.2 Suspension or
Termination. We may deny your access to
your Account, Site at any time for any reason (such as breach of these Terms and
or no reason. If we terminate for no reason, we will fulfill our obligations related to
outstanding at the time of termination or will refund you the order, if applicable.
10 MISCELLANEOUS MATTERS
shall not be liable for damages for any delay or nonperformance resulting from a) delays
of final specifications, information, or instructions from you, (b) changes in
instructions, or (c) force majeure, including without limitation, acts of God, strikes,
disturbances, material shortages, nonperformance by subcontractors or suppliers,
manufacturing conditions or costs, delays or failures of carriers or communications,
storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders
regulations or inability to secure any necessary governmental or other permits, court
other reason beyond our reasonable control.
10.2 Governing Law;
Venue. These Terms and Conditions of
Use and any disputes arising out of your use of the Site, shall be governed by and
accordance with the laws of the State of California, without giving effect to any
provisions thereof. Any litigation, suit or other proceeding regarding the rights or
the parties hereunder shall be conducted exclusively before the state and federal courts
San Francisco County, California, and the parties specifically consent to the venue of
Francisco. The United Nations Convention on Contracts for The International Sale of
Uniform Law on the Formation of Contracts for the International Sale of Goods, and any
discovery and service of process conventions will be inapplicable.
of these Terms and Conditions of Use is severable from the others, and Cintoo’s rights
remedies herein are cumulative and in addition to those available at law or in equity.
that any portion of these Terms and Conditions of Use is determined in any suit or
invalid or unenforceable, such determination shall not affect the remaining Terms and
all of which shall remain valid and enforceable.
any condition or default is not a waiver of any subsequent default.
notices and communications to be given under these Terms and Conditions of Use shall be
and (i) if to Cintoo, delivered personally or sent by pre-paid, first class certified or
mail, return receipt requested or by overnight courier: 351 California Street, Suite
Francisco, CA 94104 USA, Attn: Legal Notices; or (ii) if to you, by email.
not assign or otherwise transfer any rights hereunder without our prior consent, and any
attempt is void. These Terms and Conditions of Use are binding upon and for the benefit
respective successors and assigns of the parties hereto.
These Terms and Conditions of Use constitute the entire Agreement between us and you and
supersede and replace any prior or contemporaneous agreements, whether written or oral,
the governing order acknowledgement, including any terms and conditions on any of other
purchase orders and any prior offers by trade show representatives and demonstrators.
shall be binding upon the parties and their respective successors and assigns. If any
this agreement is held to be invalid or unenforceable, that provision shall be severed
Agreement and the remainder of the Agreement shall remain in full force and effect.
Last Updated on October 15, 2018.