These Terms of Service (these “Terms”) of Cantina, Inc. (“Cantina,” “we,” “our,” or “us”) describe your rights and responsibilities when accessing and/or using our online, mobile-enabled, and/or digital services, our website (including www.cantina.com and any successor URL(s)), and any and all related software and documentation provided by Cantina (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, including without limitation our Acceptable Use Policy described below, and you acknowledge that you have read, understood, and agree to our Community Guidelines and Privacy Policy, whether or not you are a registered user of our Service. Cantina reserves the right to modify these Terms and will provide notice of material changes as described below. These Terms apply to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION (“ARBITRATION PROVISION”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION (“CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION PROVISION, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
OUR SERVICE
The Service provides Users with group chat capabilities offered through private and public rooms (“Rooms”) or through publicly accessible previews, as well as the ability to create, interact, and deploy artificial intelligence powered avatars (“Bots”) within Rooms. Any Bot that depicts or resembles a public figure is strictly a parodical simulation and is not associated or endorsed by such public figure. All User interactions, including creating bots, adding Bots to Rooms, or your interactions with Bots are subject to our Community Guidelines.
ELIGIBILITY
This is a contract between you and Cantina. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Cantina, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations (“Applicable Law”). You must be at least 16 years old and must have legal capacity to enter into a binding legal agreement to use our Service. By accessing or using the Service, you affirm that you are either 16 years of age or older. Cantina reserves the right to terminate or suspend the accounts of users who do not meet these requirements or who provide false information regarding their age. Cantina may, at its discretion, request proof of age to verify compliance with the age restrictions outlined in these terms and conditions.
LIMITED LICENSE
Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable license to use the Service for your personal, non-commercial use only, strictly as permitted by the features of the Service. Cantina may terminate this license at any time for any reason or no reason. Cantina reserves all rights not expressly granted herein in the Service and the Cantina Content (as defined below).
USER ACCOUNTS
Your account on the Service (“User Account”) gives you access to certain services and functionalities that we may establish and maintain as part of the Service from time to time, in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms, and that you agree to these Terms on that entity’s behalf. By connecting to Cantina with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Cantina immediately of any breach of security or unauthorized use of your User Account. Cantina will not be liable for, and expressly disclaims any responsibility for, any losses caused by any unauthorized use of your User Account.
By providing Cantina your email address you consent to Cantina using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages notifying you of changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message received and/or change your email preferences on your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
ACCEPTABLE USE POLICY
You agree not to engage in any of the following prohibited activities: (i) providing any false or fraudulent information or documentation or providing information or documentation for any other improper purpose, whether for yourself, your business, or a third party; (ii) copying, distributing, making available, providing access to, or disclosing any part of the Service in any medium, including, without limitation, by any automated or non- automated “scraping”; (iii) copying, modifying, adapting, translating, preparing derivative works from, reverse engineering, disassembling, or decompiling the Service or otherwise attempting to discover any proprietary source code or trade secrets related to the Service; (iv) using the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with Cantina or the Service for any purpose without the express written consent of Cantina; (v) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the servers running the Service than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Cantina grants the operators of public search engines revocable permission to use spiders to copy publicly-available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) transmitting spam, chain letters, or other unsolicited email; (vii) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service; (viii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ix) uploading invalid data, viruses, worms, or other software agents through the Service; (x) collecting or harvesting any personal information from the Service; (xi) using the Service for any commercial solicitation purposes; (xii) interfering with the proper working of the Service; (xiii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (ix) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You further agree not to post User Content (as defined below) that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, 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 inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any school or other applicable policy, including those related to cheating or ethics; or (x) violates our Community Guidelines.
Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
CHANGES TO THE SERVICE
We may, with or without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to your User Account and/or the Service with or without notice and without liability for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon their termination for any reason or no reason, you continue to be bound by these Terms.
DISPUTES WITH OTHER USERS
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CANTINA WILL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION.
