By viewing the MorphCast in your Browser, you signify your acceptance of these TOU. If you do not agree to the TOU, please do not use the MorphCast on your Browser. Your continued use of the Services following the posting of changes to these TOU will mean that you accept those changes.
Services are only offered to users that are at least 13 years old. Any user who registers and/or their personal information on the Services represents that they are at least 13 years old.
Access and Use of the Services; Local Storage of Information
Users can share and/or view Content via the Services. Users decide what Content to share, but the output of such Content via the Services is based on input from, and tailored to, each viewer-user. Users are required to have the MorphCast App to create Content, but users can view and share the output of the Content on the Browser.
You are fully responsible for what you copy, share and download via the Services, and all other activities performed with the Services.
You may not access or use, or attempt to access or use, the Services for any unlawful or unauthorized purpose, to take any action that could harm us or any person or entity (a “person”), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Services. The use or distribution of tools designed for compromising security (e.g., cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may r esult in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the TOU.
Violation And Abuse
We take pride in maintaining a safe environment for all users and visitors. Please notify us immediately of any spam, abuse, misuse, violation of the TOU, nudity, illegal activity or compromising behavior you may encounter. Please send an email promptly expressing your concern to email@example.com.
- Intellectual Property
Except for user-provided Content, or that which is linked to or from an external source, all information that appears as part of the Services (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles and names) (the “Intellectual Property”) is owned or licensed by Cynny and is governed by these TOU. The Services, and all related intellectual property, are protected by the copyright, brand and trademark law in force in the US and the EU, as well as by treaties, international conventions and the laws of other countries when applicable. Except for public domain information or when use has been authorized in writing by Cynny, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works, reverse engineer, transfer or sell the Intellectual Property.
- Trademark Information
All trademarks, service marks, trade names, domain names, slogans or logos that appear on or are affiliated to the Service, are the property of Cynny and/or its partners, subsidiaries, agents, affiliates, and/or licensors. You may not copy, display or use any of these marks without prior written permission. Your use of the Services does not grant you any right or license to reproduce or to otherwise use any Cynny or third-party trademarks.
Links and Other Content
The Services may contain links to third-party websites. Cynny does not endorse or promote these websites and services and is not responsible or liable for their claims, availability, accuracy, the related content, products, or services. You are responsible for your use of any such websites or resources.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM OR USED IN CONNECTION WITH THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY CYNNY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SERVICES, INCLUDING WITHOUT LIMITATION THE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. CYNNY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY CONTENT. CYNNY MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF CYNNY SHALL CREATE ANY WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Exclusive Remedy and Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CYNNY, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, CONTENT OR OTHER USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE, EVEN IF CYNNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Cynny’s liability in such jurisdictions shall be limited to the extent permitted by law. Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
You agree to indemnify, hold harmless, and defend Cynny, and its affiliates, officers, directors, contractors, agents, employees, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your Content, content owned by Cynny, and your use of any other user’s Content in connection with the use of the Services), (ii) your online conduct, (iii) your violation or breach of this TOU, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of Cynny. Cynny reserves the right to assume sole control of the defense activities for any such claim. You agree to fully cooperate with Cynny in connection with Cynny’s defense of any such claim. These obligations will survive any termination of these TOU.
Integration and Severability
Our failure to enforce any provisions of this TOU or respond to a breach by you or other parties shall in no way waive our right to subsequently enforce any terms or conditions of the TOU, or to act with respect to similar breaches.
Governing Law, Arbitration, and Time Period for Bringing Claims
Location and Governing Law.These TOU are governed by, and must be construed in accordance with, the laws of the United States and the State of California, as applicable, without giving effect to their principles of conflicts of law. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. We each agree to submit to the personal jurisdiction of a court of competent jurisdiction located in San Mateo County, California for any action not subject to Arbitration as set forth below. You agree that: (i) the Services shall be deemed solely based in California; and (ii) the Services shall be deemed a passive app that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than California.
Notice of Dispute.In the event of a dispute, you or Cynny must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to the Cynny at 1000 Marsh Road, Menlo Park, CA 94025. Cynny will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Cynny will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Cynny may commence arbitration.
Binding Arbitration.If we have not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these TOU by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Any such arbitration shall be governed by the laws of the State of California and will be conducted in San Mateo county, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $25,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Time Limit for Claims.Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute under these TOU must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it is permanently barred.
Miscellaneous and Contact Information
No joint venture, partnership, employment, or agency relationship exists between Cynny and the user or as a result of these TOU or the use of the Services.
These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cynny without restriction.
Please direct any questions, complaints or claims related to the Services or your use of the Services by email to firstname.lastname@example.org or by mail at Cynny Inc., 1000 Marsh Road, Menlo Park, CA 94025.