Privacy policy

We are delighted that you have shown interest in our enterprise. Data protection is of a high priority for the management of the CINEMOOD Trendsetters Co. The use of the Internet pages of the CINEMOOD Trendsetters Co. is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the CINEMOOD Trendsetters Co. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the CINEMOOD Trendsetters Co. has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

  1. Definitions

The data protection declaration of the CINEMOOD Trendsetters Co. is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a) Personal data

Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c) Processing

Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d) Restriction of processing

Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e) Profiling

Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f) Pseudonymisation

Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g) Controller or controller responsible for the processing

Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h) Processor

Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i) Recipient

Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
•          j)      Third party

Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k) Consent

Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

  1. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

CINEMOOD Trendsetters Co.

910 Broadway Street

CA 94133 San Francisco

United States

Phone: +1 650 921-1365

Email: support@cinemood.com

Website: www.cinemood.com

  1. Cookies

The Internet pages of the CINEMOOD Trendsetters Co. use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the CINEMOOD Trendsetters Co. can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the items that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

  1. Collection of general data and information

The website of the CINEMOOD Trendsetters Co. collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the CINEMOOD Trendsetters Co. does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the CINEMOOD Trendsetters Co. analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

  1. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. The storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on this data, or if the transfer serves the aim of criminal investigation and prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to users who have registered. Registered persons are free to change their personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees is available to the data subject in this respect as contact persons.

  1. Subscription to our newsletters

On the website of the CINEMOOD Trendsetters Co., users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

The CINEMOOD Trendsetters Co. informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. The first time a data subject registers, a confirmation e-mail will be sent to the e-mail address registered by the data subject for newsletter shipping as well as for legal reasons, as a result of the “double opt-in” procedure. This confirmation e-mail is used to prove to the controller whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary for the controller to notice any (possible) misuse of the data subject’s email address at a later date, and it therefore serves the aim of legal protection stated by the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may also be revoked at any time. A link can be found in each newsletter for revoking/unsubscribing. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in another way (such as by telephone or email).

  1. Newsletter-Tracking

The newsletter of the CINEMOOD Trendsetters Co. contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in these e-mails, which are sent in HTML format to enable log file recording and analysis. This simply allows for a statistical analysis of the success or failure of online marketing campaigns set by the controller. Based on the embedded tracking pixel, the CINEMOOD Trendsetters Co. may see the if the an email was opened, including the time said e-mail was opened by data subjects, as well as which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters to the interests of the data subject. These personal data will NOT be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The CINEMOOD Trendsetters Co. automatically regards a withdrawal from the receipt of the newsletter as a revocation.

  1. Contact possibility via the website

The website of the CINEMOOD Trendsetters Co. contains information that enables quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general e-mail address. If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. This data transmitted on a voluntary basis by a data subject to the data controller are stored for processing or contacting the data subject. There is NO transfer of this personal data to third parties.

  1. Comments function in the blog on the website

The CINEMOOD Trendsetters Co. offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in what are referred to as blogposts. Blogposts may usually be commented on by other registered users as well as third parties.

If a data subject leaves a comment on a blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user's (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged. This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts restricted/illegal content through a comment. The storage of these personal data is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal data will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defense of the data controller.

  1. Subscription to comments in the blog on the website

The comments made in the blog of the CINEMOOD Trendsetters Co. may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favor of this option. The option to subscribe to comments may be terminated at any time.

  1. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

  1. Rights of the data subject
  • a) Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

o          the purposes of processing;

o          the categories of personal data concerned;

o          the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;

o          where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

o          the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

o          the existence of the right to lodge a complaint with a supervisory authority;

o          where the personal data are not collected from the data subject, any available information as to their source;

o          the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal data have been transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Considering the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

o          The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

o          The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.

o          The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.

o          The personal data have been unlawfully processed.

o          The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.

o          The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the CINEMOOD Trendsetters Co., he or she may, at any time, contact any employee of the controller. An employee of CINEMOOD Trendsetters Co. shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the CINEMOOD Trendsetters Co. will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

o          The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.

o          The processing is unlawful, and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.

o          The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.

o          The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the CINEMOOD Trendsetters Co., he or she may at any time contact any employee of the controller. The employee of the CINEMOOD Trendsetters Co. will arrange the restriction of the processing.

  • f) Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the CINEMOOD Trendsetters Co.