SERVICE LOCATION
The Service is controlled and operated from facilities in the United States. Cantina makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
USAGE DATA
Cantina may collect, maintain, process, and use, or you may provide to Cantina, diagnostic, technical, usage, and related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). You agree that all Usage Data is owned solely and exclusively by Cantina, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to Cantina all rights, title, and interest in and to the same. Accordingly, Cantina may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (i) to provide and maintain the Service; (ii) to develop and improve the Service; (iii) to monitor your usage of the Service; (iv) for research and analytics and for Cantina’s other business purposes; and (v) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service. You acknowledge and agree that Cantina may use these and other lawful measures to verify your compliance with the terms of these Terms and to enforce Cantina’s rights, including all Intellectual Property Rights, in and to the Service.
BOTS
THE SERVICE ALLOWS USERS TO CREATE, PUBLISH, AND INTERACT WITH BOTS. IT IS IMPORTANT TO UNDERSTAND THAT CANTINA DOES NOT HAVE CONTROL OVER THE ACTIONS OR STATEMENTS MADE BY BOTS. BOTS CAN ACT UNPREDICTABLY, AND CANTINA DISCLAIMS ALL LIABILITY (INCLUDING CLAIMS FOR NEGLIGENCE) RELATED TO THEIR ACTIONS OR ANY HARM OR DAMAGE YOU SUFFER RESULTING FROM THEIR USE. YOU WAIVE ANY CLAIMS AGAINST CANTINA FOR ANY HARM OR DAMAGE THAT MAY ARISE IN CONNECTION TO THE BOTS YOU CREATE, PUBLISH, ADD TO ROOMS, OR INTERACT WITH.
THE WAY BOTS BEHAVE IS HEAVILY INFLUENCED BY THE PROMPTS PROVIDED BY USERS. YOU ACKNOWLEDGE THAT YOUR INPUT, OR THE INPUT OF OTHERS, PLAYS A SIGNIFICANT ROLE IN SHAPING THEIR ACTIONS AND RESPONSES. YOU AGREE THAT THE INITIAL PROMPTS, OR SETTINGS, FOR THE BOTS YOU CREATE, AND THE MANNER IN WHICH YOU INTERACT WITH BOTS, WILL ADHERE TO OUR COMMUNITY GUIDELINES AT ALL TIMES.
ANY BOT YOU ADD TO A ROOM MUST ALIGN WITH THE TONE, THEME, AND GUIDELINES FOR SUCH ROOM. IT IS YOUR RESPONSIBILITY TO TEST BOTS FOR APPROPRIATENESS PRIOR TO ADDING THEM TO A ROOM.
FURTHERMORE, YOU UNDERSTAND AND ACKNOWLEDGE THAT BOTS MAY NOT ACCURATELY REPRESENT THE PEOPLE THEY ARE INTENDED TO SIMULATE, AND THEIR ACTIONS AND STATEMENTS ARE STRICTLY FOR ENTERTAINMENT PURPOSES ONLY. YOU SHOULD NOT RELY ON ANY STATEMENTS, REPRESENTATIONS, INSTRUCTIONS, OR INFORMATION PROVIDED BY BOTS FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO DECISION-MAKING, PERSONAL, FINANCIAL, MEDICAL OR LEGAL MATTERS. PLEASE BE AWARE THAT BOTS MAY GENERATE CONTENT THAT, IF ACTED UPON, COULD LEAD TO HARMFUL OR EVEN ILLEGAL SITUATIONS. UNDER NO CIRCUMSTANCES SHOULD YOU ACT ON SUCH CONTENT. CANTINA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING FROM YOUR RELIANCE ON BOTS OR THEIR ACTIONS OR STATEMENTS, OR YOUR ACTIONS BASED ON THE CONTENT GENERATED BY BOTS.
USER CONTENT
Cantina allows Users to submit, post, display, provide, perform, or otherwise make content available on Service, such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”). You agree that any User Content you create will not violate our Community Guidelines.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you hereby grant, and you represent and warrant that you have all rights necessary to grant, Cantina a royalty-free, transferable, perpetual, irrevocable, non-exclusive, and worldwide license to use such User Content in Cantina’s discretion to provide, promote, monitor, and improve the Service.
