TERMS OF SERVICE

This agreement (the "Agreement" or the "Terms") describes the terms on which Infiniti Grid offer you access to its interactive entertainment products and services.

By using the Service (as defined below), you agree to and accept these Terms, including important dispute resolution procedures and all policies and terms linked to or otherwise referenced herein, all of which are incorporated into this Agreement. If you do not so agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service.

1. ONLINE SERVICE

1.1 Defined Terms

"Account" means the entirety of your contractual rights and obligations under this Agreement associated with a particular Account Name (defined below) you have selected for accessing the Service.

"Account Name" means a name to identify yourself to Infiniti Grid staff in connection with your Account for each Product.

"Content" means any works of authorship, creative works, graphics, images, textures, photos, logos, video, audio, text, and interactive features.

"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights and other intellectual property rights or proprietary rights recognized by law.

"Internet Device" means a personal computer, mobile phone or other wireless or internet-enabled device.

"Infiniti Grid Content" is the Content provided to you in connection with the Service, including, but not limited to Content we created or licensed from third parties subject to the license set forth herein.

"Payment Service Provider" means a third party payment service provider as contracted and/or offered by Infiniti Grid in its sole discretion.

"Product" means any interactive entertainment product or software provided to you through servers hosting Infiniti Grid, each of which shall be further governed by an applicable product-specific policy (each a "Product Policy").

"Servers" are the online environments that support the Contracted Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the Service.  Infiniti Grid contracts their Servers.

"Service" means all features, applications, content and downloads offered by Infiniti Grid, including its Websites, Servers, Software, Infiniti Grid Content, and User Content as those terms are defined herein.

"Software" is the software provided to you by outside sources other than Infiniti Grid.  Infiniti Grid does not maintain or offer software in order to access the Service.

"User Content" means any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Websites or other areas of the Service or Software.

"Virtual Space" is virtual space that is stored on our Servers and made available in the form of virtual units.

"Websites" are the websites and services available from the domain and subdomains of Infiniti Grid and any related entity or successor domains from which Infiniti Grid may offer the Service.

1.2 The Service exists only as long as and in the form that we may provide the Service, and all aspects of the Service, including your User Content, are subject to change or elimination.

Infiniti Grid has the right to change, limit access to, and/or eliminate any aspect(s), feature(s) or functionality of the Service (including your User Content) as it sees fit at any time without notice, and Infiniti Grid makes no commitment, express or implied, to maintain or continue, or to permit open access to, any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.

Infiniti Grid may, but will not have the obligation to, display, maintain, or otherwise make use of, any of your User Content, and Infiniti Grid may, in its sole discretion, modify, delete, or otherwise make use of User Content without notice or any liability to you or any third party. Infiniti Grid reserves the right to treat User Content on the Service as content stored at the direction of users for which Infiniti Grid will not exercise control except to block or remove content that comes to Infiniti Grid attention and is offensive, obscene, abusive, illegal or otherwise objectionable to Infiniti Grid, or to enforce the rights of third parties or the content restrictions set forth below (in Sections 2 and 7), when notice of their violation comes to Infiniti Grid attention. Such User Content submitted by you or others need not, however, be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service.

1.3 Your User Content is not confidential; You represent that your Content is original to you (and/or your minor child).

Infiniti Grid may now or in the future offer users of the Service the opportunity to display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, "submit") User Content. We may do this through forums, blogs, message boards, social networking environments, social communities, e-mail and other functionality. Subject to the rights and license you grant in this Agreement, you retain whatever legally cognizable right, title and interest that you have in your User Content.

Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant Infiniti Grid the rights to it that you are granting by this Agreement and any Additional Terms (as defined in Section 2.2 below), all without any Infiniti Grid obligation to obtain consent of any third party and without creating any obligation or liability of Infiniti Grid; (b) the User Content is accurate; (c) the User Content does not and, as to Infiniti Grid’s permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate this Agreement or any Additional Terms, or cause injury or harm to any person.

Please remember that the Service is a public forum and User Content that you submit will be accessible to and viewable by other users. Except as may be required to register and/or maintain your Account, do not submit personally identifiable information (e.g. first and last name together, password, phone number, address, credit or debit card number, medical information, e-mail address, or other contact information) on the Service.

