CINEVITE END USER LICENSE AGREEMENT

Last Updated: 01/01/2024

CINEVITE END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE CINEVITE SOFTWARE APPLICATION (“APP”) OR THE CINEVITE PLEDGE PLATFORM. THIS AGREEMENT GOVERNS YOUR USE OF THE APP AND CINEVITE PLEDGE PLATFORM PROVIDED BY CINESTRUCT, LLC ("CINESTRUCT" OR "WE").

BY DOWNLOADING OR USING THE APP OR ACCESSING THE CINEVITE PLEDGE PLATFORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE APP OR ACCESS THE CINEVITE PLEDGE PLATFORM.

I. LICENSE: Cinestruct grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App and access the Cinevite Pledge platform for your personal and commercial use in accordance with this Agreement.

II. RESTRICTIONS: You agree not to, and will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App, the Cinevite Pledge platform, or make either available to any third party.

III. PRIVACY: By using the App or the Cinevite Pledge platform, you acknowledge and agree that Cinestruct may collect and use information to provide services and as otherwise described in our Privacy Policy.

IV. USER CONDUCT: As a condition of your use of and access to the Cinevite app or the Cinevite Pledge platform, you agree to comply with all applicable laws and regulations and not to use either for any purpose that is prohibited by these terms. This includes, but is not limited to the following:

A. You may not upload, post, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

B. You may not harm, harass, threaten, or impersonate other Cinevite users or any other individuals.

C. You may not upload, post, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Violation of these terms may lead to immediate termination of your account, without any notice. Cinestruct, LLC also reserves the right to take any appropriate legal action.

VI. INTELLECTUAL PROPERTY: All right, title, interest, and intellectual property rights in and to the App, the Cinevite Pledge platform (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into either), are owned by Cinestruct or its suppliers. You may not copy or distribute the App, the Cinevite Pledge platform, or any part thereof, in any manner or form, without the express prior written consent of Cinestruct.

VII. TERM & TERMINATION: This Agreement shall remain in effect until terminated by you or Cinestruct. Cinestruct may, in its sole discretion, at any time and for any reason, terminate your use of the App or the Cinevite Pledge platform, or terminate this Agreement, without prior notice.

VIII. DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT THE APP AND THE CINEVITE PLEDGE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. CINESTRUCT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND THE CINEVITE PLEDGE PLATFORM, EITHER EXPRESS, IMPLIED OR STATUTORY.

IX. LIMITATION OF LIABILITY: IN NO EVENT SHALL CINESTRUCT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THE CINEVITE PLEDGE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.

XI. GOVERNING LAW: This Agreement is governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws rules.

XII. SEVERABILITY: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

XIII. CHANGES TO THIS AGREEMENT: Cinestruct reserves the right to modify this Agreement at any time, effective upon posting of an updated version of this Agreement on the App or the Cinevite Pledge platform. You are responsible for regularly reviewing this Agreement.
BY CONTINUING TO USE THE APP OR THE CINEVITE PLEDGE PLATFORM AFTER ANY SUCH CHANGES, YOU ACCEPT THE AGREEMENT AS MODIFIED.

XIV. CONTACT INFORMATION: If you have any questions about this Agreement, please contact us at support@cinevite.com.