Use of Infiniit Entertainment's Services
1. Infiniit.net will only provide service to those who are legally allowed to accept upon themselves a contract under applicable law. If you are under the age of 18, you may use the Infiniit Entertainment services under the supervision of a parent of guardian who agrees to be bound by this TOS.
2. You must comply with all the terms and conditions that are listed on this TOS, the applicable agreements and policies relating to you and the service Infiniit is providing you as well as all of the applicable laws, regulations and rules when you use Infiniit Entertainment's Service and Website.
2. Your License to User Infiniit Entertainment: (a) Infiniit Entertainment solely and exclusively owns any and all intellectual property that appears anywhere on the website that does NOT pertain to specific, user owned studios. These include the Infiniit Entertainment name, the logos and pictures that may appear upon the site as well as the layout. Also included in these are any JavaScript libraries where "infini" appears as the first six letters of the class name. (b) Infiniit grants you license to view and use their website and services, so long as you agree to abide and remain compliant to this TOS. This does not include the right to collect or use information on this website that for purposes prohibited; in order to compete with Infiniit Entertainment; use what was derived for financial gain for any party; or download a copy of this website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you break this TOS, the license granted you to may be revoked at the sole decision of Infiniit Administration. (c) This Section does not pertain to your intellectual property rights or any of the property that is owned by User-owned studios.
General Rules for All Users
Definition: All users is any individual who is using any piece of Infiniit software, any Infiniit service or item that is owned by Infiniit. Services include viewing and/or making use of the website and/or information provided on it; viewing studios, both user and company owned; any service provided by Infiniit listed on the TOS or on the Infiniit website in any place.
Prohibited Use: You may not cause harm to the Website or Infiniit Entertainment. Specifically, but not limited to, you may not (i) interfere with the services that Infiniit provides by way of disruption of technologies, programs, advertisements or any other method designed to disrupt or damage any software, hardware or service that Infiniit provides. (ii) Modify, delete, copy, decompile or disassemble any of the technology that is used to provide any Infiniit service. (iii) Use a robot, spider or any other device to monitor the activity and copy pages from the website, with exclusion to search engine activity, hit counters or similar activities. (iv) Collect email addresses or any information from any user on Infiniit without that user's expressed permission to do so. (v) Impersonate another party by means of forum posts, user names, studio names, project names or any other way of impersonation. (vi) Use any meta tags, search terms, etc that contain Infiniit Entertainment's name or trademarks. (vii) Engage in an activity that interferes with a user's ability to use Infiniit. (viii) Assist any party in engaging in an activity that is disallowed by these TOS.
General Rules for Registered Users
Definition of a Registered User: A registered user is any user who has registered for a user name at Infiniit. Registered users must keep to the TOS of registered users so long as they are logged into Infiniit. When logged out, registered users lose the status of registered users and instead must follow the rules that apply to General Users.
Application of Former Rules: All rules that apply to any General User are applied to those registered at Infiniit as well. At not time is a registered user allowed to violate any of the TOS that apply to either All users or Registered Users.
Proper Content: All content that is submitted to Infiniit, whether it be textual, graphic or other, may not contain: (i) Illicit and/or improper language (ii) Remarks that attack or label an individual or group based on their race, religion, sex, country, nationality, belief, etc. (iii) Nudity, sexual content, illicit imagery of any kind. (iv) Material that is copyrighted by any organization or individual (v) Material that is not your intellectual property (vi) Untrue, slanderous, belittling, etc information or comments directed at another user, group, etc.(vii) Any other content that is illegal to post publicly or privately under New York State Law.
General Rules for Studio Owners
Definition: A Studio Owner is any individual who has the ability to post any type of artistic media in a studio presented to them by Infiniit administration.
Application of Former Rules: All rules that apply to either General or Registered Users also apply to Studio Owners. The rules apply after you have confirmed in email your acceptance of Infiniit's acceptance decision of your studio ownership. The status returns to General User when logging out, except in the case when connection is made to Infiniit in any setting, public or private, at which point you are liable to remain under behavior and conduct codes stated in this TOS, as explained in "Representing Infiniit" below.
Originality of Submitted Work: All work that is submitted into Infiniit to be hosted at a studio must be the intellectual property of the owner. It may not be a copy, redesign, original drawing or piece of artwork that depicts a character, scene, artwork, etc that is owned by another party. This include, but is not limited to (i) Sketches of preexisting paintings, drawings, photographs, etc that are owned, copyrighted or trademarked by another party without the explicit permission of that party. (ii) Any media that has in it any part that is made up of a work that is not exclusively owned by either the Studio Owner without the explicit permission of the owner. (iii) A "fan picture" of any piece of work that has is under copyright by another party, assuming that this fan picture derives its basis from that copyrighted piece. (iv) Any piece of work that could not receive a copyright under the United States Copyright Laws as of the current date that this TOS is read. (v) Any other media where the rights are not exclusively owned by the Studio Owner or owned jointly by Infiniit Entertainment and the Studio Owner jointly.
