Terms of Service

A.1 Eligibility

Any individual who accesses or uses the Site, including by participating in a Shoot or capturing or submitting User Content, must be at least eighteen (18) years of age and have the legal capacity to enter into these Terms. By accepting these Terms, you represent and warrant that you satisfy these eligibility requirements.

Cinebody reserves the right to refuse or revoke access to the Site at any time in its sole discretion, including for any violation of these Terms or applicable law.

A.2 Platform Overview

Cinebody provides a cloud-based video capture and content management platform that enables organizations (“Customers”) to collect, manage, and distribute user-generated video content from individuals who participate in Shoots or capture or submit content through the Site (“Filmers”). The Site includes tools for creating and managing video capture campaigns (“Shoots”), providing creative direction, capturing, reviewing and approving submissions, evaluating and editing submissions, and exporting finished content. The Site may include features or functionality that use or incorporate artificial intelligence, machine learning, or similar technologies (“AI-Assisted Features”). AI-Assisted Features may be used to provide or enhance functionality made available through the Site, including, without limitation, to generate instructions, questions, recommendations, or other outputs; provide creative direction; conduct interviews; process, transcribe, analyze, or evaluate User Content; and assist with editing.

Cinebody does not guarantee any particular outcome, result, or level of content quality from use of the Site, including the AI-Assisted Features. The quality and volume of content produced through the Site will vary based on multiple factors, including but not limited to the number of participants, creative direction provided, and engagement strategies employed by the Customer.

A.3 Platform User Types

The Site is used by Customers and Filmers as described below:

Customers

Customers may use the Site to create and manage Shoots, review and approve content, invite Filmers, manage team members, export content, and perform other administrative functions made available to them through the Site.

Filmers

“Filmers” are users who participate in Shoots by capturing or submitting video content through the Site. Filmers may be Customer employees, contractors, brand ambassadors, customers, fans, or other individuals invited or permitted to contribute content to a Shoot.

A.4 Registration

To access certain features of the Site, you must register for an account. When registering, you agree to provide accurate, current, and complete information, and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to immediately notify Cinebody of any unauthorized use of your account or any other breach of security. Cinebody shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

You may not create an account using a false identity, impersonate any person or entity, or use another person's account without authorization. Cinebody reserves the right to suspend or terminate any account that violates these provisions.

A.5 Access Rights

Subject to your compliance with these Terms, Cinebody grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its features and functionality made available to you. This license is limited to your use of the Site (a) as a Filmer or (b) for internal business purposes as a Customer or on behalf of a Customer, in each case as permitted by these Terms.

You may not sublicense, resell, distribute, or make the Site available to any third party except as expressly permitted by these Terms or otherwise authorized by Cinebody in writing. Any unauthorized use of the Site automatically terminates the license granted herein.

A.6 Content

All content uploaded, submitted, or otherwise made available through the Site by a user (collectively, “User Content”) remains the intellectual property of the respective content creator, subject to the licenses granted herein. By uploading, submitting, or otherwise making User Content available through the Site, you grant Cinebody a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, use, reproduce, distribute, publicly display, publicly perform, modify, adapt, and create derivative works from the User Content solely as necessary to operate and provide the Site and provide services through the Site to you and other authorized users, including the applicable Customer or Filmer, as applicable, including to make the User Content available to the applicable Customer.

By uploading or submitting video footage, audio recordings, photographs, or other audiovisual materials through the Site, you grant Cinebody a non-exclusive, worldwide, royalty-free, sublicensable right and license to use, reproduce, modify, distribute, publicly display, publicly perform, and create derivative works from such materials, and to use any name, image, likeness, voice, appearance, or performance embodied in such materials, for Cinebody’s own marketing and promotional purposes; provided that, with respect to materials submitted in connection with a Customer’s Shoot, the foregoing license will apply only if the applicable Customer has consented to Cinebody’s use of such materials for those purposes.

Notwithstanding anything to the contrary in these Terms, Cinebody may use anonymized, aggregated data derived from your use of the Site for product improvement, including to develop and improve the AI-Assisted Features, analytics, and marketing purposes, provided that such data does not identify you or any individual personally.

