Terms of Use

AC Infinity Terms of Use

These Terms of Use ("Terms") represent a legal agreement between you and AC Infinity Inc., located at 21880 Baker Parkway, City of Industry, CA 91789, United States, along with its affiliated entities (collectively, “AC Infinity,” “we,” “us,” or “our”). These Terms govern your access to and use of all AC Infinity websites, software, devices, associated firmware, applications, products, and any other services, features, or content provided or made available by AC Infinity (collectively, the “Services”). By accessing, using, or interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using or accessing the Services.

We may update these Terms at our sole discretion and at any time. It is your responsibility to review the Terms periodically for any changes. Continued use of the Services after updates are made signifies your acceptance of the revised Terms, except where applicable law requires additional notice regarding updates, in which case we will comply with such requirements.

Certain Services may be subject to additional or separate terms and conditions. In the event of a conflict between these Terms and those specific terms and conditions, the latter will control.

 

1. Eligibility

You must be of legal age in your jurisdiction to use the Services unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to access the Services. If you are agreeing to these Terms on behalf of an organization or entity, you confirm that you have the authority to do so. You are not permitted to access or use the Services if applicable law prohibits you from receiving them or if you have been previously suspended or removed from the Services.

 

2. Intellectual property

“Content” refers to all websites, software, designs, text, artwork, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, and any other materials or information that are posted, generated, provided, or otherwise made available through the Services. The Services and Content are protected by copyright, trademark, patent, trade secret, and other laws of the United States and international jurisdictions. Unless expressly stated in these Terms, AC Infinity and its licensors retain exclusive ownership of all rights, titles, and interests in the Services and Content, including all related intellectual property rights.

You are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary rights notices that are included in or alongside the Services or Content. Unauthorized use of any material provided through the Services may result in violations of copyright laws, trademark laws, privacy and publicity laws, as well as communications regulations and statutes.

 

3. License

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, view, and use the Services and Content, as well as any software embedded in our products or devices, whether provided by us or third parties. This license is solely for your personal, non-commercial use and enjoyment of the Services as allowed under these Terms.

You may not use, sublicense, copy, adapt, modify, translate, disclose, create derivative works from, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Services, or any part thereof (including any third-party software), unless expressly allowed under these Terms. No rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except those explicitly granted in these Terms.

AC Infinity reserves the right to revoke this license at any time, at its sole discretion. In the event of revocation, you must promptly destroy any materials downloaded or obtained from the Services, as well as any copies made, whether in accordance with these Terms or otherwise.

 

4. Account registration

You may be required to create an account to use parts of the Services. When creating an account, you may be asked to provide a username, password, and additional information such as your name and email address. You are solely responsible for maintaining the confidentiality of your account details. Transferring, selling, assigning, or sublicensing your account without our prior written consent is prohibited. You are fully responsible for all activities or usage that occurs under your account, including any use of the Services by others, whether or not authorized by you. You agree to promptly notify us of any unauthorized access or any other security breach involving your account. AC Infinity is not liable for any losses resulting from unauthorized use of your account. Information submitted by you is governed according to the AC Infinity Privacy Policy.

 

5. User content and feedback

5.1 User Content. You are solely responsible for any content you submit, display, post, or make available through the Services ("User Content"), including securing any necessary third-party rights for such content. By submitting User Content, you grant AC Infinity a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish the User Content, in whole or in part, in any format or medium now known or developed in the future, without compensation to you, for any purpose, including but not limited to promoting and redistributing any part of the Services (and derivative works thereof).

At our sole discretion, we may pre-screen User Content before it appears on the Services and may, at any time, prohibit or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content on or through the Services. We reserve the right, at our sole discretion, to reject, move, edit, or remove any User Content for any reason, including, but not limited to, content that violates these Terms. For more details, refer to the Acceptable Use section below.

5.2 Feedback. We will not consider any unsolicited submission of ideas and ask that you refrain from sending them to us. If, however, you choose to still submit your ideas in any form, whether in User Content or otherwise (“Feedback”), the following terms will apply:

  • (a) Feedback shall be AC Infinity’s sole and exclusive property, with no compensation to you. You hereby irrevocably assign to AC Infinity and agree to irrevocably assign to AC Infinity all right, title, and interest in and to all Feedback, including any intellectual property rights therein.
  • (b) AC Infinity shall have no obligation of any kind with respect to Feedback and shall be free, without any compensation or credit to you of any kind, to reproduce, use, disclose, and distribute Feedback, including any ideas, concepts, know-how or techniques contained therein, on an unrestricted basis for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating the Feedback.