  • g) Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

The CINEMOOD Trendsetters Co. shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

If the CINEMOOD Trendsetters Co. processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing. If the data subject objects to the CINEMOOD Trendsetters Co. to the processing for direct marketing purposes, the CINEMOOD Trendsetters Co. will no longer process the personal data for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the CINEMOOD Trendsetters Co. for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the CINEMOOD Trendsetters Co.. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the CINEMOOD Trendsetters Co. shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the CINEMOOD Trendsetters Co.

  • i) Right to withdraw data protection consent

Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

If the data subject wishes to exercise the right to withdraw consent, he or she may, at any time, contact any employee of the CINEMOOD Trendsetters Co.

  1. Data protection provisions about the application and use of Facebook
    On this website, the controller has integrated components of the enterprise Facebook. Facebook is a social networking platform.

A social network is a place for social meetings on the Internet, (within an online community) which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network with members of this community through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the "Like" button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives, through the Facebook component, information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.

  1. Data protection provisions about the application and use of functions of the Amazon Partner program

On this website, the controller has integrated Amazon components as a participant in the Amazon partner program. The Amazon components were created by Amazon with the aim to mediate customers through advertisements on various websites of the Amazon group, in particular Amazon.co.uk, Local.Amazon.co.uk, Amazon.de, BuyVIP.com, Amazon.fr, Amazon.it and Amazon.es in return for the payment of a commission. By using the Amazon components, the controller may generate advertising revenue.

The operating company of this Amazon component is Amazon EU S.à.r.l, 5 Rue Plaetis, L-2338 Luxembourg, Luxembourg.

Amazon sets a cookie for the information technology system of the data subject. The definition of cookies is explained above. With each single call-up to one of the individual pages of this Internet website, which is operated by the controller and in which an Amazon component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data for the purpose of online advertising and the settlement of commissions to Amazon through the respective Amazon component. During the course of this technical procedure, Amazon receives personal information that is used to trace the origin of orders from Amazon, and as a result, to allow the accounting of a commission. Among other things, Amazon may understand that the data subject has clicked on an affiliate link on our website.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used, and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser would also prevent Amazon from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Amazon may be deleted at any time via a web browser or other software programs.

Further information and the actual data protection provisions of Amazon may be retrieved under https://www.amazon.de/gp/help/customer/display.html?nodeId=3312401&language=en_GB.

  1. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application "_gat. _anonymizeIp". By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymized when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to other third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

  1. Data protection provisions about the application and use of Google Remarketing
    On this website, the controller has integrated Google Remarketing services. Google Remarketing is a feature of Google AdWords, which allows an enterprise to display advertising to Internet users who have previously resided on the enterprise's Internet site. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows relevant advertisements to interested Internet users.

The operating company of the Google Remarketing services is the Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of Google Remarketing is the inclusion of interest-relevant advertising. Google Remarketing allows us to display ads on the Google network or on other websites, which are based on individual needs and matched to the interests of Internet users.

Google Remarketing sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google enables a recognition of the visitor of our website if they call up consecutive web pages, which are also members of the Google advertising network. With each call-up to an Internet site on which the service has been integrated by Google Remarketing, the web browser of the data subject identifies automatically with Google. During the course of this technical procedure, Google receives personal information, such as the IP address or the surfing behavior of the user, which Google uses, inter alia, for the inclusion of interest relevant advertising.

The cookie is used to store personal information, e.g. the Internet pages visited by the data subject. Each time we visit Internet pages, personal data, including the IP address used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through technical procedure to third parties.

The data subject may, as previously stated, prevent the setting of cookies through our website at any time by means of adjustment to the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to the interest-based advertising by Google. For this purpose, the data subject must call up the link to www.google.de/settings/ads and make the desired settings on each Internet browser used by the data subject.

Further information and the actual data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

  1. Data protection provisions about the application and use of Google+

On this website, the controller has integrated the Google+ button as a component. Google+ is a social networking community. A social network is a social meeting place on the Internet, an online community, which usually allows users to communicate with each other and interact within a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or it may enable the Internet community to provide personal or business-related information. Google+ allows users of the social network to include the creation of private profiles, upload photos, and network within the online community through friend requests.

The operating company of Google+ is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this website, which is operated by the controller and on which a Google+ button has been integrated, the Internet browser on the information technology system of the data subject automatically downloads a display of the corresponding Google+ button of Google through the respective Google+ button component. During the course of this technical procedure, Google is made aware of what specific sub-page of our website was visited by the data subject. More detailed information about Google+ is available under https://developers.google.com/+/.