Notwithstanding anything to the contrary in these Terms, unless the applicable Customer opts out in accordance with the procedures made available by Cinebody, Cinebody may use User Content submitted in connection with that Customer’s Shoots to develop, train, test, and improve the Site, including the AI-Assisted Features. Any opt-out will apply prospectively only and will not affect Cinebody’s prior use of User Content or require Cinebody to delete or modify any anonymized or aggregated data, models, algorithms, or improvements developed before the opt-out became effective. Cinebody will not use the applicable Customer’s User Content for these purposes after the opt-out becomes effective.

Cinebody does not claim ownership of User Content. However, you understand and agree that Cinebody may need to process, transcode, and store your content as part of the Site’s functionality.

A.7 No Responsibility for Content or Incentives

Cinebody is a technology platform provider and, except as otherwise expressly agreed by Cinebody in a separate written agreement, does not create or control User Content. While the Site, including the AI-Assisted Features, may provide tools that assist with directing, reviewing, evaluating, or editing User Content, those tools are provided solely to assist users. Cinebody does not assume, and expressly disclaims, any responsibility or liability for User Content, including its nature, quality, accuracy, legality, or appropriateness. Cinebody has no obligation to review, approve, or endorse any User Content, and any assistance provided through the Site does not constitute Cinebody’s approval or endorsement of, or acceptance of responsibility or liability for, such User Content.

Except as otherwise expressly agreed by Cinebody in a separate written agreement, all incentives, compensation, prizes, or other benefits offered in connection with a Shoot are established and offered by the applicable Customer. Cinebody may make payment functionality available on the Site through a third-party payment services provider (a “Payment Processor”) as a convenience to facilitate Customer-funded payments to Filmers, but the Customer remains solely responsible for determining eligibility for and the amount of each payment and for resolving any dispute with a Filmer concerning an incentive or payment. Cinebody’s facilitation of payment processing does not make Cinebody the sponsor or provider of the applicable incentive or a party to the underlying arrangement between the Customer and the Filmer. Cinebody does not guarantee the availability, successful processing, receipt, or timing of any payment.

A.8 Monitoring of Content

Cinebody reserves the right, but has no obligation, to monitor, review, or remove any User Content at its sole discretion. Cinebody may take action against content that violates these Terms, applicable law, or Cinebody’s content guidelines, including but not limited to removing content, suspending accounts, or reporting violations to law enforcement. Cinebody’s monitoring, review, or removal of User Content does not constitute Cinebody’s approval or endorsement of, or acceptance of any responsibility or liability for, such User Content.

If you become aware of any content on the Site that you believe violates these Terms or applicable law, please contact us at info@cinebody.com.

A.9 Customer Terms

As a Customer, you acknowledge and agree that:

• You are responsible for all access to and use of the Site by your employees, contractors, and other individuals you authorize to access or use the Site on your behalf, including their compliance with these Terms.
• You are responsible for all content created, uploaded, managed, and distributed through your account or in connection with your Shoots, including content submitted by Filmers participating in your Shoots.
• You will use the Site only for lawful purposes and in accordance with all applicable laws and regulations.
• You are responsible for the creative direction, instructions, and incentives you provide to Filmers, and you will ensure that such direction does not encourage Filmers to engage in illegal, dangerous, or otherwise harmful activities.
• You will comply with all applicable laws regarding the collection, storage, and use of personal data from Filmers and other individuals who interact with your Shoots.
• You are solely responsible for obtaining any necessary rights, releases, or permissions required for your use of content captured through the Site, including talent releases, location permits, and music licenses.
• You will not use the Site to collect content that infringes the intellectual property rights, privacy rights, or other rights of any third party.

A.10 Customer Accounts

A.10.1 Subscriptions

Access to certain Site features requires a paid subscription. Subscription plans, features, and pricing are described on the Cinebody pricing page and may be updated from time to time. By subscribing, you agree to pay the applicable fees for your selected plan in accordance with the billing terms presented at the time of purchase.

A.10.2 Auto-Renewal

All subscription plans automatically renew at the end of each billing cycle (monthly or annually, as applicable) unless you cancel your subscription before the renewal date. You authorize Cinebody to charge the payment method on file for each renewal period at the then-current rate.

