Terms and Conditions
Last updated September 2nd, 2020
Welcome to Infinite Catalog!
These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Infinite Catalog LLC (“we,” “us”, or “our”), concerning your access to and use of the Infinite Catalog royalty accounting service.
These Terms shall remain in full force and effect while you use Infinite Catalog. You agree that by accessing Infinite Catalog you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using Infinite Catalog and you must stop using it immediately.
You represent that you have the legal capacity and that you agree to comply with these Terms. All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use Infinite Catalog. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using Infinite Catalog.
First, some ground rules. When you register an account on Infinite Catalog, you agree that:
- all registration information you submit will be true, accurate, current, and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- to the extent that you are required to register with Infinite Catalog, you will keep your password confidential and will be responsible for all uses of your account and password.
You also agree not to:
- make any unauthorized use of Infinite Catalog, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
- create user accounts by automated means or under false pretenses;
- circumvent, disable, or otherwise interfere with security-related features of Infinite Catalog;
- engage in unauthorized framing of or linking to Infinite Catalog;
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- interfere with, disrupt, or create an undue burden on Infinite Catalog or the networks or services connected to the service;
- attempt to impersonate another user or person or use the username of another user;
- use any information obtained from Infinite Catalog in order to harass, abuse, or harm another person;
- use Infinite Catalog in a manner inconsistent with any applicable laws or regulations.
Infinite Catalog is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, you access Infinite Catalog on your own initiative and agree that you are solely responsible for compliance with local laws.
To keep Infinite Catalog running smoothly, we reserve the right, but do not have the obligation, to:
- monitor Infinite Catalog for violations of these Terms;
- in our sole discretion and without limitation, notice, or liability, to remove from Infinite Catalog or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
- correct any errors, inaccuracies, or omissions and to change or update the information on Infinite Catalog at any time, without prior notice;
- remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is impermissible;
- take legal action against anyone who, in our sole discretion, violates the law or these Terms;
- otherwise manage Infinite Catalog in a manner designed to protect our rights and property and to facilitate the proper functioning of the service.
Please note that we may - in our sole discretion and without notice or liability - deny you access to Infinite Catalog or delete your account and any content or information you posted at any time. We will terminate your access if you violate any of the rules listed above.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
We cannot guarantee that Infinite Catalog will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to Infinite Catalog, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use Infinite Catalog during any downtime or discontinuance.
Finally, although we perform routine backups of data, you are solely responsible for all data that you transmit while using Infinite Catalog. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
CHANGES TO INFINITE CATALOG
We’re always trying to improve Infinite Catalog, so our products and services may change over time. We may suspend or discontinue any part of Infinite Catalog, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Infinite Catalog.
Nothing in these Terms will be construed to obligate us to maintain and support Infinite Catalog or to supply any bug fixes, updates, or otherwise. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Infinite Catalog at any time or for any reason without notice to you. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of Infinite Catalog.
CHANGES TO THE TERMS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the Effective Date of these Terms. Any changes or modifications will be effective immediately upon posting the updated Terms on Infinite Catalog, and you waive the right to receive specific notice of each such change or modification.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of Infinite Catalog after the date such revised Terms are posted.
THIRD-PARTY WEBSITES AND CONTENT
Infinite Catalog may link or send you to other websites ("Third-Party Websites"). The service may also incorporate media or other material originating from third parties ("Third-Party Content").
If you decide to leave Infinite Catalog and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
Accordingly, we are not responsible for any Third-Party Websites accessed through Infinite Catalog or any Third-Party Content you interact with. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
WARRANTY AND LIABILITY
- No Warranties: Infinite Catalog is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Infinite Catalog will be uninterrupted or error-free. Any data visualizations, royalty statements, payee summaries, and other outputs of Infinite Catalog are similarly provided on an “as-is” basis without any express or implied warranties as to their accuracy or otherwise. You are ultimately responsible for ensuring that all balances are accurate.
- Limitation of Liability: To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Infinite Catalog LLC, its licensors, or its suppliers be liable to you or to any other person for:
- Any indirect, special, incidental, or consequential damages of any kind, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) or,
- Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Infinite Catalog in the twelve-month period preceding the applicable claim.
- Indemnification:To the fullest extent allowed by applicable law, you agree to indemnify and hold Infinite Catalog LLC, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Infinite Catalog (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
The above covers most of the questions that we get about Infinite Catalog. We’ve organized the legal terms that come up less frequently below:
- Assignment: You may not assign, delegate or transfer your rights or obligations under these Terms in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate our rights and obligations without consent.
- Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
- Arbitration: Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Kings County, New York, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Infinite Catalog LLC shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Kings County, New York, or the Eastern District of New York. The prevailing party in any action or proceeding arising out of this Agreement will be entitled to an award of costs and attorneys’ fees.
- Electronic Communications: You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
- No Third-Party Beneficiaries: There are no third-party beneficiaries intended under these Terms.
- Interpretation: You agree that this Agreement will not be construed against us by virtue of having drafted them.
- No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Infinite Catalog LLC, and you do not have any authority of any kind to bind us in any respect whatsoever. This Agreement doesn’t grant you any right, title or interest in Infinite Catalog, or our trademarks, logos, and other intellectual property.
- Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
- Severability: If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
- Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
Have any other questions? If you need further information about Infinite Catalog or need to resolve any issues, just contact us at firstname.lastname@example.org