Terms and Conditions

14 min read

The Gist

We at Cinnabar work to provide first class Mercurial hosting and project management solutions. We hope you love our products and services as much as we enjoy creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and contact us if you have any questions.

Terms of Service

These Terms govern your access to and use of Cinnabar.dev as well as all content, products and services available at or through this website (collectively, “Services”). These Terms also govern visitors’ access to and use of any workspaces, projects, or other content hosted on our Services that are managed by our users. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cinnabar’s Privacy Policy), and procedures that may be published from time to time by Cinnabar (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Cinnabar Services Pty Ltd, whom we refer to as “Cinnabar” or “we” throughout these Terms.

2. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a Cinnabar account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry - if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

3. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

4. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

  • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement section to submit copyright complaints), or other proprietary rights of third parties.
  • If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
  • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
  • Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Cinnabar, or our other Services. For example:

  • We do not have any control over those websites and are not responsible for their contents or their use.
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • We disclaim any responsibility for any harm resulting from non-Cinnabar websites.

5. Fees, Payment, and Renewal

Fees for Paid Services. Our Services are offered for a fee (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Our Services are purchased on a subscription basis. Recurring subscription fees will be charged in regular automatically-renewing intervals (such as monthly, or annually), on a pre-pay basis until you cancel, which you can do at any time by contacting us.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase an annual subscription, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date for Cinnabar Paid Services by visiting your account page.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services by visiting your account page.

Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

Refunds. While you may cancel a Paid Service at any time, refunds are issued at our sole discretion, unless otherwise required by applicable law.

6. General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from Australia or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of any third party;
  • Will not overburden Cinnabar systems, as determined by us at our sole discretion;
  • Will not disclose sensitive personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network; and
  • Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

7. Cinnabar Service Terms

Cinnabar provides Mercurial hosting and other software development services. We would love for you to use it. Our service is designed to give you as much control and ownership over your projects as possible. You own all content you post to our Services. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website. If you find a Cinnabar project that you believe violates these Terms, please contact us.

By submitting content for inclusion in a workspace or project hosted by Cinnabar, you agree to the terms and conditions of use of the workspaces or projects to which you have submitted content.

Where the terms and conditions of a workspace or project conflict with these Terms, these Terms supersede the terms and conditions of the workspace or project.

Individual contributors, subscribers, or projects retain all rights in their submitted content as determined by the terms and conditions of the projects. However, a license is granted to Cinnabar to make and retain copies of the content and distribute the content as necessary for the provision of the Services e.g. replicating content between servers to ensure continuity of service; taking backups.

In addition, you agree that Cinnabar may access any and all uploaded content for the purposes of ensuring compliance with these Terms, and providing the Services.

Where you submit Content directly to Cinnabar, you agree to grant Cinnabar a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of providing and improving the Services.

8. Copyright Infringement

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Cinnabar product or service violates your copyright, please notify us. We will respond to all such notifications, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cinnabar or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

9. Intellectual Property

The Agreement does not transfer from Cinnabar to you any Cinnabar or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cinnabar. Cinnabar, Cinnabar.dev, the Cinnabar logo, and all other trademarks, service marks, graphics, and logos used in connection with Cinnabar or our Services, are trademarks or registered trademarks of Cinnabar or Cinnabar’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cinnabar or third party trademarks.

10. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Cinnabar, or by the posting by Cinnabar of a revised version. If we make changes that are significant, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time, after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

11. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username, workspaces', or projects' URLs due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Cinnabar policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your projects use, or terminate your Services, if we believe your projects’ storage or bandwidth usage is out of hand and/or burdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Cinnabar account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimer of Warranties

Our Services are provided “as is.” Cinnabar and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cinnabar, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

13. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of NSW, Australia. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Sydney, NSW, Australia.

14. Limitation of Liability

In no event will Cinnabar, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Cinnabar under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Cinnabar shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. Indemnification

You agree to indemnify and hold harmless Cinnabar, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

16. Miscellaneous

The Agreement constitutes the entire agreement between Cinnabar and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cinnabar may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Credits

These terms and conditions are adapted from those generously shared by Automattic. These terms and conditions are published under a Creative Commons Sharealike license.

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