Except as otherwise described in our Privacy Policy or any Additional Terms we provide to you, you agree that (i) your User Content will be treated as non-confidential and non-proprietary and will not be returned, and (ii) Infiniti Grid does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon Infiniti Grid’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this Agreement or any Additional Terms.

1.4 Infiniti Grid is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.

You understand that Infiniti Grid is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users. Infiniti Grid does not control or endorse the Content of communications between users or users' interactions with each other or the Service.

You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of users, and that Infiniti Grid does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content or user services. You acknowledge that Infiniti Grid does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use of User Content are entirely at your own risk. Infiniti Grid has no obligation to become involved in any dispute that you may have or claim to have with one or more users of the Service, or in any manner in any resolution thereof.

The Service may contain links to or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by Infiniti Grid. You agree that Infiniti Grid is not responsible or liable for the Content, policies or practices of any third-party websites, servers or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers or online services or environments.

1.5 The Service is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.

Infiniti Grid may on occasion need to interrupt the Service with or without prior notice. You agree that Infiniti Grid will not be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided in Infiniti Grid’s billing policies, posted on applicable areas of the Service and/or Website(s), you will not be entitled to any refunds of fees or other compensation for interruption of service.

Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. Infiniti Grid owns the bits and bytes of electronic data stored on their contracted Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service provided by the contracted Servers. Infiniti Grid will solely determine any disposition of the electronic data stored on the contracted Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from the contracted Servers.

 

2. CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

2.1 Infiniti Grid owns Intellectual Property Rights in the Service, stored on Servers contracted by ,Infiniti Grid.

Infiniti Grid owns Intellectual Property Rights in and to the Service, including but not limited to the Infiniti Grid Content, Software, the Servers, and the Websites related thereto, and in and to our trademarks, service marks, trade names, logos, domain names, taglines.  Infiniti Grid has used open source products under the Creative Commons license which is owned by their original Creator per their license agreement. You acknowledge and agree that Infiniti Grid and its licensors own all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, other than with respect to User Content.

You understand and agree that without a written license agreement with Infiniti Grid, we do not authorize you to make any use of the Infiniti Grid Marks, including but not limited to "Infiniti Grid” and “Infiniti Grid”. Use of the Infiniti Grid marks in whole or in part is subject to the guidelines and terms of any applicable license provided upon request.  

Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the Infiniti Grid Marks are reserved by Infiniti Grid. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the Infiniti Grid.

2.2 Infiniti Grid grants you certain licenses to access and use the Service while you are in compliance with the Terms; Additional terms may apply.

Infiniti Grid hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, personal, revocable license to access and use the Service on an Internet Device as set forth in these Terms and expressly conditioned upon you and each of your Accounts remaining active, in good standing, and in compliance with these Terms. Additional terms may apply to certain elements of the Service ("Additional Terms"); these terms are available where such separate elements are made available through the Service. If there is any contradiction between any Additional Terms and these Terms, then the Additional Terms shall take precedence only in relation to that particular element of the Service. For examples of such Additional Terms, please see Section 12 below.

Use of the Service is subject to these Terms and the terms of any applicable Product Policy provided with such software installed on your personal and/or commercial systems in order to access Service.  Infiniti Grid holds no rights or has any obligation to allow Software to gain access to their Service.

Infiniti Grid provides access to Infiniti Grid Content and hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, personal, revocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Infiniti Grid Content solely as permitted through the normal functionality of the Service and under these Terms or those of the licensed creator within the Service.

2.3 You grant Infiniti Grid certain licenses to your User Content.

You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of this Agreement, including any underlying rights of other users or Infiniti Grid in Content that you may use or modify.

In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Infiniti Grid and users of the Service to use the Content in the manner contemplated by the Service and these Terms.

Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that Infiniti Grid cannot do so on your behalf.

Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration or remuneration for any of the rights granted in this Section.

Except as otherwise described in this Agreement; above or below, you hereby grant to Infiniti Grid, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use images of your creations or by your submission directly to Infiniti Grid as promotional purposes on any Infiniti Grid hosted pages including but not limited to splash screens, web sites and all social media outlets.

