Terms of Use
Last Updated: May 1, 2022
You must read these Terms of Use (“Terms”) carefully before using the Infinite Creator website or any of Infinite Creator’s products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through, directly or indirectly, by Infinite Creator. Hereinafter, Infinite Creator’s website, products, software, applications, data, imagery, models, functionality, and other services directly and indirectly related thereto shall be referred to collectively as the “Service.” Using the Service indicates that you accept these Terms and any policies and guidelines of Infinite Creator incorporated herein by reference. If you do not accept these Terms, such policies, and such guidelines, each in their entirety, you may not use the Service.
1. General
The Service is owned and operated by Infinite Creator LLC (“Infinite Creator,” “we,” “our” and “us”). Infinite Creator reserves the right to revise any of these Terms, in our sole discretion, at any time, and without prior notice to you by updating this posting, such changes being effective prospectively. Thus, you should visit this page periodically for changes. If you disagree with any changes to any of these Terms, your sole remedy is to discontinue your use of the Service. Your continued use of the Service after a change has been posted constitutes your acceptance of the change thereafter. In using the Service, you constitute a “User” as it relates to the provisions herein. User should also be treated synonymously with “you,” “yourself,” yours,” and other similar phrasings when read herein. The Service may allow you and other Users to upload, post, and share: (a) images, audio and video (“Media”); and (b) textual contact information, property details, and other information related to property listings (“Property Data”), including in a manner such that it may be viewed by other Users of the Service. Herein, Media and Property Data are referred to collectively as “Uploaded Content.”
2. User Prohibitions
In using the Service, you must not: • Send, post, upload or otherwise transmit to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable – at Infinite Creator’s sole discretion; • Misrepresent your identity or affiliation in any way; • Collect information about others; • Distribute spam or other similar “junk-mail-styled” advertisements; • Interfere with the operation of or damage the Service; • Violate any applicable laws or regulations; or • Assist or permit any persons in engaging in any of the activities described above. Should Infinite Creator find that any User has engaged in any of the above-described activities, we fully reserve the right revoke or otherwise cancel such User’s use of the Service, all existing licenses for usage of products, and further reserve the right to pursue all remedies available at law or in equity against such User.
3. User-Submitted Information
You must exercise caution, good sense and sound judgment in using the Service. You are solely responsible for any material you transmit to or through the Service (or to us through email). You agree, represent and warrant that any information you transmit to or through the Service (or to us through email) is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Infinite Creator has the right, but not the obligation, to monitor all conduct on, and content submitted to, the Service. Certain information collected from you on the Service is subject to Infinite Creator’s privacy policy. This policy may be located on Infinite Creator’s website. You understand that, except as otherwise provided within the Privacy Policy, and Section 15 and Section 17 regarding Confidentiality within these Terms of Use, material that You submit through the Service shall be deemed non-confidential and as such, any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary. For any such material that you submit, you represent and warrant that: (a) you have the right to submit the material to Infinite Creator; (b) Infinite Creator will not need to obtain ownership from any third party, licenses from any third party, or pay royalties to any third party; (c) the material does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the material complies with these Terms and all applicable laws.
4. Unsolicited Ideas
Infinite Creator does not accept or consider unsolicited ideas, concepts or know-how, including ideas for new products or technologies (collectively “Submissions”). Except as otherwise provided within the Privacy Policy, and Section 15 and Section 17 regarding Confidentiality within these Terms of Use, material that You submit through the Service shall be deemed non-confidential and any Submissions that you transmit to or through the Service will be considered non-confidential and non-proprietary. Except as expressly provided in Infinite Creator’s privacy policy, and Section 15 and Section 17 regarding Confidentiality within these Terms of Use, you give Infinite Creator an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such Submissions, without any payment or accounting to you or others. In addition, you waive any so-called “moral rights” in any Submissions.
5. Ownership and Use of the Service
The materials made available on or through the Service are protected by copyright and other intellectual property rights or are licensed by Infinite Creator for Infinite Creator’s specific usage in connection with the Service, including all images, digital content, models, and videos. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited. Infinite Creator and its licensors own all right, title and interest (including all associated intellectual property rights, in each case whether registered or unregistered, and related goodwill) in and to the Service. Infinite Creator and its licensors reserve all rights in and to the Service not expressly granted to you in these Terms. Further, you understand the provision of Uploaded Data to Infinite Creator, in accordance with the usage of the Service irrevocably grants all ownership rights to the Uploaded Data. In addition, you waive any so-called “moral rights” in such material. This irrevocable right to ownership of the Uploaded Data is considered exclusive, royalty-free, and perpetual. Infinite Creator, in using the Service, grants you a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, non-sublicensable, and non-transferable license to use, reproduce, display, transmit, and prepare derivative works of your Uploaded Data, in connection with the Service and your business and personal uses.
