(Last Updated: January 20, 2016)
Welcome to Cincopa.com. We provide products (the “Products”) available at our Web site (the “Site”) http://www.cincopa.com to you (“you” or “User”).
The following terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and Products, whether directly or through a third-party site. By using this Site, the Products, application, plug-in, component, functionality, or program created by Cincopa.com, you are agreeing to the following terms and conditions. Please read them carefully before using this Site. Should you have any questions concerning this Agreement, please contact firstname.lastname@example.org.
By visiting this Site and/or by completing the registration process for the Products, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Cincopa.com is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
A. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Products. Your continued use of the Products following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact email@example.com.
B. YOUR REGISTRATION AND INSTALLATION OBLIGATIONS.
If you are using our site on behalf of a business, that business accepts these terms. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
You may not authorize any third party to access or use the Products on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Cincopa.com of any unauthorized use of your user ID or password or any other breach of security. Cincopa.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
C. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with Cincopa.com, you understand that we may send you communications or data from Cincopa.com regarding the Products, including but not limited to (i) notices about your use of the Products, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Cincopa.com’s products and products, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
D. USER CONDUCT/ACCEPTABLE USE POLICY.
Unauthorized use of the Cincopa.com site, or the resale of said product without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our products in any format to any third party. In addition, you may not use the Products in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Products to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Cincopa.com or others.
To the extent that the Products provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Products, you understand and acknowledge that Cincopa.com and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Products for which you have registered. In the event that you give Cincopa.com the right to distribute your content, additional terms may apply to Cincopa.com's usage or distribution of this content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Cincopa.com does not claim any ownership rights in any User Content.
Cincopa.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Cincopa.com’s response to a future complaint. You acknowledge and agree that Cincopa.com shall not assume or have any liability for any action or inaction by Cincopa.com with respect to any User Content.
Additionally, Cincopa.com reserves the right, without limitation, to terminate your access to and use of the Site and Products if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Cincopa.com Site, computer systems and network, or the Products.
2. You may not attempt to interfere with any other person’s use of the Products.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Products without authorization.
5. You may not attempt to obtain any data through any means from the Products, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Products either directly or indirectly.
7. You may not use the Products to participate in pyramid schemes or chain letters.
8. You may not use the Products to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Products for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
10. You may not use the Products to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Products to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
12. You may not use the Products to download any material sent by another User of the Products that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Products to violate any code of conduct or other guidelines which may be applicable to the Products or the Site.
14. You may not use the Products to harvest or otherwise collecting information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Cincopa.com in connection with the Cincopa.com Site or Products.
16. You may not use the Products in a manner that results in excessive bandwidth usage, as determined by a representative of Cincopa.com.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Cincopa.com. Cincopa.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Cincopa.com’s response to a future complaint. You acknowledge and agree that Cincopa.com shall not assume or have any liability for any action or inaction by Cincopa.com with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
E. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
You continue to retain all ownership rights in any User Content (as defined above) you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Cincopa.com does not claim any ownership rights in any User Content.
Except for the licenses granted herein, you have no right, title or interest in or to Cincopa.com Products or any content. You agree that Cincopa.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Cincopa.com product and content, including, without limitation, text, images, and other multimedia data.
All contents of the Cincopa.com’s Site and Products including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2008 Cincopa.com, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Cincopa.com and/or it suppliers, affiliates, or licensors. All rights reserved.
Cincopa.com and the Cincopa.com logo are including without limitation, either trademarks, product marks or registered trademarks of Cincopa.com, and may not be copied, imitated, or used, in whole or in part, without Cincopa.com’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade marks of their respective owners.
Cincopa.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Products. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
F. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Cincopa.com respects copyright law and expects Users to do the same. Cincopa.com expressly prohibits the use of its Products for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Products. In addition, Cincopa.com may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cincopa.com’s the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
G. THIRD PARTY CONTENT, SITES AND PRODUCTS.
All transactions using Cincopa.com's products are between the transacting parties only. The Products may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or products, and the Internet as a whole. We may also provide some content to you as part of the Products. However, Cincopa.com is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Products, and you irrevocably waive any claim against us with respect to such sites and third-party content. Cincopa.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Products, including the delivery of and payment for goods and products. Should you have any problems resulting from your use of any third party products, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party products, we will not be responsible unless the problem was the direct result of our breaches.
I. CINCOPA.COM MAKES NO WARRANTIES.
Cincopa.com is in no way liable for loss of customer data. Under no circumstances will Cincopa.com be held accountable for any loss of customer data. By becoming a Cincopa.com user you, the customer, acknowledge that you forfeit the right to hold Cincopa.com accountable for any and all technical errors, including loss of user files (customer data).