If the data subject is logged in at the same time to Google+, Google recognizes with each call-up to our website by the data subject and for the entire duration of his or her stay on our Internet site, which specific sub-pages of our Internet page were visited by the data subject. This information is collected through the Google+ button and Google matches this with the respective Google+ account associated with the data subject.

If the data subject clicks on the Google+ button integrated on our website and thus gives a Google+ 1 recommendation, then Google assigns this information to the personal Google+ user account of the data subject and stores the personal data. Google stores the Google+ 1 recommendation of the data subject, making it publicly available in accordance with the terms and conditions accepted by the data subject in this regard. Subsequently, a Google+ 1 recommendation given by the data subject on this website together with other personal data, such as the Google+ account name used by the data subject and the stored photo, is stored and processed on other Google services, such as search-engine results of the Google search engine, the Google account of the data subject or in other places, e.g. on Internet pages, or in relation to advertisements. Google is also able to link the visit to this website with other personal data stored on Google. Google further records this personal information with the purpose of improving or optimizing various services Google offers.

Through the Google+ button, Google receives information that the data subject visited our website, if the data subject at the time of the call-up to our website is logged in to Google+. This occurs regardless of whether the data subject clicks or doesn’t click on the Google+ button.

If the data subject does not wish to transmit personal data to Google, he or she may prevent such transmission by logging out of his Google+ account before calling up our website.

Further information and the data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/. More references from Google about the Google+ 1 button may be obtained under https://developers.google.com/+/web/buttons-policy.

  1. Data protection provisions about the application and use of Google-AdWords

On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, considering the previously defined keywords.

The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, conversion cookies are used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through conversion cookies, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.

The data and information collected through the use of conversion cookies are used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

Conversion cookie store personal information, e.g. various Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of changing the Internet browser setting and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.

The data subject has the option to object to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

  1. Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.

With each call-up to one of the individual pages of this website, which is operated by the controller and on which an Instagram component (Insta button) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our website was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in to their Instagram account at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a calling-up our website.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

  1. Data protection provisions about the application and use of Pinterest
    On this website, the controller has integrated components of Pinterest Inc. Pinterest is a social network. A social network is an Internet social meeting place, an online community that allows users to communicate and interact with each other within a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or it may allow the Internet community to provide personal or company-related information. Pinterest enables the users of the social network to publish, inter alia, picture collections and individual pictures as well as save various media descriptions on virtual boards (pins), which can then be shared by other user's (re-pins) or they may be commented on.

The operating company of Pinterest is Pinterest Inc., 808 Brannan Street, San Francisco, CA 94103, UNITED STATES.

The individual pages are operated by the controller and on which a Pinterest component (Pinterest plug-in) has also been integrated. With each call-up to one of the individual pages of this website, the Internet browser on the information technology system of the data subject is automatically prompted to download through the Pinterest plug-in a display of the corresponding Pinterest component. Further information on Pinterest is available under https://pinterest.com/. During the course of this technical procedure, Pinterest gains knowledge of what specific sub-page of our website is visited by the data subject.

If the data subject is logged in at the same time on Pinterest, Pinterest detects every call-up to our website by the data subject—as well as the entire duration of their stay on our Internet site—which specific sub-page of our website was visited by the data subject. This information is collected through the Pinterest component and associated with the respective Pinterest account of the data subject. If the data subject clicks on one of the Pinterest buttons, integrated on our website, then Pinterest assigns this information to the personal Pinterest user account of the data subject and stores the personal data.

Pinterest receives information via the Pinterest component that the data subject has visited our website, provided that the data subject is logged in at Pinterest at the time of the call-up to our website. This will occur regardless of whether the person clicks on the Pinterest component or not. If such a transmission of information to Pinterest is not desirable for the data subject, then he or she may prevent this by logging off from their Pinterest account before visiting our website.

The data protection guideline published by Pinterest, which is available under https://about.pinterest.com/privacy-policy, also provides information on the collection, processing and use of personal data by Pinterest.

  1. Data protection provisions about the application and use of YouTube

On this website, the controller has integrated components of YouTube. YouTube is an Internet video portal that enables video publishers to set video clips to other users free of charge, which also provides free viewing, review and commenting on them. YouTube allows you to publish all kinds of videos, so you can access both full movies and TV broadcasts, as well as music videos, trailers, and videos made by users.