A.10.3 Pricing

Cinebody reserves the right to modify subscription pricing at any time upon written notice to the applicable Customer. Price changes for existing subscribers will take effect at the start of the next billing cycle following notice of the change. Continued use of the Site after a price change constitutes acceptance of the new pricing.

A.10.4 Storage

Each subscription plan includes a specified amount of cloud storage for video content and related assets. If your usage exceeds the storage allocation for your plan, Cinebody may charge overage fees, restrict uploads, or require you to upgrade to a higher plan tier. Storage usage and limits are visible in the Customer dashboard.

A.10.5 Cancellation; Plan Downgrades

You may cancel or downgrade your subscription at any time through your account settings or by contacting Cinebody at info@cinebody.com. Any cancellation or downgrade will take effect at the end of the current billing period, and you will retain access to your then-current paid features until that date. No refunds or credits will be issued for any unused portion of the current billing period as a result of a cancellation or downgrade. A cancellation or downgrade of a subscription does not, by itself, constitute a request to delete your account or User Content.

A.10.6 Payment Services

Cinebody may make optional payment functionality available through the Site that enables a Customer to fund amounts offered by the Customer to Filmers in connection with its Shoots and to facilitate payment of those amounts to eligible Filmers (the “Payment Services”). Use of the Payment Services is optional, and the provisions of this Section apply only to the extent you access or use the Payment Services. Nothing in these Terms requires a Customer or Filmer to use the Payment Services or prohibits a Customer and Filmer from separately arranging payment outside the Site. Cinebody is not a party to and has no responsibility or liability for any payment arrangement or transaction conducted outside the Payment Services. Cinebody currently uses Stripe, Inc. and its affiliates (“Stripe”) as the Payment Processor for the Payment Services, and the Payment Services currently use Stripe Connect and Stripe’s separate-charges-and-transfers functionality. Use of the Payment Services is subject to any applicable Stripe terms presented or made available to you. Cinebody may use Stripe or another Payment Processor designated by Cinebody from time to time, provided that Cinebody will identify the applicable Payment Processor and make any terms that apply directly to you available before you use that Payment Processor’s services. Cinebody and the applicable Payment Processor may establish additional requirements, procedures, limits, or restrictions governing the Payment Services from time to time. Cinebody will provide reasonable notice of any material changes to such requirements, procedures, limits, or restrictions, except where an immediate change is required by applicable law, the Payment Processor, or fraud, security, or payment-risk concerns.

By providing a payment method and electing to fund a Shoot, you represent and warrant that you are authorized to use the payment method and authorize Cinebody and the applicable Payment Processor to charge the payment method for the amount you elect to fund, together with any applicable fees or other amounts disclosed to you through the Site before the charge is submitted. You further authorize the applicable Payment Processor to store or tokenize the payment method and use it to process transactions you authorize in connection with the Payment Services.

Amounts funded by a Customer for payments to Filmers (“Project Funds”) will be reflected as a balance associated with the Customer through the Site and maintained in Cinebody’s account with the applicable Payment Processor pending transfer to Filmers, application to future Shoots, or refund in accordance with these Terms. Cinebody will maintain Project Funds in an account with the applicable Payment Processor designated for Project Funds and Filmer payouts that is separate from any account used to receive or hold Cinebody’s own revenue or operating funds. Project Funds are not bank deposits or escrowed funds, do not earn interest, and are not held by Cinebody as a bank, trustee, fiduciary, or escrow agent.

The Customer is solely responsible for determining whether a Filmer has satisfied the requirements for a payment, determining the amount earned, and approving the payment through the Site. Cinebody may rely on the Customer’s instructions without independently verifying the Filmer’s eligibility or the accuracy of the approved amount. After the Customer approves a payment, the approved amount may be made available for transfer to the Filmer’s linked account with the applicable Payment Processor when the Filmer initiates a cash-out in accordance with the procedures made available by Cinebody and the applicable Payment Processor.

