1. Use of the Services and Find Your Infinity Materials
As between you and Find Your Infinity, Find Your Infinity owns all information and content available on the Website and in the Services (as these terms are defined below) (collectively, the “Find Your Infinity Materials“). Subject to these Terms, Find Your Infinity grants (i) Individual Users a limited license to reproduce portions of Find Your Infinity Materials for the sole purpose of using the Services for your personal or non-commercial purposes and (ii) Vendor Users a limited license to reproduce portions of Find Your Infinity Materials for the sole purpose of using the Services for Vendor’s internal business purposes. Unless otherwise specified by Find Your Infinity in a separate license, your right to use any Find Your Infinity Materials that you access or download through the Website or the Services is subject to the Terms.
1.1 Updates. You understand that the Website and the Services are evolving. As a result, Find Your Infinity may require you to accept updates to the Website or the Services. You acknowledge and agree that Find Your Infinity may update the Website and/or the Services with or without notifying you. You may need to update third party software from time to time in order to receive the Services or use the Website.
1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or any portion of the Website, including any Find Your Infinity Materials other than as expressly set forth herein, (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other Find Your Infinity Materials (including images, text, page layout or form) of Find Your Infinity; (c) you will not use any metatags or other “hidden text” using Find Your Infinity’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Find Your Infinity Materials except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website; (f) you will not access Find Your Infinity Materials in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Find Your Infinity Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove or destroy any copyright notices or other proprietary markings contained on or in Find Your Infinity Materials. Any future release, update or other addition to Find Your Infinity Materials will be subject to these Terms. Find Your Infinity, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website or the Services terminates the licenses granted by Find Your Infinity pursuant to the Terms.
1.3 Third Party Materials. As a part of Find Your Infinity Materials, you may have access to materials that are hosted by another party. You agree that Find Your Infinity is not required to monitor such materials and that you access these materials at your own risk.
2. Responsibility for Content
2.1 Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website or the Services, whether publicly posted or privately transmitted, including Find Your Infinity Materials (“Content“), are the sole responsibility of the party from whom such Content originated. This means that you, and not Find Your Infinity, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available“) through the Services or the Website, including SNS Content (“Your Content“), and other Users of the Services, and not Find Your Infinity, are similarly responsible for all Content they Make Available through the Services or the Website (“User Content“). You acknowledge and agree that Find Your Infinity is entitled to use any such information gathered as set forth in the Privacy Policy.
2.2 No Obligation to Pre-Screen Content. You acknowledge that Find Your Infinity has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Find Your Infinity reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. Without limiting the foregoing, Find Your Infinity will have the right to remove any Content that violates the Terms or is otherwise objectionable.
2.3 Storage. Unless expressly agreed to by Find Your Infinity in writing elsewhere, Find Your Infinity has no obligation to store any of Your Content that you Make Available on the Website or via the Services. Find Your Infinity has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Find Your Infinity retains the right to create reasonable limits on Find Your Infinity’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Find Your Infinity in its sole discretion.
3. User Conduct
As a condition of use, you agree not to use the Website, the Services or Find Your Infinity Material for any purpose that is prohibited by these Terms or by applicable law. You will not (and will not permit any third party) either (a) to take any action or (b) Make Available any Content on or through the Website and the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Find Your Infinity’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Find Your Infinity; or (vi) to attempt or engage in, any potentially harmful acts that are directed against the Website or the Services, including but not limited to violating or attempting to violate any security features of the Website or Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Website or Services, introducing viruses, worms, or similar harmful code into the Website, Services or Find Your Infinity Materials, or interfering or attempting to interfere with use of the Website or Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Website or the Services.
4. Disclaimer of Warranties.
4.1 AS IS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE Find Your Infinity PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(a) Find Your Infinity PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED.
(b) ANY CONTENT OR Find Your Infinity MATERIALS DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE OR THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE OR THE SERVICES, ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c) THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Find Your Infinity MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Find Your Infinity OR THROUGH THE WEBSITE OR Find Your Infinity MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e) FROM TIME TO TIME, Find Your Infinity MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT Find Your Infinity’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
4.2 NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE Find Your Infinity PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Find Your Infinity PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. Find Your Infinity MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Find Your Infinity MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE WEBSITE OR THE SERVICES.
4.3 NO LIABILITY FOR CONDUCT OF OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND THE SERVICES. YOU UNDERSTAND THAT Find Your Infinity DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR THE SERVICES.
5. Limitation of Liability.
5.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE Find Your Infinity PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Find Your Infinity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE OR THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
5.2 CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE Find Your Infinity PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY Find Your Infinity AS A RESULT OF YOUR USE OF THE WEBSITE AND THE SERVICES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT CLAIM. IF YOU HAVE NOT PAID Find Your Infinity ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, Find Your Infinity’S SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED TO FIFTY DOLLARS ($50).
5.3 Information Verification. Find Your Infinity Parties may use various ways of verifying information that Users have provided. However, none of those ways are perfect, and you agree that Find Your Infinity and its suppliers will have no liability to you arising from any incorrectly verified information.
5.4 BASIS OF THE BARGAIN. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Find Your Infinity AND YOU.
5.5 EXCLUSION OF DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. Procedure for Making Claims of Copyright Infringement
It is Find Your Infinity’s policy to terminate membership privileges of any User who repeatedly commits copyright infringement upon prompt notification to Find Your Infinity by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website, or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Website or Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; (6) 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.
7. Term and Termination.
7.1 Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Website or any Services, unless terminated earlier in accordance with these Terms.
7.2 Termination of Services by Find Your Infinity. Except as otherwise stated on the Website or through the Services at the time you request the applicable Premium Service, the Premium Service Subscription Fee for any Premium Service will be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of this Agreement, or if Find Your Infinity is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Find Your Infinity has the right to suspend or terminate any Premium Services provided to you. You agree that all terminations for cause will be made in Find Your Infinity’s sole discretion and that Find Your Infinity will not be liable to you or any third party for any termination of your Account or use of the Website or Services.
7.3 Termination of Services by You. If you want to terminate any Services provided by Find Your Infinity, you may do so by notifying Find Your Infinity at any time. Your notice should be sent, in writing, to Find Your Infinity’s address set forth below.
7.4 Effect of Termination. Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services may also include deletion of your password and all related information, files and Content associated with or inside your Account (or any part therof) or your use of the Website or Services, including Your Content. Upon termination of any Service, your right to use such Service will terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Find Your Infinity will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.