We try our best not to sound like a lawyer

Terms of Use

1. Introduction / Description of Services / Registration

Welcome to the world of cinnac!

We (bavarit GmbH, Münchener Straße 14, 85540 München-Haar, hereinafter also referred to as “bavarit,” “we,” “cinnac”) provide you with a platform for rating images within a set of multiple images in order to rank the images in order together with other users. You can choose to have either the entire community or only your friends vote on images. Find out what works best for you. Regardless of whether you’re debating a new pair of shoes, still having trouble deciding on a new profile picture, looking to put vacation pictures to the vote or interested in highly diverse feedback on your product mix.

Registration is required to use our platform; i.e. to be able to upload images in sets as well as to rate the image sets of others.

As part of the registration process, you will be asked to accept the present Terms of Use, acknowledge our Privacy Policy, and confirm your agreement with both.

1.1 Registration

After having installed the cinnac app, you are given several registration options.

You can either register directly through us or you can use an existing social network account. At the present time, registration is possible using your Facebook account and we are working on adding additional log-in options.

To register with cinnac using Facebook Connect, select “Log in with Facebook” after starting the cinnac app. If you are on your smartphone and already logged into Facebook, a dialog box will open and you will be asked if you would like to continue using your currently logged-in Facebook account. At this point, you can also review what information Facebook provides us when you register.

If you register directly through cinnac, we will send a verification code to your phone.

To complete the registration process, you will have to select a user name and indicate your gender as well as your year of birth. Give serious thought to your user name because you won’t be able to change it later on.

Your registration becomes effective once we activate your account.

1.2 Your profile, friends and community

All the information you provide us in the context of registration and other communications must be complete and correct.

Your account only applies to you personally; i.e. you may not transfer your account to someone else or allow someone else to use it in your name.

You can add further information to your profile including a profile picture and specific details (city, occupation, nationality, etc.). The more complete your profile is, the more likely other users will follow or friend you as cinnac also enables you to network with other users. You can follow other users to always stay on top of new sets and you can also friend other users by sending a friend request for the other user to accept or by accepting the friend requests of others.

Registering using Facebook makes it especially easy to connect with your Facebook friends who are already using cinnac.

1.3 Minimum age / Use by minors

You must be at least 16 years old to use cinnac. By registering, you are confirming that you are at least 16 years old.

2. Using cinnac

When you use the cinnac app, there are certain rules you need to follow. These rules are important to our being able to offer you a functioning platform for rating a wide variety of image sets without infringing the rights or hurting the feelings of others.

Essentially, you can either create and upload your own sets to cinnac, compare and rank image sets of others, or report individual images to us if you believe they violate our Terms of Use.

When you upload photographs to cinnac and/or write textual descriptions of your sets (“content”), you guarantee that your content does not violate our Terms of Use and/or existing laws and that you have the right to use / upload them on the cinnac platform. You always maintain control of your own content and can decide at any time to remove any uploaded content.

2.1 Creating sets

To create your own set, click on the lower (+) symbol on the home screen. In the next step, you can enter a name for the set, add suitable tags and then a description of the set. For example, you can enter criteria governing how the images are to be compared and rated.

In the next step, you can select a cover image and up to 20 further images for the set and then directly edit (crop or apply a filter) and upload them.

There are a number of ways you can select images. You can select them from your phone’s photo gallery or take a new picture with your camera.

Lastly, you can also decide whether to share your set with the entire cinnac community or only with selected friends, fully view and check your created set and, if everything is to your liking, upload your set.

Please note:

You are wholly responsible for the content of the images and text you post. In particular, you are liable to third parties against all claims involving any infringement of third-party rights by your posted content.

This also means that you are responsible for compensating bavarit for any damages resulting from a wrongful infringement of rights. Moreover, bavarit may claim exemption from you against third-party claims lodged against bavarit for infringement of their rights.

We reserve the right to delete content from a set at any time at our own and full discretion should we suspect that the content violates the present regulations. We likewise reserve the right under the present conditions to take the respective set offline entirely.

In the case of serious or repeated violations of our regulations, we also reserve the right to block a user’s account.

2.2 Comparing and rating images in sets

The home screen gives you access to different sets. Some will display automatically although you can always search for specific sets.

Two or three images of a set will always be displayed as a random selection from among all the images in the set. You must then decide between the respectively displayed images by either swiping an image to the left in order to deselect it, rating it “poorer” respectively, or swiping it to the right in order to select it or rate it “better” respectively.

When making your selection, please note whether the set’s creator specified any criteria according to which the set is to be rated.

When you‘ve classified all the images of a set, your top-rated image will again be shown and you can rate whether you liked the set as a whole.