You authorize Infiniti Grid and their associates the rights to purchase your content which is set for sale or listed as free through either an applicable off grid website and/or on the grid itself to use within the grid itself per your pre-set permissions.

2.4 You grant certain Content licenses to other users by submitting your Content to publicly accessible areas of the Service.

You agree that by uploading, publishing, or submitting any Content to any publicly accessible areas of the Service, you hereby grant other users of that aspect of the Service a non-exclusive license to access the User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform the Content on the Service solely as permitted by you through your interactions with the Service under these Terms. This license is referred to as the "User Content License," and the Content being licensed is referred to as "User Content." "Publicly accessible" areas of the Service are those areas that are accessible to other users of that aspect of the Service.

If you do not wish to grant users of the Service a User Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users.

Your interactions with the Service may include use of a permissions system as provided in your Software of choice. Any agreement you make with other users relating to use or access to your Content must be consistent with these Terms and the applicable Product Policy, and no such agreement can abrogate, nullify, void or modify these Terms or the applicable Product Policy.

You acknowledge that when you receive a User Content License you receive only licensing and use rights; therefore, you do not acquire ownership of any copies of the Content, or transfer of any copyright or other Intellectual Property Rights in the Content.

2.5 You also grant Infiniti Grid and other users of the Service a license to use your Content in snapshots and machinima that is displayed in publicly accessible areas of the Service.

You agree that by uploading, publishing, or submitting any Content to or through the Servers for display in any publicly accessible area of the Service, you hereby grant other users a non-exclusive, worldwide, royalty-free, sub licensable and transferable license to photograph, capture an image of, film, and record a video of the Content, and to use, reproduce, distribute, prepare derivative works of, display, and perform the resulting photograph, image, film, or video in any current or future media as provided in and subject to the restrictions and requirements of an applicable Product Policy or other policy. The foregoing license is referred to as the "Snapshot and Machinima Content License."

2.6 You may delete copies of your Content from the Service, and the licenses you have granted for the deleted copies will terminate with certain limitations unless otherwise requested.

Where permitted, you may delete copies or instances of your Content that you have displayed or that are in your Account inventory through the normal functionality of the Service, such as by emptying the trash folder in your Account inventory as applicable. In such event, the licenses granted by you in this Section 2 shall terminate in the manner provided below, but only for those particular copies or instances of Content that you have deleted from the Service.

You acknowledge that this termination will not apply to any other copies or instances of the same Content that you have not specifically deleted from the Service, including without limitation those that may be displayed elsewhere through the Service and those that may be in the Account inventories of other users to whom you transferred copies.

You also acknowledge that the Service Content License granted to Infiniti Grid with respect to your Content will survive any such termination solely as follows to permit Infiniti Grid: (i) to retain server copies of particular instances of your Content, including copies stored in connection with back-up, debugging, and testing procedures; and (ii) to enable the exercise of the licenses granted in this Section 2 for any other copies or instances of the same Content that you have not specifically deleted from the Service, including those that may be displayed elsewhere through the Service or exist in other users' Account inventories.

 

2.7 You agree to respect the Intellectual Property Rights of other users, Infiniti Grid, and third parties.

You agree that you will not publish, or submit to any part of the Service, any Content that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless you are the owner of such rights or have permission from the rightful owner to upload, publish, or submit the Content and to grant Infiniti Grid and users of the Service all of the license rights granted in these Terms.

You acknowledge that the Content of the Service is provided or made available to you under license from Infiniti Grid and independent Content providers, including other users of the Service ("Content Providers"). You acknowledge and agree that except as expressly provided in this Agreement, the Intellectual Property Rights of Infiniti Grid and other Content Providers in their respective Content are not licensed to you by your mere use of the Service. You must obtain from the applicable Content Providers any necessary license rights in Content that you desire to use or access.

Infiniti Grid and other Content Providers may use the normal functionality of the Service, including an applicable permissions system and the copy, modify, export and transfer settings, to indicate how you may use, reproduce, distribute, prepare derivative works of, display, or perform their respective Content solely through the Service. You acknowledge and agree that the permissions system and other functionality of the Service do not grant you any license, consent, or permission to copy, modify, transfer, or use in any manner any Content outside the Service.