The operating company of YouTube is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, UNITED STATES. The YouTube, LLC is a subsidiary of Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a YouTube component (YouTube video) has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding YouTube component. Further information about YouTube may be obtained under https://www.youtube.com/yt/about/en/. During the course of this technical procedure, YouTube and Google gain knowledge of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in on YouTube, YouTube recognizes with each call-up to a sub-page that contains a YouTube video, which specific sub-page of our Internet site was visited by the data subject. This information is collected by YouTube and Google and assigned to the respective YouTube account of the data subject.

YouTube and Google will receive information through the YouTube component that the data subject has visited our website, if the data subject at the time of the call to our website is logged in on YouTube; this will occur regardless of whether the person clicks on a YouTube video or not. If such a transmission of this information to YouTube and Google is not desirable for the data subject, the delivery may be prevented if the data subject logs off from their own YouTube account before visiting our website.

YouTube's data protection provisions, available at https://www.google.com/intl/en/policies/privacy/, provide information about the collection, processing and use of personal data by YouTube and Google.

  1. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

  1. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and shareholders.

  1. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

  1. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would result in the contract with the data subject not being concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

  1. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

 

 

IMPORTANT: BY USING YOUR CINEMOOD (“CINEMOOD DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:

  • CINEMOOD SOFTWARE LICENSE AGREEMENT
  • NOTICES FROM CINEMOOD
  • CINEMOOD SOFTWARE
  • LICENSE AGREEMENT Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR CINEMOOD DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR CINEMOOD DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE CINEMOOD DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.

IF YOU HAVE RECENTLY PURCHASED AN CINEMOOD DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE CINEMOOD DEVICE WITHIN THE RETURN PERIOD TO THE CINEMOOD STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO CINEMOOD’S RETURN POLICY FOUND AT http://CINEMOOD.com/legal_sales_policies/.

All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

  1. General.

The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your CINEMOOD Device (“Original CINEMOOD Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by CINEMOOD (“CINEMOOD Software Updates”), whether in read only memory, on any other media or in any other form (the Original CINEMOOD Software and CINEMOOD Software Updates are collectively referred to as the “CINEMOOD Software”) are licensed, not sold, to you by CINEMOOD TRENDSETTERS Co. (“CINEMOOD”) for use only under the terms of this License. CINEMOOD and its licensors retain ownership of the CINEMOOD Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any CINEMOOD-branded app that may be pre-installed on your CINEMOOD Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.

CINEMOOD, at its discretion, may make available future CINEMOOD Software Updates for your CINEMOOD Device. The CINEMOOD Software Updates, if any, may not necessarily include all existing software features or new features that CINEMOOD releases for newer or other models of CINEMOOD Devices. The terms of this License will govern any CINEMOOD Software Updates provided by CINEMOOD that replace or supplement the Original CINEMOOD Software product, unless such CINEMOOD Software Update is accompanied by a separate license in which case the terms of that license will govern.

  1. Permitted License Uses and Restrictions.

(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the CINEMOOD Software on a single CINEMOOD-branded CINEMOOD Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and CINEMOOD, this License does not allow the CINEMOOD Software to exist on more than one CINEMOOD-branded CINEMOOD Device at a time, and you may not distribute or make the CINEMOOD Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use CINEMOOD proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with CINEMOOD Devices. For more information on developing software applications for CINEMOOD Devices, please visit  https://blog.dev.cinemood.com/en/

Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download CINEMOOD Software Updates that may be made available by CINEMOOD for your model of the CINEMOOD Device to update or restore the software on any such CINEMOOD Device that you own or control. This License does not allow you to update or restore any CINEMOOD Device that you do not control or own, and you may not distribute or make the CINEMOOD Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time.

To the extent that CINEMOOD has preinstalled apps on your CINEMOOD Device at the time of purchase (“Preinstalled Apps”), you will need to log into the CINEMOOD account and associate these Preinstalled Apps with your CINEMOOD account in order to use them on your CINEMOOD Device. When you associate a Preinstalled App with your CINEMOOD account, you will at the same time be automatically associating all other Preinstalled Apps on your CINEMOOD Device. By choosing to associate the Preinstalled Apps with your CINEMOOD account, you agree that CINEMOOD may transmit, collect, maintain, process and use both the CINEMOOD ID used by your CINEMOOD account and a unique hardware identifier collected from your CINEMOOD Device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Preinstalled Apps through the CINEMOOD account. If you do not wish to use a Preinstalled App, you can delete it from your CINEMOOD Device at any time.

