3.1. In consideration of your use of the Site, you shall (a) maintain your password’s and identification’s security; (b) provide current, complete and accurate information about yourself, as may be requested by any registration forms on the Site (Registration Data); (c) promptly update and maintain such Registration Data; (d) to keep and any other information you provide to The Company accurate, complete and current; and (e) be fully responsible for all use of your account and for any actions that occur using your account.
5.1. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including trademark, copyright, privacy, publicity or other personal or proprietary rights; or contain defamatory, libelous or otherwise unlawful material. In addition, you acknowledge, accept and agree that we have the right, but not the obligation, to take any of the following actions in our sole discretion for any reason whatsoever and at any time without prior notice:
5.2.1. Change, suspend, or discontinue any part of or all of our Services;
5.2.2. Restrict, suspend, or terminate your access to any part of or all of our Services;
5.2.3. Reject, move, or remove any content that is available on our sites;
5.2.4. Reject, move, or remove any material that you submit to our sites for any reason;
5.2.5. Deactivate or delete your accounts and all information and/or files related thereto;
5.2.6. Establish general practices and limits concerning use of our sites; and
5.2.7. Amend such general practices and limits concerning use of our sites from time to time.
5.3. You acknowledge, accept and agree that we will not be liable to you or to any third party for taking any of the actions set forth herein. You understand, acknowledge accept and agree that our Services may include communications, including without limitation announcements regarding service and administrative messages from us and/or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving such messages and/or announcements. You also understand that our Services may include advertisements.
5.4. Furthermore, you also shall not to use the Service or the Site:
5.3.1. To harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
5.3.2. In any unlawful manner or in any other manner that could disable, damage, overburden or impair the Site or the Site’s functionality;
5.3.3. to upload, transmit, post, share, store or otherwise make available any content that Company deems to be unlawful, defamatory, harmful, threatening, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, religiously, ethnically or otherwise objectionable in any manner;
5.3.4. To collect information from or otherwise interact with the Service or the Site by use of automated scripts;
5.3.5. To register for more than one User account, register for a User account on behalf of an individual other than yourself, or your company for which you are authorized to create such a User account by said company;
5.3.6. To upload, post, transmit, share, store or otherwise make available any videos or photographs other than those of a personal nature that belong to you or to your company and: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art, photographs, video or animation created by you or your friends;
5.3.7. To impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your affiliation with any person or entity or your age;
5.3.8. To upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, solicitations, or any other form of solicitation;
5.3.9. To upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, phone numbers, email addresses, physical addresses, Social Security numbers and credit card numbers and any other sensitive information;
5.3.10. To upload, share post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.3.11. To solicit personal information from anyone under 18 or solicit passwords or personally identifying information for unlawful or commercial or exploitative purposes;
5.3.12. To intimidate or harass another;
5.3.13. To upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
5.3.14. To upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of The Company, is objectionable or that inhibits or restricts any other person from using or enjoying the Site, or that may expose Company or its users to any harm or liability.
5.3.15. To use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
6.1. CINEXUS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Cinexus’ trademarks and trade dress, as applicable, may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
8.1. The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Cinexus via your mobile phone (collectively, “Mobile Uploads”), (ii) the ability to receive and reply to Cinexus messages and to write postings using your mobile phone (ii) the ability to browse the Site from your mobile phone (‘Mobile Web”), and (iii) the ability to access certain Cinexus features through a mobile application or software you have downloaded and installed on your mobile phone (“Mobile Client”) (collectively, referred to herein as the “Mobile Services”. We do not charge for such Mobile Services. However, your mobile telephone carrier's regular messaging, data and other rates and fees will still apply. Check with your mobile telephone carrier to find out the pricing of such carrier’s plans for such Mobile Services. Further, installing, downloading, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers, mobile phones or devices. Check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you acknowledge, accept and agree that we may communicate with you regarding Cinexus and other entities by SMS, text message, MMS, or other electronic means to your mobile device or telephone and that certain information about your usage of such Mobile Services may be permissibly conveyed to us.
9.1. We respect others’ intellectual property rights prohibit users from uploading, posting or otherwise transmitting on the Site or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement in the form of an email addressed to email@example.com specifying the precise nature of the content that allegedly infringes, we shall promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
10.1. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has a policy of terminating, at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, with or without the existence of repeat infringement.
11.1. Cinexus is a platform where content creators (“Content Creators”) can run campaigns to fund creative projects by offering rewards to raise money from funder (“Funders”). By creating a fundraising campaign on Cinexus, You as the Content Creator are offering the public the opportunity to enter into a contract with you. By funding a fundraising campaign on Cinexus, you as the Funder accept that offer and the contract between Funder and the Content Creator is formed. Cinexus is not a party to that agreement between the Funder and the Content Creator. All dealings are solely between Users.
By funding or creating a fundraising campaign on Cinexus, you shall be bound by this entire Agreement, including the following terms:
Funders shall provide their payment information at the time they pledge to a campaign. The payment will be collected at or after the campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Funders pledge is the amount they will be charged.