You agree that you will not copy, transfer, export and distribute outside the Service any Content that contains any Infiniti Grid Content, in whole or in part or in modified or unmodified form, except as allowed by an applicable licensing or other policy, or that infringes or violates any Intellectual Property Rights of Infiniti Grid, other Content Providers, or any third parties.

Infiniti Grid reserves the right, but is not obligated to use technological measures designed to prohibit the copying, transfer, or exporting for distribution of Content outside the Service when we in good faith believe that such copying, transfer or exporting distribution would or might violate the Intellectual Property Rights of our users, Infiniti Grid, or third parties.

You copy and use Content at your own risk. You are solely responsible and liable for your use, reproduction, distribution, modification, display, or performance of any Content in violation of any Intellectual Property Rights. You agree that Infiniti Grid will have no liability for, and you agree to defend, indemnify, and hold Infiniti Grid harmless for, any claims, losses or damages arising out of or in connection with your use, reproduction, distribution, modification, display, or performance of any Content.

 

3. ELIGIBILITY TO USE THE SERVICE

3.1 Age Requirements for the Service.

By accepting this Agreement, you represent that you are at least eighteen (18) years of age (or the legal age of majority in your jurisdiction, if greater) and you have the legal authority to enter into this Agreement. If you are less than eighteen (18) years of age.

3.2 Age Requirements for Use of Areas of the Service, Software, and Content.

Certain Content, or areas of the Service may be subject to certain age requirements, as specified in an applicable Product Policy. By using or accessing such Content, or areas of the Service, you represent that you satisfy the age requirements set forth in the applicable Product Policy.

3.3 Requirements for Corporate Users and Sponsoring Organizations.

If you are using the Service on behalf of a company, organization or other legal entity (collectively, "User Organization"), you represent and warrant that you are an employee of that User Organization or other person authorized to do so.

3.4 Other Eligibility Requirements for Use of the Service.

You may not use the Service (i) if you have been terminated from the Service by Infiniti Grid (including, for avoidance of doubt, if any Account of yours has been terminated); or (ii) at any time if you are a person barred from receiving the Service under applicable law.

 

4. ACCOUNT REGISTRATION AND BILLING

4.1 You must establish an account to use certain aspects of the Service, using true and accurate registration information.

Except for certain portions of the Websites which Infiniti Grid allows users to access without registration, you must establish an Account with Infiniti Grid  to use the Service. You agree to provide accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and to use the account management tools provided to keep your Registration Data accurate, current and complete.

You may establish an Account with Registration Data provided to Infiniti Grid  by a third party who provides a gateway to our Service through the use of an API, in which case you may have a separate, additional account relationship with such third party. This relationship in no way modifies, lessens or alters your obligations under this Terms. Access to the Service through third parties may be available or discontinued at the discretion of Infiniti Grid . You acknowledge that Infiniti Grid  is not liable for the acts or omissions of such third parties, which are not the partner or representative of Infiniti Grid or endorsed or controlled by Infiniti Grid.

You may not sell, transfer or assign your Account or its contractual rights, licenses and obligations, to any third party (including, for the avoidance of doubt, permitting another individual to access your Account) without the prior written consent of Infiniti Grid.  Infiniti Grid reserves the right, at its sole discretion, to manage and control the number of Accounts that you may establish and maintain.

4.2 You agree to use an Account Name for each Product that is not misleading, offensive or infringing. You are responsible for activities related to your Account Name, and for keeping your password for your Account(s) secure.

You must choose an Account Name for your Account which may also serve as the name for your graphical representation within each Product (your "Avatar"). You may not select as your Account Name any name that Infiniti Grid  determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or any name that Infiniti Grid determines in its sole discretion to be vulgar, offensive, or otherwise inappropriate. Infiniti Grid  reserves the right to delete or change any Account Name that violates this paragraph, and will have no liability regarding the use, modification, or deletion of any Account Name.

You are solely responsible for all activities conducted through your Account whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password). In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may terminate your Account (or Accounts) as described in Section 5.

You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Internet Device. You are solely responsible for any harm resulting from your disclosure, or authorization of the disclosure, of your password or from any person's use of your password to gain access to your Account or Account Name. You will immediately notify us of any unauthorized use of your Account, password or username, or any other breach of security related to the Service. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk. If you lose access to your Account for any reason, Infiniti Grid  may, but is not required to, attempt to restore access to your Account by verifying your Registration Data. In the event that you are unable to provide the Registration Data, Infiniti Grid reserves the right to suspend your Account(s).