Project Funds that have not been paid or approved for payment to Filmers will remain associated with the Customer through the Site and may be applied to payments in connection with future Shoots. The Customer may request a refund of available, unused Project Funds only through the procedures designated and made available by Cinebody. The amount available for refund may be reduced by amounts previously paid or approved for payment, amounts subject to a pending transfer, and any fees, chargebacks, reversals, negative balances, or other amounts owed in connection with the Payment Services. Refunds are subject to the applicable Payment Processor’s requirements and processing times and may be issued to the original payment method or through another method permitted by the applicable Payment Processor.

The Customer is responsible for and shall pay or reimburse Cinebody for all amounts arising from or relating to the Customer’s use of the Payment Services, including applicable processing fees, refunds, dispute-related amounts, chargebacks, failed payments, insufficient-funds fees, negative balances, and any related fees or costs assessed against Cinebody by a Payment Processor, financial institution, or payment network. The Customer authorizes Cinebody and the applicable Payment Processor, to the extent permitted by applicable law and the Payment Processor’s requirements, to deduct such amounts from the Customer’s Project Funds or charge them to the Customer’s payment method. If Cinebody is unable to recover the full amount through those methods, the Customer shall pay the remaining amount to Cinebody upon request. Cinebody may suspend the Customer’s access to the Payment Services, withhold refunds or transfers, or require additional funding while any such amount remains outstanding or as reasonably necessary to address fraud, error, legal requirements, or payment risk.

The Customer is solely responsible for the terms on which it engages or offers compensation to Filmers and for complying with all laws applicable to those arrangements, including laws concerning worker classification, wages and payment timing, incentives, contests and promotions, tax withholding and reporting, and similar obligations. Cinebody’s provision of the Payment Services, including any tax reporting performed in connection with those services, does not make Cinebody a party to the underlying arrangement between the Customer and a Filmer or create an employment, independent-contractor, partnership, joint-venture, agency, or other service relationship between Cinebody and any Filmer.

The Payment Services and all charges, transfers, cash-outs, refunds, and other transactions processed through the Payment Services are subject to the applicable Payment Processor’s terms, policies, verification requirements, restrictions, and availability, as well as the rules and requirements of applicable financial institutions and payment networks. Cinebody may modify, suspend, restrict, or discontinue all or any portion of the Payment Services at any time, subject to applicable law and the applicable Payment Processor’s requirements. Cinebody may also decline, delay, suspend, reverse, or cancel any transaction if required by applicable law or the applicable Payment Processor or as reasonably necessary to address fraud, error, security concerns, or payment risk. Any suspension or discontinuation of the Payment Services will not affect the Customer’s accrued payment or reimbursement obligations, and Cinebody may continue to administer pending transactions and remaining Project Funds in accordance with these Terms. Cinebody is not responsible for delays, holds, declines, restrictions, or other actions imposed by a Payment Processor, financial institution, or payment network.

A.11 Filmer Information

Customers who use the Site may access information about Filmers who participate in their Shoots, including, as applicable, names, usernames, profile or account details, and submission history within that Customer’s Shoots. Customers agree to use such information only in accordance with applicable data protection laws and Cinebody’s Privacy Policy.

A.12 Filmer Terms

As a Filmer, you acknowledge and agree that:

By capturing or submitting User Content through the Site, you grant the Customer who created or manages the applicable Shoot and its designees a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, distribute, publicly display, publicly perform, and create derivative works from all User Content you capture or submit through the Site.

You grant the Customer that created or manages the applicable Shoot and its designees a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use your name, image, likeness, voice, appearance, and performance as embodied in or in connection with User Content you capture or submit through the Site, in any media now known or later developed, for the Customer’s business, advertising, promotional, publicity, and other commercial purposes. Except as otherwise separately agreed in writing, you waive any right to inspect or approve such use and agree that you are not entitled to further notice or compensation in connection with such use.

You represent and warrant that you own or have all necessary rights to the User Content you capture or submit, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other rights of any third party. If any other person appears or is heard in your User Content, you further represent and warrant that you have obtained all rights, consents, permissions, and releases necessary to capture and submit that person’s name, image, likeness, voice, appearance, or performance and to grant the rights set forth in these Terms, including consent from a parent or legal guardian if that person is under eighteen (18) years of age.

You acknowledge that your interactions with the AI-Assisted Features, including interviews conducted using the AI-Assisted Features, may be recorded, transcribed, analyzed, evaluated, and edited as part of the Site’s functionality.

