INFINITUM LIVE CREATOR NETWORK
TERMS AND CONDITIONS
Last updated June 16th, 2026
(Effective Date: June 16th, 2026)
1. Introduction
These Terms and Conditions (“Terms”) govern access to and use of every website, application, portal, dashboard, program, and service operated or provided by Infinitum Imagery LLC, a Pennsylvania-registered limited-liability company, doing business as Infinitum LIVE Creator Network and Infinitum LIVE Agency, together with all affiliated, subsidiary, and regional entities, including but not limited to:
- Infinitum_US (United States)
- Infinitum_UK (United Kingdom)
- Infinitum_AU (Australia & New Zealand)
- Infinitum_PH (Philippines)
- Infinitum_LATAM (Latin America – Mexico, Central America, South America & Caribbean)
- Infinitum Shop Agency (TikTok Shop operations in the United States and Philippines)
- Infinitum Favorited Agency (operations in the United States)
- Infinitum Imagery Limited (for international management and compliance functions)
Collectively, these entities are referred to as “Infinitum,” “we,” “our,” or “us.”
These Terms apply to every platform or regional operation under the Infinitum brand, including but not limited to:
- TikTok LIVE Programs operating in the United States, Canada, United Kingdom, Australia, New Zealand, Latin America (LATAM), and the Philippines;
- TikTok Shop Programs operating in the United States and the Philippines; and
- Favorited Platform Programs operating in the United States.
By visiting, registering for, or using any Infinitum-owned website, dashboard, portal, or service—whether directly or through an affiliate, manager, or regional branch—and including, without limitation, participation in the Diamond
Incentive Program (D.I.P.), you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and every other Infinitum policy or agreement incorporated by reference.
If you do not agree to all such terms, you must discontinue all access and use immediately.
SECTION 1A — DEFINITIONS
1A. Definitions
For purposes of these Terms, the following capitalized terms have the meanings set forth below. Singular includes plural and vice versa.
1A.1 “Infinitum” means Infinitum Imagery LLC and all affiliated, subsidiary, and regional entities, including without limitation: Infinitum LIVE Creator Network, Infinitum LIVE Agency, Infinitum_US, Infinitum_UK, Infinitum_AU, Infinitum_PH, Infinitum_LATAM, Infinitum Imagery Limited, Infinitum Shop Agency, and Infinitum Favorited Agency.
1A.2 “Services” means all Infinitum websites, applications, dashboards, portals, programs, tools, systems, networks, content, and features made available now or in the future.
1A.3 “Programs” means any Infinitum-managed initiative or offering, including without limitation TikTok LIVE operations, TikTok Shop operations, Favorited programs, and the Diamond Incentive Program (D.I.P.).
1A.4 “User” means any individual or entity that accesses or uses the Services in any capacity, including creators, managers, affiliates, partners, visitors, and representatives.
1A.5 “Creator” means any User who participates in Infinitum creator programs, including TikTok LIVE and TikTok Shop initiatives.
1A.6 “Manager” means any User who manages, recruits, or supports creators or related operations on or through the Services.
1A.7 “Affiliate” means any entity or person that controls, is controlled by, or is under common control with Infinitum, or any third party that collaborates with Infinitum under contract.
1A.8 “User Content” means any information, media, or data a User uploads, posts, transmits, or otherwise provides through the Services.
1A.9 “Infinitum Materials” means all proprietary content, templates, policies, modules, software, data compilations, documentation, branding, and know-how owned or licensed by Infinitum.
1A.10 “Privacy Policy” means Infinitum’s published privacy notice(s), as updated from time to time.
1A.11 “Applicable Law” means all laws, regulations, and rules that apply to the use of the Services, including those of Pennsylvania (USA) and any other relevant jurisdiction.
1A.12 “Notice” means a communication delivered pursuant to Section Notices below.
SECTION 1B — PRIVACY & DATA-PROTECTION ACKNOWLEDGMENT
1B. Privacy and Data-Protection Acknowledgment
Use of any Infinitum Service is also subject to Infinitum’s Privacy Policy, which is incorporated by reference and forms an integral part of these Terms. By accessing or using the Services, you acknowledge that you have reviewed the Privacy Policy and consent to Infinitum’s processing of personal data as described therein and in Section 13 (Data Logging and Compliance Monitoring).
2. Binding Effect and Acceptance
Your participation in, interaction with, or access to any Infinitum platform, program, or service constitutes your full, unconditional, and continuing acceptance of these Terms and all related agreements, policies, and notices now or later in effect.