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

4.3 If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites, through the Service, or by an applicable Payment Service Provider.

Certain aspects of the Service (including subscription to a premium Account or usage of virtual environments ("Virtual Space," as may be further described in an applicable Product Policy)), are provided for a fee or other charge by Infiniti Grid  or an applicable Payment Service Provider. Should you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies related to such fees and charges, plus VAT or other taxes as applicable, as posted on the Website(s), application(s), or by an applicable Payment Service Provider. Upon your acceptance of these terms and submission of your order, you hereby agree that Infiniti Grid  or an applicable Payment Service Provider (collectively, for purposes of this Section 4.3, "we") have the right to automatically charge your credit card or debit your account (or other payment method) for the applicable fees or charges, plus any applicable taxes that we are required to collect, and you authorize us to do so. Thereafter, if you have purchased or redeemed a subscription-based product or service, each time your subscription comes up for renewal, we have the right to charge your credit card or debit your account the then-current renewal rate plus any applicable taxes we are required to collect, and you authorize us to do so. Any prices posted in US Dollar or non-US Dollar currencies by Infiniti Grid  on the Service do not include any applicable sales tax, unless specifically noted that it is tax inclusive.

Infiniti Grid  reserves the right, upon reasonable notice, to (directly or through an applicable Payment Service Provider): (i) charge for access to some or all of the Service, charge for access to premium functionality or Content on some or all of the Website, require a free or paid subscription ("Usage Subscription"), or account registration to access some or all of the Service; (ii) change terms and conditions for the Service or portions thereof; and (iii) restrict access to the Service or portions thereof, in whole or in part, based on any lawful eligibility requirements Infiniti Grid  may elect to impose (e.g. geographic or demographic limitations). You are responsible for obtaining and maintaining, at your sole cost, all Internet Devices and other equipment and software, and services necessary for you to access and use the Service.

You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by Infiniti Grid  or an applicable Payment Service Provider continue to be valid and sufficient for such purposes. Payments made will be charged by Infiniti Grid.

Without limiting any other rights or remedies of Infiniti Grid , Infiniti Grid may exercise its termination rights as provided in Section 5 in the event of any payment delinquency. Infiniti Grid  further reserves the right to terminate Usage Subscriptions and/or Virtual Goods and Services for cause immediately at its sole discretion without advance notice or liability. In such event you will not be entitled to a pro-rata refund or credit.

4.4 Infiniti Grid has no obligation to accept returns or provide refunds of any amounts paid for products or services purchased from Infiniti Grid.

Except as set forth above or in any Additional Terms, purchases of Infiniti Grid Content (including but not limited to Usage Subscriptions, and/or other Virtual Goods and Services) are final, non-refundable, have no monetary value (i.e. are not a cash account or equivalent) and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use content In World, even if they come with a durational term (e.g. a monthly subscription). Notwithstanding any agreement by Infiniti Grid  to provide a discretionary pro-rata refund or credit in certain circumstances, you have no property, proprietary, intellectual property, ownership, economic, or monetary interest in your Account, User Content, Usage Subscriptions, or other Virtual Goods and Services, which remain the exclusive property of Infiniti Grid (subject only to the limited license set forth in Section 2 above, this Agreement or any Additional Terms).

4.5  Infiniti Grid does not provide any in-world tokens.  

All tokens used within Infiniti Grid are done so by using an outside service provider.  Infiniti Grid is not responsible for any lost and/or stolen tokens or their monetary counterparts.

5. TERMINATION OF YOUR ACCOUNT

5.1 You or we may terminate your Account(s) at any time.

You may terminate this Agreement by closing your Account(s) at any time for any reason. Infiniti Grid  may suspend or terminate your Account at any time for any reason. In such event, Infiniti Grid shall have no further obligation or liability to you under this Agreement or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

5.2 We may terminate your Accounts for violation of this Agreement.

Infiniti Grid  may suspend or terminate your Account if you violate this Agreement, along with any or all other Accounts held by you or otherwise related to you, as determined by Infiniti Grid  in its discretion, and your violation of this Agreement shall be deemed to apply to all such Accounts. Upon termination of your Accounts, this Agreement between us will be automatically terminated and you may not re-subscribe or return to the Service through other or future Accounts you or others may set up.