You are responsible for your own safety when capturing content. Cinebody is not responsible for any injury, damage, or loss you may sustain while filming.

You agree to follow the creative direction and guidelines provided for each Shoot, and to comply with all applicable laws when capturing content.

Except as otherwise expressly agreed by Cinebody in a separate written agreement, all incentives or compensation offered in connection with a Shoot are established and offered by the applicable Customer, not Cinebody. The Customer is solely responsible for determining your eligibility for and the amount of any payment. Any dispute concerning whether you satisfied the applicable requirements or the amount you earned must be resolved between you and the Customer. Cinebody’s facilitation of payment processing does not make Cinebody the sponsor or provider of the applicable incentive or a party to the underlying arrangement between you and the Customer.

Receiving Payments

To receive payments through the Payment Services, you must establish or connect an account with the applicable Payment Processor, accept and comply with the Payment Processor’s applicable terms, complete all required onboarding and identity-verification procedures, and provide accurate and complete payment and tax information to the Payment Processor. Cinebody currently uses Stripe Connect Express accounts for this purpose. Your ability to receive or withdraw payments is subject to the Payment Processor’s approval of your account and its applicable requirements, restrictions, and availability. To the fullest extent permitted by applicable law, Cinebody is not responsible or liable to you for any determination, action, or failure to act by a Customer concerning your eligibility for, the amount of, or the approval of any payment.

A payment may be made available for cash-out only after the applicable Customer approves the payment through the Site. You are responsible for initiating the transfer of an available payment to your linked account with the applicable Payment Processor in accordance with the procedures made available by Cinebody and the Payment Processor. Cinebody may delay, withhold, reverse, or cancel a payment or transfer if required by applicable law or the applicable Payment Processor or as reasonably necessary to address fraud, error, disputes, security concerns, or payment risk. Cinebody does not guarantee that any payment or transfer will be available, received, or completed within any particular period.

The applicable Payment Processor will collect your tax information as part of its onboarding and verification process. Cinebody may use the Payment Processor’s tax-reporting services and information collected through those services to prepare and file any tax forms that Cinebody determines are required in connection with payments made to you through the Payment Services. You are responsible for ensuring that all information you provide is accurate, complete, and current and for reporting and paying all taxes for which you are responsible. Cinebody may withhold amounts as required by applicable law and may suspend or delay payments if you do not provide required tax information. Cinebody does not provide tax advice.

A.13 Public Shoots

Certain Shoots may be designated as “Public Shoots” by the Customer. Public Shoots are open to any Filmer and may be discoverable through the Site or other channels. By participating in a Public Shoot, you agree to the specific terms and creative direction associated with that Shoot, in addition to these Terms.

Cinebody does not endorse or guarantee the legitimacy, safety, or quality of any Public Shoot. Participation in Public Shoots is at your own risk. Cinebody reserves the right to remove or restrict any Public Shoot at its sole discretion.

B.1 Disclaimer of Warranty

Cinebody does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Cinebody does not warrant the accuracy, completeness, or reliability of any content available through the Site. The AI-Assisted Features and any content, information, materials, or other outputs generated, provided, or modified by or through the AI-Assisted Features (“AI Outputs”) may contain errors, inaccuracies, or incomplete information. Cinebody does not warrant the accuracy, completeness, reliability, quality, or suitability of any AI Outputs or that the AI-Assisted Features or AI Outputs will achieve any particular result. Your use of the Site, the AI-Assisted Features, and any AI Outputs is at your sole risk. You are solely responsible for reviewing and evaluating all AI Outputs before using or relying on them and must not rely on any AI Output as a sole source of factual information or as a substitute for independent judgment.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CINEBODY, ITS EMPLOYEES OR AGENTS, OR THROUGH THE SITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THESE TERMS.

B.2 Privacy

You acknowledge that Cinebody may collect, use, and disclose personal information that you submit through the Site or that Cinebody collects about you through the Site, as described in Cinebody’s privacy policy available on the Site (“Privacy Policy”). The Privacy Policy is not incorporated into and does not form part of these Terms.