Professionalism of Submitted Work: All works that are submitted to Infiniit must maintain a level of professionalism and publishability. Sketches, trials or any other unfinished work of any kind is not a piece of artwork that may be hosted in the Studio. Furthermore, all work that is published must be kept at the standard of the portfolio that you submitted when you applied to Infiniit. It is up to the sole discretion of Infiniit administration whether or not a piece of artwork is liable to be considered unprofessional and removed from the site.
Content of Submitted Work: Any work that you submit into Infiniit must be compliant with the Originality and Professionalism stipulations stated above. Furthermore, you agree not to use the Infiniit Service for:
1. for any unlawful purposes
2. to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable
3. to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Infiniit
4. to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13
5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 6. to upload, post, or otherwise transmit any material which is likely to cause harm to Infiniit or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service
Representing Infiniit: You may not, under any circumstances, violate the Terms of Service anywhere on the internet at any place where you attribute yourself with Infiniit. Infiniit reserves the right to deem any public action where your connection as a member of Infiniit's select group of Studio Owners is made apparent and where you violate the rules pertaining to proper conduct listed in these TOS, Infiniit holds the right to treat as if you violated these TOS on its own site can take whatever action it deems necessary due to the circumstance.
Reservation of Rights
1. Infiniit reserves the right, but does not assume the obligation, to monitor any flow of transactions or information through the Infiniit systems and Website. If Infiniit determines, in its sole and absolute discretion, that the TOS is broken in any way or form due to a transaction, Infiniit has the nonnegotiable right to take whatever action is deemed necessary, including but not limited to changing or deleting the information in question or suspending or removing the account. This may be done to any material that Infiniit decides is in breach of the TOS without any liability to you or a third party.
2. Infiniit reserves the right to modify any part of Infiniit software at anytime, and may alter, suspend, add or remove any service at its complete discretion.
3. Infiniit has the right to use any public material that appears on its website, apart from all information that fall into a Studio, for marketing and other promotional purposes. This includes, but is not limited to, questions, comments, suggestions, ideas and message board postings. You will not bring claim against Infiniit based on intellectual ownership of said materials from the use of this information.
Disclaimers and Exclusions:
Infiniit PROVIDES THE WEBSITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. INFINIIT DOES NOT REPRESENT THAT THE WEBSITE OR SERVICE OR ITS USER: WILL BE UNINTERRUPTED, WILL BE FREE OF INACCURACIES AND ERRORS, WILL MEET ANY PRECONCIEVED REQUIREMENTS OR WILL OPERATE ON THE CONFIGURATION, HARDWARE OR SOFTWARE THAT YOU USE. INFNINIIT AND ALL ITS AFFILLIATES DISCLAIM TO THE FULLEST EXTENT PERMITTED BY ALL IMPLIED, EXPRESS AND STATUARY WARRANTIES INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INFINIIT DISCLAIMS WARRANTY OVER ANY ADVICE, IDEAS OR INFORMATION GATHERED FROM ITS SITE, SERVICES OR DOCUMENTS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Infiniit AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
Infiniit MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. INFINIIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Infiniit MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT Infiniit IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, Infiniit SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF Infiniit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Infiniit'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Infiniit PURSUANT TO THIS AGREEMENT.
Termination:
Infiniit holds, in its sole description, with or without notice to you, the ability to suspend, limit or terminate your access to the Infiniit website or services; suspend, limit or terminate your account; remove any content from your account and Infiniit's services and directories; prohibit you from using Infiniit's Services or Website.
If your account is terminated, information hosted under your account and if you are a studio owner, the studio associated with your account, will be deleted from the Infiniit directories completely and Infiniit will have no liability to you or a third party for doing so.
Additional Stipulation that apply to Studio Owners
Copyright on Your Work:
infiniit does not claim ownership of your content when uploaded online. Once printed, infiniit holds publisher rights over the content, but original copyright and ownership belong to you. Any work you upload onto infiniit will not be used without your expressed permission, and for all work that is used, compensation will be decided beforehand and agreed upon by both parties.
Payment:
All payments given by Infiniit to you will be based completely on the sum of the daily unique hits to each page in your studio. You will earn a commission based on the amount of revenue brought in by the website, as well as by any monetary amount agreed upon with Infiniit for use of your work in any way. In no instance will you be employed for Infiniit in any way, unless having a separate, paper-based contract given to you Infiniit Entertainment.