5.3 We may terminate your Account(s) to protect the best interests of the Service and the community or if we believe you pose an unacceptable risk to the community.

We may terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of Infiniti Grid , the Service community or any third party.

5.4 We may terminate your Accounts upon a general suspension or discontinuation of the Service.

If Infiniti Grid  elects to generally suspend or discontinue the Service, in whole or in part, for any reason, Infiniti Grid  may terminate your Accounts. In such event, you will not be entitled to compensation for such suspension or termination, and you acknowledge that Infiniti Grid  will have no liability to you in connection with such suspension or termination.

5.5 Upon Account termination, you will lose access to your Account and all licenses, Content, and data, and you understand this is a risk of participating in the Service.

Upon termination of your Account, you will no longer be able to access your Account or access (or transfer or direct the transfer to any other Account) any Content or data you have stored on the Servers. All licenses granted by Infiniti Grid  to use the Service, including any Virtual Tender will automatically terminate. You acknowledge that you have elected to procure Virtual Tender or any premium account or paid features of the Service notwithstanding the possibility of termination of such license rights under the circumstances set forth in this Agreement.

You should ensure that you have only stored Content on the Servers to which you are willing to permanently lose access. You acknowledge and assume the risk of the possibility of termination of your Account as provided in this Agreement, and you represent that you will make your decisions to participate in the Service, contribute Content, spend your money and dispose of transferable licenses at all times knowingly based upon these risks.

Upon termination, you will remain liable for any unpaid amounts owed by you to Infiniti Grid .

5.6 Some terms of this Agreement will survive and continue after termination.

The provisions of this Agreement and any Additional Terms which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Infiniti Grid and it’s users in this Agreement, as well as to the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action and mandatory arbitration.

 

6. CONDUCT BY USERS OF THE SERVICE

You agree to abide by certain rules of conduct, including any applicable community standards for the portion of the Service you are using) and other rules prohibiting illegal and other practices that Infiniti Grid  deems harmful.

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but not the obligation, to monitor or become involved in disputes between you and other users.

Exercise common sense and your best judgment in your interactions with others (e.g. when you submit any personal or other information) and in all of your other online activities.

6.1 You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights.

You agree that you will not:

(i) Post, display, or transmit Content that violates any law or the rights of any third party, including without limitation Intellectual Property Rights. We reserve the right to request at any time proof of permissions in a form acceptable to us. Failure to provide such proof may lead to, among other things, removal of such Content from the Service;

(ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor using the Service;

(iii) Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Service;

(iv) Post, display, or transmit Content (including any communication(s) with employees of Infiniti Grid) that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;

(v) Post, display, or transmit Content that is obscene, hateful, involves terrorism, or is racially, ethnically or otherwise objectionable; or

(vi) Post, display or transmit any Content or conduct or host any activity that is sexually explicit, or intensely violent.

Any violation by you of the terms of this Section may result in immediate termination of your Accounts without any refund or other compensation.

6.2 You agree that you will not post or transmit Content or code that may be harmful, impede other users' functionality, invade other users' privacy, or surreptitiously or negatively impact any system or network.

You agree to respect both the integrity of the Service and the privacy of other users. You will not:

(i) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or information about other users without their consent;

(ii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that Infiniti Grid considers to be of such nature;

(iii) Engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of or enjoyment of the Service;

(iv) Use any cheats, mods, hacks, or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the Service, or to otherwise disrupt or modify the Service or the experience of any users on the Service; or

(v) Attempt to gain unauthorized access to any other user's Account, password or Content.

 

7. INFRINGEMENT NOTIFICATIONS

We operate an intellectual property complaint process for complaints that User Content infringes another's Intellectual Property Rights, the details of which are described in the Intellectual Property Infringement Notification Policy.

 

8. PRIVACY AND YOUR PERSONAL INFORMATION

Your privacy is important to us. Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Service you consent to the collection and use of your information.  We do not sell, redistribute or otherwise release users private information unless required by law.