Cincopa.com intends for the information contained on its Site and Products to be accurate and reliable; however, errors sometimes may occur. In addition, Cincopa.com may make changes and improvements to the information provided herein at any time. CINCOPA.COM PROVIDES ITS SITE AND PRODUCTS “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CINCOPA.COM, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “CINCOPA.COM PARTY,” AND COLLECTIVELY, THE “CINCOPA.COM PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CINCOPA.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
J. LIMITATIONS OF LIABILITY
IN NO EVENT WILL ANY CINCOPA.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SITE, EVEN IF SUCH CINCOPA.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE PRODUCT, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CINCOPA.COM PARTY WITH RESPECT TO THIS CONTRACT OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. In the event that, notwithstanding the foregoing disclaimers and indemnification, Cincopa.com is found responsible to any Cincopa.com User for any reason whatsoever, Cincopa.com's responsibility shall be limited to the amounts actually paid by such user for Cincopa.com's products, and shall not include punitive damages or consequential or resulting damages of any nature.
K. CHANGES TO THE PRODUCT; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE AND PRODUCT AND SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE CINCOPA.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, CINCOPA.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND PRODUCTS, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND PRODUCTS AND OTHER WEB SITES, PRODUCTS, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND PRODUCTS IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND PRODUCTS AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, Cincopa.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Cincopa.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Cincopa.com in asserting any available defenses.
M. TERMINATION OF USE.
Cincopa.com reserves the right to terminate without notice your password, account or use of Cincopa.com Products and delete any data within Cincopa.com site, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Cincopa.com at any time. Upon termination by Cincopa.com or at your direction, you may request a file of your data, which Cincopa.com will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON CINCOPA.COM’S SYSTEMS MAY NOT BE RETRIEVED, and Cincopa.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
In addition to other termination provisions, Free Users are subject to termination if: (a) the Free User does not engage in any Cincopa.com activity within thirty (30) days of registration, or (b) the Free User is using the account on more than one Internet domain, or more than one Internet domain is hosting media from more than one Free User account, or (c) the Free User does not engage in any Cincopa.com activity for any period of 120 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.
N. PAYMENT OF FEES; AUTOMATIC RENEWAL.
The fees applicable for Cincopa.com product are available at www.Cincopa.com and as published within the Products. Cincopa.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).
Unless specifically agreed upon in writing between User and Cincopa.com at the commencement of a subscription term, or unless User notifies Cincopa.com via mail to firstname.lastname@example.org no later than fourteen days prior to the conclusion of the term, at the conclusion of any plan term, whether monthly, yearly, or otherwise, Cincopa.com will automatically renew the plan for the same term and will charge the user's credit card or PayPal account on the first day of the renewal term.
O. CANCELLATION OF PACKAGES AND REFUND OF CHARGES OF CHARGES.
Except as specifically set forth in this section, all Cincopa.com products are prepaid for the period selected (monthly, yearly or otherwise) and are nonrefundable. This includes accounts that are renewed in accordance with the previous section. During the thirty (30) day free trial period the user is not billed and can cancel their subscription at any time. There are no cancellation fees and you may cancel at any time. Monthly and yearly plans will not be charged at the next billing cycle after you cancel. Canceling is just one click, no questions asked. You may cancel a subscription up to the day of the next scheduled payment. As the account user it is your responsibility to cancel the subscription in accordance with our cancellation policy. Cincopa.com cannot cancel your subscription for you. Cincopa.com does not offer a refund for purchased monthly and yearly licenses. When users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. Other requests for refunds may be processed at the sole discretion of a Cincopa.com sales staff member.
P. PLANS AND TRIAL PERIOD.Cincopa.com offers you three subscription packages for varying levels of use. The packages are Pro, Plus, and Corporate for individual and business needs. We also provide a free account with limited use of the Products and Site. In addition to these three packages we also offer an unlimited photo package. Description of each package can be viewed here.
Q. EUROPEAN USERS.
By using the Cincopa.com Products, Users in the European Union understand and consent
to the processing of personal information in the
R. NOTICES TO CINCOPA.COM.
You may notify us by e-mail at email@example.com.
S. OTHER TERMS.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Cincopa.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SITE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Cincopa.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.
U. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
If you believe that your copyright in any material has been infringed on a site hosted on Cincopa.com.s equipment or through its products, please send a .DMCA Notice. (described below) to Cincopa.com.s Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (.DMCA.), 17 U.S.C. § 512 et seq.
Federal law requires your DMCA Notice to include the following information:
To submit a notice of claims of copyright infringement online, please contact firstname.lastname@example.org.
Please note that Cincopa.com, in its sole discretion, may terminate the account of any User about whom Cincopa.com receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact Cincopa.com at email@example.com.