B.3 Third Party Content

The Site may display, include, or make available content, data, information, applications, or materials from third parties ("Third Party Content"). Cinebody does not control, endorse, or assume responsibility for any Third Party Content, including the accuracy, completeness, timeliness, validity, legality, or quality thereof.

You acknowledge and agree that Cinebody shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any Third Party Content.

B.4 Suspension and Termination; Data Deletion

Cinebody may, in its sole discretion and without prior notice, suspend or terminate your access to the Site or any part thereof for any reason, including but not limited to violation of these Terms, suspected fraudulent or illegal activity, extended periods of inactivity, or requests by law enforcement or government agencies.

Upon termination, your right to use the Site will immediately cease. Cinebody shall not be liable to you or any third party for any termination of your access to the Site. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

A Customer or Filmer may request deletion of applicable data only through the request mechanism and in accordance with the procedures then designated and made available by Cinebody. Cinebody may require information reasonably necessary to verify the requester’s identity and authority, and any request submitted on behalf of a Customer must be submitted by an individual authorized to act on the Customer’s behalf.

Following receipt and verification of a properly submitted request, Cinebody will delete the requesting party’s User Content, transcripts, and AI-generated reviews under Cinebody’s control within thirty (30) days, except to the extent retention is required by applicable law, copies remain in Cinebody’s routine backup or archival systems pending deletion in the ordinary course, or retention is reasonably necessary and permitted by applicable law for internal support, troubleshooting, security, or product-improvement purposes. This deletion obligation does not apply to anonymized or aggregated data that does not identify and cannot reasonably be used to identify the Customer, Filmer, or any other individual. Deletion does not revoke or otherwise affect any rights or licenses granted before deletion, and Cinebody is not responsible for deleting User Content or other information that a Customer or another authorized third party has downloaded, exported, copied, or otherwise retained outside the Site. A request for deletion of data does not terminate any subscription or these Terms, although deletion may limit or prevent the use of Site features that depend on the deleted data.

B.5 Availability

Cinebody makes no guarantees regarding the availability or uptime of the Site. The Site may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond Cinebody's control. Cinebody reserves the right to modify, suspend, or discontinue any part of the Site at any time without notice or liability.

B.6 Trademarks

"Cinebody," the Cinebody logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Super 6 LLC or its affiliates. You may not use such marks without the prior written permission of Cinebody. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

B.7 External Links

The Site may contain links to third-party websites or resources. These links are provided solely for your convenience. Cinebody has no control over the content, privacy policies, or practices of third-party websites and assumes no responsibility therefor. Your access to and use of third-party websites is at your own risk and subject to the terms and conditions of such websites.

B.8 Restrictions on Use

When using the Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Upload, post, or transmit any content that is defamatory, obscene, abusive, invasive of privacy, hateful, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with, disrupt, or create an undue burden on the Site, servers, or networks connected to the Site.
• Attempt to gain unauthorized access to any part of the Site, other accounts, computer systems, or networks connected to the Site.
• Use any device, software, or routine to interfere with the proper functioning of the Site, or attempt to probe, scan, or test the vulnerability of any system or network.
• Use any automated system, including robots, spiders, scrapers, or offline readers, to access or interact with the Site without Cinebody’s prior written consent.
• Collect, aggregate, copy, duplicate, display, or create derivative works from the Site or any portion thereof, except as expressly permitted by these Terms or otherwise authorized by Cinebody.
• Harvest, collect, or store personal data about other users without their express consent.
• Use the Site to distribute unsolicited commercial communications (spam).
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or any part thereof.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on the Site.

B.9 Proprietary Protection

As between you and Cinebody, Cinebody and its licensors retain all right, title, and interest, including all intellectual property and proprietary rights, in and to the Site and all software, technology, features, functionality, interfaces, designs, documentation, processes, methods, know-how, and other materials comprising the Site, together with all updates, upgrades, improvements, modifications, enhancements, and derivative works of the foregoing, excluding User Content. The Site is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

Except for the rights expressly granted under these Terms, including with respect to User Content, you receive no right, title, or interest in or to the Site or any materials comprising the Site. All rights not expressly granted are reserved by Cinebody.