9. RELEASES, DISCLAIMERS, LIABILITY LIMITS AND INDEMNIFICATION

9.1 Infiniti Grid is NOT liable for its users' actions, and you release Infiniti Grid  from any claims relating to other users.

You agree not to hold Infiniti Grid  liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release Infiniti Grid  (and its officers, directors, shareholders, agents, subsidiaries and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not Infiniti Grid  becomes involved in any resolution or attempted resolution of the dispute.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

You agree and understand that Infiniti Grid  does not control and is not responsible for information you provide to parties other than Infiniti Grid .

9.2 Infiniti Grid  provides the Service on an "as is" basis, without express or implied warranties, and all Content, including Virtual Tender and other Virtual Goods and Services, have no guarantee or warranty of any compensable value.

Infiniti Grid PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE THE WEBSITES, THE CONTRACTED SERVERS, THE CONTENT (INCLUDING THE VIRTUAL GOODS AND SERVICES), AND YOUR ACCOUNT, STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT, INCLUDING VIRTUAL TENDER OR ANY OTHER VIRTUAL GOODS AND SERVICES. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, Infiniti Grid AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON Infiniti Grid'S CONTRACTED SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.

Infiniti Grid does not ensure continuous, error-free, secure or virus-free operation of the Service, the Software, the Websites, the Contracted Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on Infiniti Grid’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties and, to that extent, the foregoing disclaimers may not apply to you.

9.3 Infiniti Grid’s liability to you is expressly limited, to the extent allowable under applicable law.

IN NO EVENT SHALL Infiniti Grid OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, RELIANCE, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE. THE WEBSITES, THE CONTRACTED SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT Infiniti Grid MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Infiniti Grid’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS (U.S. $100.00); OR (ii) THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you. In such jurisdictions, the liability of the Infiniti Grid  parties to you is limited to the lowest amount permitted by applicable law.

9.4 You agree to indemnify Infiniti Grid from claims relating to your use of the Service.

At Infiniti Grids's request, you agree to defend, indemnify and hold harmless Infiniti Grid , its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) your User Content; (ii) your acts, omissions, or use of the Service, including without limitation your negligent, willful or illegal conduct; (iii) your breach or alleged breach by you of this Agreement, including without limitation your representations and warranties relating to your Content; (iv) your violation or anticipatory violation of any applicable law, rule or order in connection with your use of or activities in the Service; (v) information or material transmitted through your Internet Device that infringes or mis appropriates any Intellectual Property Right; (vi) any misrepresentation made by you; (vii) Infiniti Grid’s use of the information that you submit to us; (viii) your purported "ownership" of any Usage Subscriptions or virtual items; or (ix) the increase or decrease in "value" or loss of Usage Subscriptions or virtual items if Infiniti Grid deletes, terminates, or modifies them (all of the foregoing, "Claims and Losses") . We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not settle any Claims and Losses without, in each instance, the prior, written consent of an officer of Infiniti Grid.

9.5 You are not our employee, and you have no rights to compensation.

You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a Infiniti Grid employee and that you do not expect to be, and will not be, compensated by Infiniti Grid for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture or franchise relationship is intended or created by this Agreement.

If at any time Infiniti Grid allows for official volunteer status, a contract may be required.

9.6 This Agreement and the referenced Policies are the entire understanding between us.

This Agreement, including the Additional Terms and policies referenced in this Agreement, sets forth the entire understanding and agreement between you and Infiniti Grid with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.

Infiniti Grid reserves the right to modify this Agreement and any Additional Terms, at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after we post the Updated Terms (or engaging in other such conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that Infiniti Grid posts them or such later date as may be specified in them. Except for such Updated Terms, this Agreement may not be modified except by mutual written agreement between you and Infiniti Grid that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of this Agreement. You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement.

The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. The terms "include" and "including" are not limiting. As used in this Agreement, references to a determination made in Infiniti Grid's discretion means that the determination will be made by Infiniti Grid in accordance with its good faith business judgment. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

Latest Articles

08 November 2018
03 November 2018
© 2018 Infiniti Grid, LLC. All Rights Reserved. 
Pay with PayPal, PayPal Credit or any major credit card
Don't have an account yet? Register Now!

Sign in to your account