You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the CINEMOOD Software or any services provided by the CINEMOOD Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the CINEMOOD Software).

The CINEMOOD Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your CINEMOOD Device belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

You agree to use the CINEMOOD Software and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the CINEMOOD Software and Services. Features of the CINEMOOD Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi data connection is required for some features of the CINEMOOD Software and Services.

You acknowledge that many features, built-in apps, and Services of the CINEMOOD Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges.

If you choose to allow automatic app updates, your CINEMOOD Device will periodically check with CINEMOOD for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device. You can turn off the automatic app updates altogether at any time by going to Settings, tap iTunes & App Store, and under Automatic Downloads, turn off Updates.

Using your CINEMOOD Device in some circumstances can distract you and may cause a dangerous situation (for example, avoid typing a text message while driving a car or using headphones while riding a bicycle). By using your CINEMOOD Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use hands-free options for making calls when driving).

  1. Transfer.

You may not rent, lease, lend, sell, redistribute, or sublicense the CINEMOOD Software. You may, however, make a one-time permanent transfer of all of your license rights to the CINEMOOD Software to another party in connection with the transfer of ownership of your CINEMOOD Device, provided that: (a) the transfer must include your CINEMOOD Device and all of the CINEMOOD Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the CINEMOOD Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the CINEMOOD Software reads and agrees to accept the terms and conditions of this License.

  1. Consent to Use of Data.

Your information will always be processed in accordance with the CINEMOOD Privacy Policy.

Hereby, for the purpose of concluding a contract for the sale and purchase of CINEMOOD TRENDSETTERS Co. products and / or a contract for the provision of services (delivery), ensuring the possibility of participating in loyalty programs (campaigns) of the company, sending responses to complaints and appeals. The user of the CINEMOOD device gives his consent to CINEMOOD TRENDSETTERS Co. for automated, and without the use of automation facilities that do not contradict the legislation of R actions regarding the personal data of users of the CINEMOOD device, including but not limited to: collection, recording, systematization, accumulation, storage, updating (updating, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion , destruction) that relate exclusively to the listed categories of personal data of users of the CINEMOOD device: surname, first name, patronymic, registration address, residential address, data on the main identity document ( eriya, number, date of issue, name of the authority issuing the document), email and phone number. The user of the CINEMOOD device is hereby informed and agrees to the CINEMOOD TRENDSETTERS Co. to process the personal data provided in accordance with the current legislation of the Russian Federation. CINEMOOD TRENDSETTERS Co.  is not responsible for the accuracy and accuracy of the data provided by the users of the CINEMOOD device. This consent comes into force from the moment of acceptance of the Offer and these rules and can be revoked by the User of the CINEMOOD device at any time by sending an appropriate request to the email address support@cinemood.com

  1. Services and Third Party Materials.

The CINEMOOD Software may enable access to CINEMOOD and third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an CINEMOOD ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an CINEMOOD ID, or other CINEMOOD Service, you agree to the applicable terms of service for that Service Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that CINEMOOD is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. CINEMOOD, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

Neither CINEMOOD nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.

To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by CINEMOOD, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for the permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or CINEMOOD. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that CINEMOOD is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the CINEMOOD Device are not available in all languages or in all countries or regions. CINEMOOD makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your CINEMOOD Device may cause metadata, including photo location data, to be transmitted with the photos. CINEMOOD and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will CINEMOOD be liable for the removal of or disabling of access to any such Services. CINEMOOD may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.

  1. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from CINEMOOD if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the CINEMOOD Software. This License shall survive any such termination.

  1. Disclaimer of Warranties.

If you are a customer who is a consumer (someone who uses the CINEMOOD Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CINEMOOD SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE CINEMOOD SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CINEMOOD SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CINEMOOD AND CINEMOOD’S LICENSORS (COLLECTIVELY REFERRED TO AS “CINEMOOD” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CINEMOOD SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

CINEMOOD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CINEMOOD SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE CINEMOOD SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CINEMOOD SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE CINEMOOD SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE CINEMOOD SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY CINEMOOD PRODUCTS AND SERVICES.