B.10 DMCA Claims

Cinebody respects the intellectual property rights of others and expects users of the Site to do the same. If you believe that any content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing to our designated agent:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material you claim is infringing is located on the Site, with sufficient detail to allow Cinebody to locate it.
4. Your address, telephone number, and email address.
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated DMCA agent can be reached at:

B.11 Limitation of Liability

In no event shall Cinebody’s total aggregate liability to you for all claims arising out of or relating to these Terms or the Site, whether in contract, tort, or otherwise, exceed the greater of (a) the amounts you have paid to Cinebody in the twelve (12) months preceding the first event giving rise to liability, or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such cases, Cinebody’s liability shall be limited to the fullest extent permitted by applicable law.

B.12 Indemnification

You agree to defend, indemnify, and hold harmless Cinebody, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any claim, demand, action, or proceeding brought against an Indemnified Party by any person or entity other than you or another Indemnified Party (each, a “Third-Party Claim”), and any resulting damages, obligations, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) your access to or use of the Site; (b) your violation of these Terms or applicable law; (c) your violation of any third-party right, including any intellectual property, privacy, publicity, or proprietary right; (d) your User Content; (e) any negligent or wrongful act or omission by you; (f) if you are a Customer, your offering, administration, funding, approval, payment, or nonpayment of any incentive or compensation to a Filmer, or your relationship or arrangement with any Filmer, including any claim concerning eligibility for or the amount of a payment, worker classification, wages, payment timing, taxes, withholding, reporting, contests, or promotions; or (g) your use or misuse of the Payment Services, your violation of any applicable Payment Processor terms, or any payment or payout instruction, information you submit in connection with the Payment Services, refund, dispute, chargeback, reversal, failed payment, or insufficient funds.

Cinebody will provide you with notice of any Third-Party Claim and will have the right to participate in the defense of the Third-Party Claim at its expense. This defense and indemnification obligation will survive these Terms and your use of the Site.

B.13 Mandatory Dispute Resolution / Arbitration

Agreement to Arbitrate. You and Cinebody agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring individual claims in small claims court if such claims qualify.

Arbitration Rules. Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Denver, Colorado, unless you and Cinebody agree to a different location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You and Cinebody agree that each party may bring Disputes only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Opt-Out. You may opt out of this arbitration provision by sending written notice to Cinebody at info@cinebody.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision.

Severability. If any part of this arbitration provision is found to be invalid or unenforceable, the remaining portions shall continue in full force and effect. If a court determines that the class action waiver is unenforceable, the entirety of this arbitration provision shall be null and void, and the parties agree to submit Disputes to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado.

B.14 General

B.14.1 Independent Contractors

Nothing in these Terms shall be construed to create a joint venture, partnership, franchise, or agency relationship between you and Cinebody. Neither party has the authority to bind the other or incur obligations on the other's behalf.

B.14.2 Enforcement

Cinebody's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

B.14.3 Force Majeure

Cinebody shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, epidemics, government actions, labor disputes, power failures, internet disruptions, or equipment failures.

B.14.4 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Any waiver must be in writing and signed by the waiving party to be effective.

B.14.5 Entire Agreement

Except for any applicable Services Agreement, these Terms, together with any order or other transaction document that references these Terms, constitute the entire agreement between you and Cinebody regarding the Site and supersede all prior or contemporaneous communications, whether oral or written, between you and Cinebody regarding the Site.

B.14.6 Amendment

Cinebody may modify these Terms at any time upon notice, which may be provided by email, by posting a prominent notice within the Site, or through another reasonable electronic method. For a Customer with a paid subscription, any modification will become effective at the start of the Customer’s next renewal or billing cycle following the date of the notice. If the Customer does not agree to the modified Terms, the Customer may cancel or elect not to renew its subscription before the modification becomes effective.

For Filmers and other persons or entities that are not subject to a paid subscription, any modification will become effective on the date specified in the notice. Your continued access to or use of the Site after the effective date of the modified Terms constitutes your acceptance of the modified Terms. Cinebody may require you to affirmatively accept the modified Terms before continuing to access or use the Site. If you do not agree to the modified Terms, you must stop accessing and using the Site.

Except as set forth in this Section or otherwise expressly provided in an applicable Services Agreement, these Terms may not be modified except by a written amendment signed by an authorized representative of each party.

B.14.7 Contact

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