We claim no ownership rights over user content created by you, and as between you and us, the user content you create remains yours. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms. Cantina has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You are responsible for (i) procuring all necessary rights, licenses, consents and clearances, including without limitation any payments to recording artists, music publishers, writers, actors, producers, record labels and all other royalty participants arising from Cantina's use and exploitation of the User Content, and public performance, synchronization, communication to the public, and (ii) making available all licenses worldwide. You agree to comply with all applicable laws, rules and regulations regarding live streaming of the User Content worldwide.
CANTINA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USERS OR THIRD PARTY SUBMITS, POSTS, SENDS, PUBLISHES, DISPLAYS, PROVIDES, OR OTHERWISE MAKES AVAILABLE ON OR THROUGH THE SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, SENDING, PUBLISHING, OR PROVIDING IT, OR OTHERWISE MAKING IT AVAILABLE ON THE SERVICE, AND YOU AGREE THAT WE ARE ACTING ONLY AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION OF YOUR USER CONTENT. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT CANTINA WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY USER CONTENT.
OUR PROPRIETARY RIGHTS; FEEDBACK
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content generated by Bots (the "Cantina Content”), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Cantina and its licensors (including other Users who post User Content to the Service) providers, distributors, and suppliers (collectively, “Suppliers”). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Cantina Content. Use of the Cantina Content for any purpose not expressly permitted by these Terms is strictly prohibited. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Cantina under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Cantina does not waive any rights to use similar or related ideas previously known to Cantina, or developed by its employees, or obtained from sources other than you.
TEXT MESSAGING
User Account Verification. By creating a User Account and providing Cantina your mobile phone number, you consent to receive text messages from us at the mobile phone number provided by you to us. We may place such calls or texts to (i) help keep your User Account secure through the use of two-factor authentication; (ii) help you access your User Account; and/or (iii) as otherwise necessary to service your User Account and/or to enforce these Terms, our policies, Applicable Law, and/or any other agreement we may have with you. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
User-Initiated Text Messages. By providing your mobile number and signing up to receive User-initiated SMS/text messages, you expressly consent and agree to receive recurring SMS/text messages with promotional messages (such invites to rooms and direct messages) sent using the Cantina Service from and on behalf of Cantina Users through your wireless provider to the mobile number provided to Cantina through your Account or when signing up to the SMS/text messaging program, even if your mobile number is registered on any state or federal Do Not Call list. SMS/text messages may be sent using an automatic telephone dialing system or other technology.
BILLING POLICIES
Certain aspects of the Service may be provided for a fee, subscription fee, or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms we make available on the Service, as we may update them from time to time (“Pricing and Payment Terms”). We may accept various payment methods through a payment processor, such as Apple, Google and Stripe. By using our Service, you agree to be bound by the Apple App Store Terms of Service, Google Play Terms of Service, Stripe Services Agreement, and other applicable third-party payment processor terms. Any Pricing and Payment Terms are hereby incorporated by this reference herein. You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Without limiting the generality of the foregoing, Cantina may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to the Pricing and Payment Terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.
IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION ON YOUR SETTINGS PAGE IN ADVANCE OF THE NEXT MONTHLY RENEWAL. ANY CANCELLATION WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU SUBMIT YOUR CANCELLATION. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION, AS APPLICABLE, AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
From time to time, we may make available an opportunity for you to invite a minimum number of your friends to subscribe to the Service in exchange for a waiver of a certain amount of your subscription fee to the Service (the “Refer a Friend Program”). Cantina does not guarantee that the Refer a Friend Program will be available at all times or at any given time.
NO REFUNDS
You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Cantina suspends or terminates your User Account or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
PAYMENT INFORMATION; TAXES
All information that you provide in connection with a purchase or transaction or other monetary interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary interactions. Payment from you to Cantina shall be considered your payment in full for the Service. Upon your payment of funds to Cantina, your payment obligation for the agreed upon Service and amount is terminated, and Cantina is responsible for remitting the funds to any third parties to the Service. Your recourse is only against Cantina if Cantina fails to remit funds received from you to a third party pursuant to the terms hereof.