YOU FURTHER ACKNOWLEDGE THAT THE CINEMOOD SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CINEMOOD SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CINEMOOD OR AN CINEMOOD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CINEMOOD SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CINEMOOD, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CINEMOOD SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE CINEMOOD SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CINEMOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

In no event shall CINEMOOD’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree that you will not use the CINEMOOD Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

  1. Government End Users.

The CINEMOOD Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  1. Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

  1. Complete Agreement; Governing Language

This License constitutes the entire agreement between you and CINEMOOD relating to the CINEMOOD Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by CINEMOOD. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.

  1. Third Party Acknowledgements.

Portions of the CINEMOOD Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the CINEMOOD Software, and your use of such material is governed by their respective terms.

  1. Use of MPEG-4; H.264/AVC Notice.

The CINEMOOD Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://mpegla.com for additional details.

The CINEMOOD Software contains MPEG-4 video encoding and/or decoding functionality. The CINEMOOD Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://mpegla.com.

The CINEMOOD Software contains AVC encoding and/or decoding functionality, commercial use of H.264/ AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE CINEMOOD SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://MPEGLA.COM.

  1. LICENSE

(a) The CINEMOOD Device is licensed to You, not sold. You are licensed to use the CINEMOOD Device only as pre-installed in Your CINEMOOD Software or Authorized Accessory, and updated by CINEMOOD Trendsetters, co. from time to time. You may not copy or reverse engineer the CINEMOOD Device or it’s software.

(b) As conditions to this CINEMOOD Trendsetters, co. license, You agree that:

(i) YOU WILL NOT USE UNAUTHORIZED ACCESSORIES OR UNAUTHORIZED MEDIA. IF YOU DO, THE CINEMOOD DEVICE MAY NOT WORK OR MAY STOP WORKING PERMANENTLY AFTER A CINEMOOD SOFTWARE UPDATE.

(ii) YOU WILL NOT USE OR INSTALL ANY UNAUTHORIZED SOFTWARE. IF YOU DO, THE CINEMOOD DEVICE OR AUTHORIZED ACCESSORY MAY STOP WORKING PERMANENTLY AT THAT TIME OR AFTER ANY FURTHER CINEMOOD SOFTWARE UPDATES.

(iii) YOU WILL NOT ATTEMPT TO DEFEAT OR CIRCUMVENT ANY CINEMOOD DEVICE OR AUTHORIZED ACCESSORY TECHNICAL LIMITATION, SECURITY OR ANTI-PIRACY SYSTEM. IF YOU DO, YOUR CINEMOOD DEVICE MAY STOP WORKING PERMANENTLY AT THAT TIME OR AFTER A LATER CINEMOOD SOFTWARE UPDATE.

(iv) CINEMOOD TRENDSETTERS, CO. MAY USE TECHNICAL MEASURES, INCLUDING CINEMOOD SOFTWARE UPDATES, TO PREVENT USE OF UNAUTHORIZED ACCESSORIES AND UNAUTHORIZED MEDIA OR CONTENT, AND TO PROTECT THE TECHNICAL LIMITATIONS, SECURITY, AND ANTI-PIRACY SYSTEMS IN THE CINEMOOD DEVICE OR AUTHORIZED ACCESSORY

(v) CINEMOOD TRENDSETTERS, CO. MAY UPDATE THE CINEMOOD SOFTWARE FROM TIME TO TIME WITHOUT FURTHER NOTICE TO YOU, FOR EXAMPLE, TO UPDATE ANY TECHNICAL LIMITATION, SECURITY, OR ANTI-PIRACY SYSTEM.

  1. Warranty.

The CINEMOOD Software is covered by the warranty for Your CINEMOOD Device or Authorized Accessory, and CINEMOOD, co. gives no other guarantee, warranty, or condition for the CINEMOOD Software. No one else may give any guarantee, warranty, or condition on CINEMOOD Trendsetters, co.’s behalf.

  1. EXCLUSION OF CERTAIN DAMAGES

CINEMOOD Trendsetters, CO. IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE THE CINEMOOD SOFTWARE. THESE EXCLUSIONS APPLY EVEN IF CINEMOOD, CO. HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You.

These terms apply to the maximum extent permitted by law and unless prohibited by law. These terms do not change your rights under the laws of your country if those laws do not permit that change.

 

  1. How to send a notice of copyright infringement

In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

Please provide us with the following information and send an email to content@cinemood.com:

-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

-A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site or Services;

-Your address, telephone number, and email address;

-A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

 

NOTICES FROM CINEMOOD

If CINEMOOD needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.