 

6. Acceptable use

In order to promote a safe and positive experience, the following conduct is strictly prohibited in connection with your access to and use of the Services. Without limitation, you will not:

  • abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
  • advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  • alter or tamper with any materials on or associated with the Services;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
  • disrupt, overwhelm, attack, modify or interfere with the Services or its associated software, hardware, or servers in any way;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
  • impede or interfere with others’ use of the Services;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account data, or any other personal or private information from any user;
  • submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
  • submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • use any means to scrape or crawl any web pages contained in the Services;
  • use any robots, spiders, scrapers, or any other automated means to access the Services for any purpose;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • violate any law or regulation; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

In addition to the restrictions on use provided above, the materials on or through the Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by any federal, state, or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the materials by such government or authority constitutes acknowledgment of AC Infinity’s proprietary rights in them.

 

7. Privacy

For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Terms.

 

8. Warranties, disclaimers, and limitation of liability

EXCEPT AS EXPRESSLY STATED IN WRITING BY AC INFINITY IN RELATION TO YOUR PURCHASE OF A PRODUCT OR SERVICE, THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE ABOVE, AC INFINITY SPECIFICALLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, AC INFINITY DOES NOT GUARANTEE THAT: (i) THE SERVICES OR CONTENT WILL BE FREE FROM ERRORS; (ii) THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, BE SECURE, OR BE FREE FROM ERRORS; (iii) ANY DEFECTS WILL BE CORRECTED; OR (iv) THE SERVICES AND CONTENT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS. AC INFINITY MAKES NO COMMITMENT TO CONTINUE UPDATING OR MAKING AVAILABLE THE SERVICES, INCLUDING ANY PARTICULAR SOFTWARE, APPLICATION, OR PRODUCT, AND RESERVES THE RIGHT TO CHANGE, UPDATE, OR DISCONTINUE THE SERVICES WITHOUT NOTICE. THE ABOVE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK RELATED TO YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER AC INFINITY NOR ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES—INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—ARISING OUT OF OR RELATED TO THE SERVICES, THE CONTENT, OR ANY LINKS OR CONNECTIONS PROVIDED THROUGH THE SERVICES. THIS APPLIES WHETHER OR NOT AC INFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.

IN ANY CASE, AC INFINITY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES, OR $100 IF NO PAID PRODUCT OR SERVICE IS INVOLVED.

AC INFINITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND AC INFINITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AC INFINITY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. 

THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AC INFINITY AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, United States, the limitations in this Section do apply to you.

 

9. Indemnity

To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless AC Infinity, along with its officers, directors, employees, shareholders, representatives, and their successors and assigns, from and against any claims or demands, including reasonable attorneys' fees and costs, arising from or related to your use of the Services or Content, your connection to the Services, your exposure to Content or User Content, your violation of these Terms, applicable laws, your submission, posting, or transmission of User Content, and/or your infringement of any rights of others. We reserve the right, at our own expense, to assume exclusive control and defense of any such disputes, and you agree to cooperate with us in asserting any available defenses.

 

10. Modification and termination

10.1 Modification of Services. Except where not permitted by applicable local legal requirements, AC Infinity reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. AC Infinity shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

10.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination. Termination of your use or access to the Services may also include, at AC Infinity’s sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law.

 

11. Notice of intellectual property infringement

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of AC Infinity, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing.

 

12. Controlling law

These Terms, along with their subject matter and any related actions, shall be interpreted and governed by the laws of the Commonwealth of California, without regard to its conflict of law principles. Any disputes arising from these Terms or the use of the Services must be initiated and resolved in the state courts of California, or a U.S. federal court within the District of California. Both you and AC Infinity agree to submit to the exclusive jurisdiction of these courts.

 

13. General terms

13.1 Force majeure. Under no circumstances will AC Infinity be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

13.2 No waiver. If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

13.3 Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

13.4 Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

13.5 Entire agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and AC Infinity, and supersede any prior and contemporaneous agreements between you and AC Infinity on the subject matter, except as expressly provided herein.

13.6 Assignment. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by AC Infinity without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.

13.7 Modification. These Terms may only be modified by agreement between you and an authorized signatory of AC Infinity, specifically referencing and specifically modifying these Terms.

13.8 No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of AC Infinity, or to bind AC Infinity in any respect.

13.9 Electronic processing. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

13.10 Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.

13.11 Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

13.12 Notices. We may deliver notice to you by email, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by mail at 21880 Baker Parkway
City of Industry, CA 91789, United States of America.

13.13. Text messaging. By using the Services, you agree that we and those acting on our behalf may, in certain circumstances, send you text (SMS) messages at the phone number you provided us in accordance with our SMS Terms of Use.

 

14. Contact us

If you have any questions about these Terms, please contact us. To contact us, please see our Contact us page.