6. Trademarks
All trademarks, service marks, logos and trade names on the Service, whether registered or unregistered, including but not limited to “Infinite Creator,” are proprietary to Infinite Creator or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. Infinite Creator is responsible in no manner, shape, or form for obtaining, on behalf of any User for the User’s own purposes, any consent from any third party for usage of trademarks, service marks, logos, or trade names.
7. Links to Other Websites
For your convenience, the Service may contain links to other websites. If you use these links, you will leave the Service. Certain of these linked websites may make use of Infinite Creator’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Infinite Creator. Infinite Creator is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Infinite Creator is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Infinite Creator of the organizations sponsoring such third-party websites or their products or services. Except for any Infinite Creator property or content embedded in any third-party website, these Terms do not apply to any third-party website.
8. Jurisdictional Issues
The Service is controlled and operated by Infinite Creator from its offices within the State of Florida, in the United States of America. Infinite Creator makes no representation that materials available on the Service are appropriate for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such laws are applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited. Software from the Service is further subject to United States export controls. No information or software from the Service may be downloaded or otherwise re-exported or supplied (i) into or to anyone located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of a country or region that is subject to a U.S. government embargo (currently, Belarus, Eritrea, Crimea, Cuba, Iran, North Korea, Syria and Venezuela); or (ii) to anyone on or, directly or indirectly, owned, in whole or part, by any person or persons on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons or any other U.S. government list of parties with respect to which transactions are forbidden or restricted. By using information or software from the Service, you represent and warrant that you are not located in, domiciled in, a resident of, controlled by the government of, or organized under the laws of any country or region or are not on or owned, in whole or part, by any such person or persons on any such list.
9. Termination
Infinite Creator may terminate your use of the Service at any time in our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
10. Disclaimer
THE MATERIALS AND FUNCTIONALITIES AVAILABLE ON THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Infinite Creator DISCLAIMS, ON BEHALF OF ITSELF AND ITS AFFILIATES AND LICENSORS, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Infinite Creator DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Infinite Creator DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR FUNCTIONS ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, RESULTS TO BE ACHIEVED, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Infinite Creator OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF Infinite Creator OR A Infinite Creator AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF Infinite Creator AND ITS AFFILIATES OR LICENSORS TO YOU SHALL NOT EXCEED THE LESSER OF THE TOTAL AMOUNTS PAID BY YOU TO Infinite Creator OVER THE SIX (6) MONTHS PRECEDING YOUR CLAIM(S), OR $500. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. APPLICABLE LAW MAY NOT ALLOW SOME OR ALL OF THIS LIMITATION OF LIABILITY, SO IT MAY NOT APPLY TO YOU.
12. Indemnification
You will indemnify, defend, and hold harmless Infinite Creator, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to Infinite Creator violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases Infinite Creator from all liability with respect to such Claim or unless Infinite Creator consents to such settlement in writing.
13. Site Security
You are prohibited from violating, or attempting to violate, the security of the Service. This includes without limitation that act, procurement, or indirect involvement in conducting a denial-of-service attack or other similarly styled attack. Any such violations may result in criminal and/or civil penalties against you. Infinite Creator will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Infinite Creator further reserves all rights available at law or equity for any and all damages it may suffer as a result of a violation or attempted violation of the security of the Service.
14. Children
While the Service is intended for a general audience, Use of the Service by anyone under the age of eighteen (18) is prohibited. By using the Service, you represent and warrant that you are at least eighteen (18) years of age.
15. Privacy
Personal information about you provided through the Service is governed by Infinite Creator’s privacy policy, accessible through the website of the Service. As further provided in our privacy policy, Infinite Creator and its service providers may collect and use personal information and technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—to facilitate the provision of the Service to you. Through your use of the Service, you consent to the collection and use (as set forth in the privacy policy) of information we and our service providers collect from you, including the transfer of this information within and between the United States and/or other countries for storage, processing, and use by Infinite Creator, its affiliates and service providers, and third parties with which it has strategic relationships. By providing your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages from us relating to our product and services at that number.