Clicking on an individual image will give you an enlarged view you can download. Please note that the images may be under copyright protection and you might not be permitted to use the images freely.

You can also report an image to us from the enlarged view.

2.3 Reporting and deleting prohibited content

We cannot nor are we required to check the content you and other users upload for potential legal violations.

Should you come across content on cinnac which in your opinion violates the copyright, personal or other rights of third parties, contains pornographic or violent content, or violates our Terms of Use, you can report such content at any time through the app. We have set up a reporting/flagging system for you to inform us of any image which in your view contains inappropriate or illegal content, violates the rights of third parties or which you feel we should review for some other reason.

Please bear in mind that only in very few cases do the users of our platform intentionally violate the rights of others. Should you be the owner of a right that you feel has been infringed by an image or text of another user, you are obligated to use the options we’ve put into place to prevent potential legal violation before initiating legal, in particular judicial, action. Doing so usually achieves your goal more quickly and easily and thereby does not cause any additional legal problems for the other user who, in all probability, only inadvertently violated your right.

We will review your report, contact you if we have any questions, and promptly delete prohibited content. We reserve the right to temporarily block any content reported to us as prohibited until we have completed our review as well as delete content at our own discretion.

Your use of the reporting/flagging system is limited to the described purpose. In some cases, of course, your perception of reported content may not always concur with our review. However, should we determine that you repeatedly report the images of others without our being able to identify any violation of our conditions, we reserve the right to take appropriate measures and even block your own account should we deem it necessary.

3. General information

Part of the following regulations are worded in somewhat “legal” terms, something which is unfortunately unavoidable. Should any part not be completely clear to you, please feel free to contact us at support@cinnac.com.

3.1 Granting of rights

By uploading content, you grant us the necessary non-exclusive, worldwide rights to use said content for an unlimited period of time solely for the purpose of providing the respective service in the cinnac app and solely to the extent necessary to do so.

To put it simply, we only use your content for the purpose for which you uploaded it; i.e. showing other users images and text in sets. Since we no longer display sets once you’ve deleted them, we also no longer make use of your content once you’ve deleted it.

3.2 Liability

bavarit is not liable for damages resulting from use of the cinnac app, particularly any damage to software or hardware or other property damages.

We furthermore do not guarantee the uninterrupted accessibility of cinnac. Should it be necessary for technical, legal or practical reasons, we reserve the right to temporarily or permanently cease operation of the cinnac platform. Users likewise cannot derive any claims against bavarit from such action.

Irrespective of the above, we are however fully liable for damages (a) due to loss of life, bodily injury or damage to health attributable to breach of duty by us or one of our legal representatives or agents, (b) due to the absence of one of our guaranteed conditions, or (c) caused deliberately or due to gross negligence on our part or on the part of one of our legal representatives or agents. In cases of property or pecuniary damages attributable to slight negligence, we are only liable upon breach of a material contractual obligation and only up to the amount of damage foreseeable at the time of contract conclusion. Material contractual obligations are those which make duly proper contract fulfillment initially possible and the observance of which the contractual partners regularly rely upon and may be reasonably expected to rely upon. Any and all further liability for damages is excluded. Liability under the Product Liability Law remains unaffected.

3.3 Data charges and cell phones

All cell phone charges incurred in using our services are your own responsibility. This particularly applies to any data charges incurred. If you are unsure of the rate at which these charges may be billed, you should inquire with your provider before using the services.

4. Final provisions / Applicable law

The present Terms of Use are governed by German law. Application of the UN Convention on the International Sale of Goods (CISG) is hereby excluded. In addition to German law, all binding consumer protection regulations in effect in an EU member state in which a user ordinarily resides are applicable should said regulations grant broader protection to the user.

Place of fulfillment for the granting of rights is our company headquarters. If you use cinnac in the course of commercial activities, our company headquarters is also the exclusive place of jurisdiction.

Alternative dispute resolution (B2C)

The European Commission has created an internet platform (OS platform) for the online resolving of disputes related to contractual obligations from online contracts. We are not obligated and not prepared to participate in dispute resolution procedures before a consumer arbitration board. If you’d like more information on this topic, you can visit the OS platform at: http://ec.europa.eu/consumers/odr/.

These Terms of Use were written in German. Should there be a discrepancy in content between the German version and a translation, the German version is decisive. In the event of discrepancy between the present Terms of Use and additional agreements, the additional agreements will have priority.

Should any provision of the present Terms of Use prove in full or in part to be invalid, ineffective or unenforceable, the validity and enforceability of the remaining provisions remain unaffected.

If you have questions about our Terms of Use, please feel free to contact us at support@cinnac.com.