Funders consent to Cinexus and its payments partners authorizing or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
Funders shall have sufficient funds or credit available at the conclusion of the campaign deadline to ensure that the pledges will be collectible.
Funders may increase, decrease, or cancel their pledge at any time during the fundraising campaign, except within the campaign’s final twenty-four (24) hours and the cancellation or reduction would drop the campaign below its goal.
Any potential estimated delivery date as listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Content Creator hopes to fulfill the promise.
Content Creators shall make a good faith attempt to fulfill each reward by its estimated delivery date.
For all campaigns, Cinexus gives to the Content Creator each Funder’s User ID and pledge amount. For successful campaigns, Cinexus additionally gives to the Content Creator each Funder’s name and email.
For some rewards, the Content Creator needs further information from Funders, such as a mailing address, to enable the Content Creator to deliver the rewards. The Content Creator shall request the information directly from Funders subsequent to the fundraising campaign is successful. To receive the reward, Funders shall provide the requested information to the Content Creator within a reasonable amount of time after the conclusion of the campaign.
Cinexus does not offer refunds. A Content Creator is not required to grant a Funder’s request for a refund unless the Content Creator is unable or unwilling to fulfill the reward.
Content Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Funder whose reward they do not or cannot fulfill.
Content Creators may cancel or refund a Funder’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
Because of occasional failures of payments from Funders, Cinexus cannot guarantee the receipt by Content Creators of the amount pledged minus fees.
Cinexus and its payments partners will remove their fees before transmitting proceeds of a campaign. Fees may vary depending on region and other factors.
Cinexus reserves the right to cancel a pledge at any time and for any reason.
Cinexus reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Cinexus is not liable for any damages as a result of any of those actions. Cinexus’s policy is not to comment on the reasons for any of those actions.
Content Creators should not take any action in reliance on having their project posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising campaign and access to the funds.
Cinexus is not liable for any damages or loss incurred related to rewards or any other use of the Service. Cinexus is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. Cinexus does not oversee the performance or punctuality of projects. The Company does not endorse any User Submissions. You release Cinexus, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
12.1. The Site contains (or you may be sent through the Site or the Service) links to other third party websites and to articles, photographs, text, graphics, designs, music, sound, video, information, applications, software, pictures, and other content or items belonging to or originating from third parties -the Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
13.1. Company offers a feature through which users of the Site can share with others or post to their own member profile, videos, articles and/or other third party applications, software or content from, and/or links to, third party sites through the Service (collectively, “Sharing Service”). You acknowledge and agree that your use of the Sharing Services and all links, User Content or third party applications, software or content shared through the Sharing Service is subject to, and shall fully comply with the user conduct rules set forth herein above and the other terms and conditions set forth in this Agreement.
15.3. Disputes You alone are responsible for your interactions with other Cinexus users. We reserve the right to monitor disputes between you and other users. We have no obligation to conduct such monitoring.
16.1. By using the Site and / or the Service, you are consenting to have your personal data transferred to and processed in the United States of America.
17.1. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. We do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, unlawful, obscene or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may have temporary unavailability from time to time due to maintenance, server problems, or other reasons. Company accepts and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. The Site, the Service including without limitation the Mobile Services and the Sharing Service are provided on an as-is basis. Company hereby expressly disclaims any and all representations and warranties, whether express or implied, including without limitation warranties of title, fitness for a particular purpose, merchantability or non-infringement. The Company does not and cannot promise certain results from use of the Site and/or Service and/or of any Platform Applications. Nor does the Company represent or warrant that content or materials on the Site, software or the Service or any Platform Applications are complete, accurate or error-free or that the Site or its servers or any Platform Applications are free from viruses or other harmful elements. EXERCISE CAUTION IN DOWNLOADING ANY SUCH SOFTWARE, MATERIALS OR CONTENT AND USE INDUSTRY-KNOW AND RECOGNIZZED SOFTWARE TO DETECT AND PREVENT OR REMOVE VIRUSES. WITHOUT LIMITING ANY OF THE FOREGOING, YOU UNDERSTAND, ACCEPT AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN RISK AND DISCRETION AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF SUCH SERVICE AND PLATFORM APPLICATIONS AND ANY DAMAGES TO YOUR MOBILE DEVICE, TELEPHONE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. The Company hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site and any Services and Platform Applications offered through the Site at any time without any advance notice.
17.2. Limitation on Liability IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
18.1. The Company may terminate your membership, delete your content and profile or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under thirteen (13), or under eighteen (18) and not in high school or college.
21.1. You hereby indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Sharing Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
22.1. You acknowledge, accept and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (collectively, “Submissions”), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Наименование компании: ТОО "MG Production Plus"
Наименование банка: АО "БанкЦентрКредит"
Юридический адрес: РК, г.Алматы, Алмалинский район, ул.Мауленова, д.93