16. Policy Regarding Third-Party Copyrights
Infinite Creator respects the intellectual property of others, and we ask our users to do the same. Infinite Creator will promptly remove materials from the Service in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Infinite Creator’s copyright agent with the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Service; (c) your address, telephone number, and email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and (f) your electronic or physical signature. You may submit this information to Infinite Creator‘s copyright agent by email at info@infinitecreator.com or by mail to: 382 NE 191 ST PMB 28592 Miami, FL. 33179-3899 US Attn: Copyright Agent. Infinite Creator may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material. If you believe that your material is not infringing or has otherwise been removed by mistake, please provide Infinite Creator with a written counter-notification containing the following information: (i) your name, address, and telephone number; (ii) a description of the material that was removed and the location on the Service where it previously appeared; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (iv) a statement that you consent to the jurisdiction of the United States District Court for the Southern District of Florida, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and (v) your electronic or physical signature. You may submit this information by the methods described in the prior paragraph. Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed. We will provide a copy of the original DMCA takedown notice upon request. Please note that if you fail to comply promptly with the foregoing requirements or any request from Infinite Creator for additional information, your DMCA notice or counter-notification may not be processed further.
17. Confidentiality
Each Party may have access to information that is confidential to the other Party. As used herein, "Confidential Information" means all confidential and proprietary information of a Party ("Disclosing Party") disclosed to the other Party ("Receiving Party"), whether orally or in writing, that is clearly identified as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential, including but not limited to the Customer’s PII, the Service, business and marketing plans, technology and technical information, product designs, trade secrets and business processes. A Party's Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the other Party; (ii) was in the other Party's lawful possession prior to the disclosure and had not been obtained by the other Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the other Party by a third party without restriction on disclosure; (iv) is independently developed by the other Party without use of or reference to the other Party's Confidential Information. The Parties agree to use all reasonable care to prevent disclosure of the other Party's Confidential Information to any third party. Notwithstanding the foregoing, Customer acknowledges and agrees that Infinite Creator may disclose Customer's Confidential Information to its employees, consultants, Providers and other third-party providers solely to the extent necessary to provide the Service under this Agreement, provided that Infinite Creator has a non-disclosure agreement in place with such third-party provider that protects such Confidential Information against disclosure in a manner no less protective than this Agreement.
18. Destruction of Hosted Data
During the subscription Term or a trial Term, Customer will have the ability to export or retrieve hosted data from the Service at any time. Following Termination, Infinite Creator will have no obligation to maintain or provide hosted data. Unless otherwise specifically stated in the Privacy Policy, Infinite Creator will retain your personal information for the period necessary to fulfill the purposes outlined in the Privacy Policy unless a longer retention period is required or permitted by law. Customers can request through support to delete the personal data at any time. To exercise the access and deletion rights described above, the account owner should submit a verifiable consumer request to us using the information in the ‘Contact us’ section.
19. Other
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any claims or litigation arising under these Terms may be brought solely in state and federal courts located in Miami-Dade County, Florida, and the parties specifically consent to Miami-Dade County, Florida, as the exclusive venue for any such proceeding. IN ANY SUCH ACTION, YOU AND Infinite Creator IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY. Further, THE UNITED NATIONS CONVENTION OF CONTRACTS FOR INTERNATIONAL SALE OF GOODS, UNIFORM COMMERCIAL CODE, AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT SHALL NOT APPLY. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and any policies and guidelines incorporated herein by reference constitute the entire agreement between the parties relating to the subject matter herein (unless you are a beta customer of Infinite Creator, in which case any conflicting terms of your beta customer agreement with Infinite Creator shall control as long as such agreement is in effect). Notwithstanding the foregoing, these Terms do not govern: [HERE WE NEED TO DISCUSS INSTANCES IN WHICH THE TERMS SHOULD NOT APPLY]. You shall not assign these Terms without the prior written consent of Infinite Creator, which consent Infinite Creator shall not withhold unreasonably. Any attempt by you to assign other than in accordance with this provision shall be null and void. Unless otherwise specified herein, all notices, invoices and other communications required or permitted to be given or made hereunder shall be in writing and: (i) if to Infinite Creator, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to 382 NE 191 ST PMB 28592 Miami, FL. 33179-3899 US, Attn: Legal Notices; or (ii) if to you, by email or by posting on the Service. No amendment of any provision of these Terms shall be effective unless made in accordance with Section 1 of these Terms or set forth in a writing signed by a representative of Infinite Creator and you, and then only to the extent specifically set forth therein. No waiver by Infinite Creator of any condition or the breach of any provision of these Terms in any one or more instances shall be deemed a further or continuing waiver of the same or any other condition or provision.
20. Questions, Concerns, and Notice to Infinite Creator
If you have any questions regarding these Terms, please submit your questions via an email to: 382 NE 191 ST PMB 28592 Miami, FL. 33179-3899 US. We will endeavor to respond to you promptly.