PRIVACY
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
We reserve the right, but are not obligated, to monitor and review all User Content to ensure compliance with our terms and conditions, our community guidelines, and applicable law. This may include the use of proprietary, or third-party, automated systems to detect potential violations and illegal activity. By using our Service, you explicitly consent to such monitoring.
SECURITY
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
DMCA NOTICE
Since we respect artist and content owner rights, Cantina’s policy is to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Cantina’s copyright agent as set forth in the DMCA or fill out this Content Violation Report form. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Cantina, Inc.
10 Jay St, 4th FL
Brooklyn, NY 11201
Email: copyright@cantina.com
Tel: 929-675-0310
Fax: 646-390-7125
Repeat Infringer Policy. Cantina will terminate any user who repeatedly and/or blatantly infringes copyrights five (5) times.
PLEASE NOTE THAT INFORMATION PROVIDED IN THIS LEGAL NOTICE MAY BE FORWARDED TO THE PERSON WHO PROVIDED THE ALLEGEDLY INFRINGING CONTENT. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
CANTINA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANY OTHER USER, A BOT, OR THIRD PARTY BROADCASTS OR SENDS OVER THE APP. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A CONDUIT FOR YOUR ONLINE BROADCAST AND PUBLICATION OF YOUR CONTENT.PLEASE NOTE THAT THIS PROCEDURE IS EXCLUSIVELY FOR NOTIFYING CANTINA AND ITS AFFILIATES THAT YOUR COPYRIGHTED MATERIAL HAS BEEN INFRINGED. THE PRECEDING REQUIREMENTS ARE INTENDED TO COMPLY WITH CANTINA’S RIGHTS AND OBLIGATIONS UNDER THE DMCA, INCLUDING 17 U.S.C. §512(C), BUT DO NOT CONSTITUTE LEGAL ADVICE. IT MAY BE ADVISABLE TO CONTACT AN ATTORNEY REGARDING YOUR RIGHTS AND OBLIGATIONS UNDER THE DMCA AND OTHER APPLICABLE LAWS.IN ACCORDANCE WITH THE DMCA AND OTHER APPLICABLE LAW, CANTINA HAS ADOPTED A POLICY OF TERMINATING, IN APPROPRIATE CIRCUMSTANCES, THE ACCOUNTS OF USERS WHO ARE DEEMED TO BE REPEAT INFRINGERS. CANTINA MAY ALSO AT ITS SOLE DISCRETION LIMIT ACCESS TO THE APP AND/OR TERMINATE THE ACCOUNTS OF ANY INTELLECTUAL PROPERTY RIGHTS OF OTHERS, WHETHER OR NOT THERE IS ANY REPEAT INFRINGEMENT.
THIRD-PARTY INTEGRATIONS / SERVICE PROVIDERS
Cantina makes use of the following APIs/ third-party integrations. By agreeing to the Cantina Terms of Service you are also agreeing to the following Terms of Services: YouTube Terms of Service
THIRD-PARTY LINKS AND INFORMATION
The Service may contain links to third-party websites and services, and may contain content and other materials that are not owned or controlled by Cantina (collectively, “Third-Party Services”). Further, to use the Service, you may be required to register for Third-Party Services and/or to otherwise enable various Third-Party Services that may directly integrate with the Service. Cantina does not endorse or assume any responsibility for any Third-Party Services, nor for any information, materials, products, or services available on or through Third-Party Services. If you access a Third-Party Service from the Service or share your User Content on or through any Third-Party Service, you do so at your own risk, and you understand that these Terms and Cantina's Privacy Policy do not apply to your use of such Third-Party Services. You expressly relieve Cantina from any and all liability arising from your use of any Third-Party Services, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of any advertisers or similar parties found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and any such advertisers or similar parties. You agree that Cantina shall not be responsible for any loss or damage of any sort relating to your dealings with any such advertisers or similar parties.
COOPERATION
If requested, you agree to diligently assist us in responding to requests and inquiries with respect to your User Account, User Content, and/or material or transactions associated with you or your User Account, including, without limitation, by providing us with all information and assistance we may reasonably require, and/or responding promptly and accurately to any such requests and inquiries, should we connect between you and the inquirer.
