Welcome to the Cinco mobile application and Cinco website, www.thecincoapp.com (the “Platform”) operated by Lavenant LLC, d/b/a Cinco (“Cinco” or “we” or “us”) which allows you to organize in-person [events / pickleball matches] with known friends and contacts. You (the individual signing up to use the Platform) agree to these Terms of Service (these “Terms”) when you use the Platform. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE PLATFORM. ALSO, IF WE FEEL YOU HAVE VIOLATED THESE TERMS, WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR USE OF THE PLATFORM.

 

1. REGISTRATION / USER ACCOUNT

You may only use the Platform if you are at least 18 years old and use the Platform within the United States. To open an account to use the Platform, you must: (i) complete the requested registration information with true, accurate and complete information, which may include your name, gender, date of birth and location; (ii) maintain its accuracy; and (iii) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of anyone else at any time. You are responsible for all actions and communications, including account registration and other account holder information, email, and other content entered through or under your user name and password. You agree to notify us immediately of any unauthorized use of your account, user name, or password.

 

2. USE OF THE PLATFORM

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non sublicensable, non- transferable right to use the Platform in order to access and use the services and features we make available to you for your personal, non-commercial use only. You agree to comply with these Terms and all local laws and rules regarding your use of the Platform, your online communications and postings, and your off-line, in person activities conducted at events and other meetings that arise through your use of the Platform. In addition certain portions of the Platform may have additional terms posted for use of such areas or services and your use of those areas or services will also be subject to those additional terms. For example, some areas of the Platform use feature mapping services provided by Google Maps and Google Earth, and when you use these mapping services on the Platform you agree to be bound by the Google Maps/Google Earth Additional Terms of Service. If you do not agree to the additional terms, you may not use the portions of the platform or other services requiring the additional terms.

Activities or transactions you may choose to enter into with other users of the Platform or with any third parties, third party websites or related services that you may access through the Platform are solely between you and such other users, third parties or websites. These Terms do not cover other websites or third party actions, and we do not have control over how other users may act (although we do have control over other users’ accounts if we determine they have violated these Terms, and if you have a concern about another user’s actions you may report it to us at hello@thecincoapp.com). The fact that we link to another website is not an endorsement of that other website or of any affiliation we may have with that other website. We are not responsible for the policies, practices, actions or postings of other users, websites or third parties.

We may, in our discretion at any time and without prior notice, (i) revise these Terms and other online terms for the Platform; and (ii) modify or discontinue the Platform and any products or services available through the Platform, or any parts thereof. We will post any revision to these Terms or other online terms, and the revised Terms or other online terms will be effective immediately on such posting. You agree to review these Terms and other online terms posted on the Platform periodically to be aware of any revisions. Your continued use of the Platform or products or services available through the Platform shall constitute your acceptance of the revised Terms or other applicable online terms. If you do not agree to any of such changes, you must immediately cease all access and use of the Platform and products and services offered through the Platform, or the specific area of the Platform or products or services applicable to such other online terms. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms or other applicable online terms. We may at any time in our discretion terminate inactive accounts or limit or terminate your access to and use of the Platform, or any part thereof, with or without notice. You agree that upon termination we may delete all files and information related to your account and may bar your access to your account and any services offered from the Platform. You agree that we will not be liable to you or to any third party for termination of your access to the Platform or its products or services.

 

3. USE RESTRICTIONS

We impose certain restrictions on your permissible use of the Platform. You agree that you will not use the Platform or any product or service available from the Platform to, or encourage others to, upload, download, post, email, transmit or otherwise make available any materials or take any activity that:

1. is inappropriate, misleading (including without limitation impersonating any other person), unlawful (including without limitation, policies and laws related to spamming, privacy, obscenity or defamation, and any copyright laws), harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, sexually explicit, solicits personal information from or about a minor, promotes gambling, libelous, invasive of another's privacy, violates the rights of any individual or entity, hateful, or racially, ethnically or otherwise objectionable;
2. you do not have a right to conduct or make available under any law or otherwise, or that posts personal or sensitive information about other users without their permission;
3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4. contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
5. infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your user identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you;
6. attempts to hack the Platform or any software obtained from the Platform;
7. attempts to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code we use in providing the Platform or any software obtained from the Platform;
8. attempts to modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Platform or any software obtained from the Platform;
9. frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Platform, or engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Platform; or
10. implies that other websites are associated or affiliated with the Platform in any way. We reserve the right to investigate suspected violations of these Terms. If we believe, in our sole discretion, that a violation of this Agreement has occurred, we may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of your access to the Platform and/or deleting any materials from our system. We, in our sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Terms could also subject you to criminal or civil liability.

 

4. USER CONTENT

We claim no ownership rights to any content you submit when using the Platform. However, by submitting content you are:

(i) granting us a royalty-free right to use the content in connection with our provision of the Platform and its products and services (including the right to use, host, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content for use on the Platform and with the products and services made available through the Platform); (ii) agreeing to the use of information as set forth in the Privacy Policy; and (iii) representing and warranting that you own the rights to the such content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute such content. All content submitted by a user of the Platform or any product or service offered through the Platform is the sole responsibility of the person from which such content originated. You are solely responsible for all of your actions and the content that you upload or otherwise transmit via the Platform or any product or service offered through the Platform. We do not control content uploaded or otherwise transmitted by you or other users via the Platform or its products or services and, as such, do not guarantee the accuracy, integrity or quality of such content. We expressly disclaim all responsibility and liability for uses by you of any user content obtained on or in connection with the Platform or products or services offered through the Platform. You are solely responsible for your interactions with other users of the Platform and its products and services. We reserve the right, but have no obligation, to monitor disputes between you and such other users. We and our designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content contained on the Platform or its products or services at any time for any reason with or without notice. Always use caution when dealing with others and posting any personally identifying information about yourself. Any comments, feedback, suggestions and ideas disclosed, submitted or offered to us on how to improve the Platform or its products or services that may be offered through the Platform shall be owned exclusively by us and may be freely used by us to improve the Platform and its products and services.

