Terms of service.

Welcome to Cinematica Labs.

Effective Date: 7/26/2024

These Terms of Service ("Terms") govern your access to and use of our website including any content, mobile applications, online content, digital products and service, software applications and platform, and any other Cinematica Lab products and services (collectively, “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Changes to the Terms

Cinematica Labs Inc reserves the right to modify these Terms and to initiate new or additional terms or conditions pertaining to your use of the Services at any time. All changes to the Terms are effective immediately when we post them, and apply to all access to and use of the Services thereafter. If you desire, you may terminate the Terms by discontinuing use of the Services. Otherwise, your continued use of the Services will constitute your acceptance of the changed or new terms.

2. Eligibility

To participate in our Programs, you must:

  • Be at least 18 years old.

  • Represent and warrant that you have the legal capacity to enter into these Terms.

  • Comply with all applicable laws and regulations.

3. Consent to Electric Communication

By accepting these Terms, you agree that Cinematica Labs may provide notices and messages to you in the following ways: (1) within the applicable Service; and (2) sent to the contact information methods you provide us (e.g., email, mobile number, etc.). These communications may include notices about your use of the Services (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirements that such communications be in writing. We have no obligation to store for your later use or access any such electronic communications that we make to you. 

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. 

4. Program Participation

Participation in our Programs is subject to the following conditions:

  • You must comply with all Program-specific rules and guidelines provided.

  • You are responsible for the content you submit, including ensuring it does not infringe on any third-party rights or violate any laws.

  • We reserve the right to remove or disqualify any participant from a Program at our sole discretion.

5. Intellectual Property

  • Ownership: All content and materials available on our website, including text, graphics, logos, and software, are the property of Cinematica Labs or its licensors and are protected by intellectual property laws.

  • License: We grant you a limited, non-exclusive, non-transferable license to access and use our content for personal, non-commercial purposes only. You may only use the Services on devices that you own or control. Accessing and using our Services and/or Cinematica Labs does not give you ownership of any intellectual property or proprietary rights in either. Cinematica Labs and/or its licensors and suppliers retain ownership of all rights, title, and interest in the Services and Cinematica Labs Materials, and except for the limited use rights expressly granted in these Terms, no other rights or licenses are granted or implied. You may not use the Services in any way that is inconsistent with these Terms or that infringes any intellectual property or proprietary rights of Cinematica Labs or any third party.

6. User Content

  • Submission: (i) User Content. The Services features may include messaging and sharing content that you provide, such as information about you, your activities with Cinematica Labs, written information and commentary or relevant third-party content, photos, video files, audio files, and other materials (“User Content”). You agree that Cinematica Labs is not obligated to publish any User Content and may remove it in its sole discretion, without notice. Cinematica Labs is not responsible for examining or evaluating User Content. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Cinematica Labs, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Cinematica Labs is not responsible or liable to any third party for the content or the accuracy of any User Content or materials you or others post. You retain all intellectual property rights to, and are responsible for, any User Content you share or otherwise submit or made available to or through the Services. You grant Cinematica Labs a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any information and User Content that you provide through the Services, without any further consent, notice, accounting, and/or compensation to you or others. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted about to us and our respective licensees, successors, and assigns. Because you own your User Content and information and we only have non-exclusive rights to use it, you may choose to make your User Content available to others as you choose.

  • Non-Confidential Data. Any information submitted or communicated to Cinematica Labs through use of the Services that does not include personal information or data about you is non-confidential and non-proprietary, and Cinematica Labs may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. Any personal information or data submitted to Cinematica Labs through the use of the Services will be collected and used in accordance with our Privacy Policy.

  • Unauthorized Content. You are responsible for ensuring that all User Content you share complies with these Terms and applicable law, including respecting the intellectual property and proprietary rights of others. Specifically, you agree not to upload or to provide illegal or inappropriate content or information, or content or information that is protected by intellectual property laws (such as copyright, trademark, patents, etc.) for which you do not have a valid license (“Unauthorized Content”).

  • Responsibility: You are solely responsible for any content you submit and agree not to submit content that is defamatory, obscene, illegal, or infringes on any third-party rights.

7. Privacy

Your use of our Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy for more details.

8. Disclaimers 

  • Disclaimers: Our Services are provided "as is" and "as available," without any warranties of any kind, either express or implied. We do not guarantee the accuracy, completeness, or usefulness of any information provided.

  • Third Party Content and Sites: When using our Services, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not generally review content provided by our users or other parties. We do not warrant the accuracy, completeness, usefulness, or legality of this information. You agree that we are not responsible for others’ (including other users’) content or information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Services, or by anyone who may be informed of any of its contents. It is not possible to prevent every possible misuse of our Services, and you agree that we are not responsible for any misuse. If you have questions or concerns about content posted or another user’s behavior, please contact us.

9. Limitation of Liability: 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CINEMATICA LABS OR THE CINEMATICA LABS AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT CINEMATICA LABS WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL CINEMATICA LABS OR THE CINEMATICA LABS AFFILIATES’ TOTAL LIABILITY TO YOU UNDER THESE TERMS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF U.S. ONE HUNDRED DOLLARS (USD $100.00).

iN ADDITION, CINEMATICA LABS AND THE CINEMATICA LABS AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST CINEMATICA LABS AND THE CINEMATICA LABS AFFILIATES FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN YOU AND CINEMATICA LABS, AND CINEMATICA LABS WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT THIS LIMITATION OF LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnity

At Cinematica Labs’s request, you agree to indemnify, defend, and hold harmless Cinematica Labs and the Cinematica Labs Affiliates from any and all demands, losses, liability, damages, claims, suits, costs and/or expenses (including attorneys’ fees) arising out of: (1) your use or attempted use of the Services in violation of these Terms; (2) your violation of any law or rights of any third party in connection with your use of the Services; and/or (3) your contribution of User Content and your use or contribution of Unauthorized Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

You also agree that you will indemnify, defend, and hold harmless Cinematica Labs and the Cinematica Labs Affiliates from all claims arising out of or related to your access or use of, or your inability to access or use, the Services, including any information or material viewed or downloaded from the Services that appear to you or are construed by you to be obscene, offensive, or defamatory.

11. Waiver and Severability

No waiver by Cinematica Labs of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cinematica Labs to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


12. Termination

We reserve the right to suspend or terminate your access to our Services at any time, without notice, for any reason, including if we believe you have violated these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or your use of our Services shall be resolved in the courts located in Delaware.

14. Contact Us

If you have any questions about these Terms or our Services, please contact us at:

Cinematica Labs Inc
Email: dev@cinematicalabs.com
United States