INDEMNITY
You hereby release Cantina from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”
You agree to defend, indemnify and hold harmless Cantina and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any Applicable Law; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and/or use of the Service with your unique username, password or other credentials. Cantina reserves the right, in its sole discretion and at its expense, to assume the exclusive defense and control of any such claims, in which case, you agree to cooperate as reasonably requested by Cantina in the defense of such claims.
NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CANTINA CONTENT, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANTINA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CANTINA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT THE CANTINA CONTENT OR ANY OTHER INFORMATION CONTAINED IN THE SERVICE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR APPLICABLE LAW; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
CANTINA IS NOT RESPONSIBLE FOR ANY DECISIONS, NOR FOR ANY DAMAGES OR OTHER LOSSES RESULTING FROM THE RELIANCE ON OR USE OF INFORMATION PROVIDED BY CANTINA AND/OR THROUGH THE SERVICE. FURTHER, CANTINA DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND CANTINA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF THIRD-PARTY SERVICES.
FEDERAL LAW, AND SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CANTINA, ITS AFFILIATES, CONTRACTORS, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, AND/OR TO THE CANTINA CONTENT OR ANY OTHER INFORMATION CONTAINED IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL CANTINA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANTINA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CANTINA, ITS AFFILIATES, CONTRACTORS, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CANTINA HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE LIABILITY AROSE OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CANTINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
GOVERNING LAW
These Terms will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Provision below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Provision, then that issue will be resolved under and governed by the law of the U.S. state where you reside or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Provision below is found to be unenforceable.
ARBITRATION
READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CANTINA. This Arbitration Provision applies to and governs any dispute, controversy, or claim between you and Cantina that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Cantina, directly or indirectly, as a consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Provision will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.
If you are a new User, you can reject and opt-out of this Arbitration Provision within thirty (30) days of accepting these Terms by emailing Cantina at support@cantina.com with your full legal name and stating your intent to opt-out of this Arbitration Provision. Note that opting out of this Arbitration Provision does not affect any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
For any Claim, you agree to first contact us at support@cantina.com and to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Provision, this Arbitration Provision will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you reside or Sussex County, Delaware, unless you and Cantina agree otherwise. You acknowledge and understand that, depending on the kind of User you are, either (i) each of you and us will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, or (ii) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Cantina agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Provision, including any claim that all or any part of this Arbitration Provision is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
Nothing in this Arbitration Provision will be deemed as: preventing Cantina from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Provision is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Provision, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Provision. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Provision will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
CLASS ACTION/JURY TRIAL WAIVER
REGARDLESS OF THE TYPE OF USER YOU ARE, INCLUDING WHETHER YOU ARE A NATURAL PERSON OR AN ENTITY, ANY CLAIM MUST BE BROUGHT IN THE YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND CANTINA AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND CANTINA FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CANTINA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
ADDITIONAL TERMS FOR MOBILE APPLICATIONS
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Cantina does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Cantina hereby grants you a non-exclusive, non- transferable, revocable license to use a compiled code copy of the Mobile Applications for one Cantina User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Cantina may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Cantina or its Suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof).
Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Cantina reserves all rights not expressly granted under these Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
MOBILE APPLICATIONS FROM THE APPLE APP STORE
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Cantina, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple- Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple- Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Cantina as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Cantina as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Cantina, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Cantina acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
MOBILE APPLICATIONS FROM THE GOOGLE PLAY STORE
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Cantina only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Cantina, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Cantina's Google-Sourced Software.
GENERAL ASSIGNMENT
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cantina without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT
Cantina may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Cantina in our sole discretion. Cantina reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Cantina is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Cantina may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically.
When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
ENTIRE AGREEMENT/SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into with Cantina in connection with the Service, shall constitute the entire agreement between you and Cantina concerning the Service. Except as stated in the Arbitration Provision, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
NO WAIVER
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Cantina's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
CONTACT
Please contact us at support@cantina.com with any questions regarding these Terms.
CALIFORNIA RESIDENTS
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