 

5. PAYMENT TERMS

General details regarding fees (if any) and payment terms for use of the Platform and transactions you may enter into through the Platform are listed on the Platform, and specific details regarding your transactions can be found in your account details. You represent and warrant that the payment details you enter into the Platform are accurate and that you will keep them current. We reserve the right to update our fees and payment terms from time-to-time and we will give you advance notice of these changes via email to the email address you provide in your registration information or that you update in your account from time to time. All amounts are payable in US Dollars, and you are responsible for payment of any taxes for your use of the Platform and transactions you may enter into through the Platform. You agree to pay all applicable fees for your use of the Platform and authorize us to charge the credit card or other payment method you provide in your registration information or that you update in your account from time to time. We may terminate your account if your payment information is inaccurate or is not kept up to date. If we terminate your account because you have violated these Terms, you are not entitled to a refund of any unused portion of fees you may have paid.

 

6. PRIVACY POLICY

We are committed to maintaining the privacy and security of information about you that you provide to us through the Platform. You consent to how we collect, use and disclose such information in accordance with our Privacy Policy located at www.thecincoapp.com. Our Privacy Policy does not govern how other users or third parties use information you provide to them. While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we can prevent unauthorized access to your private information.

 

7. PROPRIETARY RIGHTS

You agree that as between the parties, we are the exclusive owner of the Platform and all products and services available through the Platform (including any software you may download from the Platform), and all constituent parts, including without limitation, all software code, any content on the Platform (excluding user content under Section 4 above), HTML scripts, the uniform resource locators (URL’s) for the Platform, the organization and layout of the Platform, all our trademarks, trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, and other intellectual property rights therein throughout the world (collectively “Our IP”). Any goodwill attached to, or generated by, Our IP is owned exclusively by us, or our licensors, and shall inure solely to our benefit or the benefit of our licensors. Nothing contained herein or on the Platform should be understood as granting you
any right or license to any of Our IP, except as expressly granted herein. All rights not expressly granted herein are reserved by us or our licensors. You further acknowledge and agree that content contained in any advertisements or information that may have been presented to you through the Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

 

8. DISCLAIMER OF WARRANTIES

THE PLATFORM, ITS PRODUCTS AND SERVICES, SOFTWARE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOUR USE THEREOF IS AT YOUR SOLE RISK. WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) DO NOT MAKE, AND EXPRESSLY DISCLAIM, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT THE PLATFORM OR ITS PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR ANY INFORMATION OBTAINED FROM THE PLATFORM OR ITS PRODUCTS OR SERVICES WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE PLATFORM, RELATED PRODUCTS, SERVICES AND CONTENT, AND YOUR ACTIVITIES RELATED THERETO, ARE IN ACCORDANCE WITH APPLICABLE LAW.

 

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM OR ITS PRODUCTS OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM OR ITS PRODUCTS OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE PLATFORM OR ITS PRODUCTS OR SERVICES OR IN EVENTS OR ACTIVITIES CONDUCTED THROUGH THE USE OF THE PLATFORM OR ITS PRODUCTS OR SERVICES; (V) ANY OTHER MATTER RELATING TO THE PLATFORM OR ITS PRODUCTS OR SERVICES; OR (VI) ANY EVENTS BEYOND OUR REASONABLE CONTROL. OUR LIABILTY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT OF FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION THAT MAY GIVE RISE TO LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

10. RELEASE AND INDEMNITY

To the full extent permitted by applicable law, you agree not to hold us, our parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors liable for any claims, demands, injuries and damages arising out of or in any way connected with any event or transaction organized through the Platform, the actions or inactions of other users or third parties, or your interactions with other users or third parties. You also agree, to the full extent permitted by applicable law, not to hold organizers of events or transactions through the Platform liable for their negligence in connection with their user content and their setting up and/or running any event or transaction organized through the Platform. In connection with this, you waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code (which says “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”) or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You agree to defend, indemnify and hold us, our parent, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors, and other users harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from content you submit, post, transmit or otherwise make available through the Platform or its products or services, your use of the Platform or its products or services, your violation of these Terms or other applicable online terms posted on the Platform, or your violation of any third party's rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights, or the actions or inactions you take or taken by other users of the Platform, its products or services. This obligation will survive any termination of these Terms.

 

11. GENERAL INFORMATION

No delay or failure to take action under these Terms will constitute any waiver by us of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of our permitted successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms are governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. You further irrevocably consent to the service of process in any such action or proceeding by the delivery of a copy of such process to you at the address set forth in your registration information. Not with standing anything to the contrary, we shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction. You agree to resolve disputes with us on an individual basis and not to bring a claim as a plaintiff in a class action suit or other consolidated or representative action, and you expressly waive any right to participate in a class action or other consolidated or representative action. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Notices to us must be sent to hello@thecincoapp.com. Notices to you will be sent to the email address set forth in your registration information. Notice will be deemed effective 24 hours after an email that is not returned to the sender is sent, or 3 days after deposit in the US mail, as applicable. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. We may freely assign these Terms without consent or notice. Sections 6 through 11 survive any termination of these Terms. These Terms (including all other terms incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated here in.

© 2023 Cinco (c) 2023 Lavenant LLC, d/b/a Cinco. All rights reserved.