Acceptance and legal consent are deemed to occur when you, directly or indirectly:
Access or browse any Infinitum-owned or Infinitum-operated website, application, portal, dashboard, or affiliate page;
Create, register, or maintain an Infinitum account, profile, or user identity, whether for creator, manager, affiliate, or administrative use;
Submit, post, upload, or exchange any information, content, messages, media, or materials through Infinitum systems, platforms, or communication channels;
Participate, enroll, or otherwise engage in any Infinitum-managed initiative, including but not limited to the Diamond Incentive Program (D.I.P.), TikTok LIVE operations, TikTok Shop programs, or Favorited-brand programs;
Connect or integrate any external account, including social-media or payment services, with any Infinitum system or dashboard;
Receive payments, benefits, support, access, or services from Infinitum or its affiliates; or
Click, tap, type, or otherwise indicate “I Agree,” “Accept,” “Submit,” “Continue,” or any functionally equivalent acknowledgment within any Infinitum interface, form, or communication.
By performing any of the above actions, you confirm that:
You have read, understood, and agreed to be legally bound by these Terms and every incorporated policy or document, including the Infinitum Creator Network Master Agreement and Diamond Incentive Program Agreement, if applicable;
You understand and agree that your consent may be binding and enforceable with or without a handwritten signature, including through electronic acceptance or continued use;
You represent that you have the legal capacity and authority to enter into these Terms on your own behalf or, if applicable, on behalf of your organization or affiliated creators or managers;
You acknowledge that your continued use of any Infinitum service after any modification of these Terms constitutes ongoing acceptance of all updated or revised provisions effective as of their publication date; and
You accept that Infinitum may rely on your conduct and digital interactions, including login records, IP logs, submission data, timestamps, account activity, or other digital identifiers, as evidence of agreement and consent.
These Terms are binding upon all creators, managers, affiliates, partners, representatives, and visitors participating in or accessing Infinitum services across all Infinitum regions of operation, including but not limited to the United States, Canada, United Kingdom, Australia, New Zealand, Latin America (LATAM), and the Philippines, and shall supersede and replace any prior or conflicting Infinitum Terms, policies, or notices, whether written, digital, or implied.
Your acceptance of these Terms shall remain valid and enforceable for as long as you continue to access or benefit from any Infinitum service, content, program, or network, and shall survive the termination or suspension of your participation where expressly stated in these Terms or incorporated agreements.
3. Global Applicability
These Terms are intended to operate with global reach and uniform effect across every territory in which Infinitum conducts activities or provides access to its platforms, services, or programs. Your relationship with Infinitum and your use of any Infinitum website, application, or system are expressly worldwide in scope, binding you regardless of:
- your nationality, citizenship, residence, or place of incorporation;
- the geographic location, jurisdiction, or device from which you access Infinitum services; or
- the currency, language, or market in which you participate in Infinitum-managed programs.
3.1 Universal Coverage by Region and Operation
These Terms govern every Infinitum brand, branch, and regional operation, including without limitation:
- TikTok LIVE Programs administered through Infinitum in the United States, Canada, United Kingdom, Australia, New Zealand, Latin America (LATAM — Mexico, Central America, South America, and the Caribbean), and the Philippines;
- TikTok Shop Programs managed in the United States and Philippines;
- Favorited Platform Programs operated within the United States; and
- all related global or regional entities including Infinitum Imagery LLC, Infinitum_US, Infinitum_UK, Infinitum_AU, Infinitum_PH, Infinitum_LATAM, Infinitum Imagery Limited, Infinitum LIVE Creator Network, and Infinitum LIVE Agency.
Each of these entities functions as part of the single Infinitum corporate family, and participation in any of them constitutes consent to be bound by this unified global agreement.
3.2 Uniform Legal Framework
Regardless of where services are accessed or delivered, you agree that:
- these Terms and every related Infinitum policy form one universal contractual framework;
- Infinitum’s rights and obligations are interpreted under a single governing law to maintain consistency across all territories; and
- no local custom, data-hosting location, or regional language variation alters the binding nature of these Terms.
3.3 Voluntary Participation and Choice of Law
Your participation in any Infinitum program is voluntary. By choosing to access or use Infinitum services, you expressly consent that your relationship with Infinitum shall be governed solely by these Terms and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to any conflict-of-law rules or principles that might otherwise apply a different jurisdiction’s laws.
This choice of law ensures a consistent interpretation and enforcement of these Terms throughout all Infinitum regions. You acknowledge that Pennsylvania law provides the exclusive governing framework for all rights and obligations arising from or relating to your use of Infinitum services, wherever you may reside or operate.
3.4 Global Consistency and Enforcement
Infinitum may enforce these Terms in any jurisdiction where it operates or where its intellectual property, partners, or affiliates are located. Nothing in this Section limits Infinitum’s right to pursue remedies or injunctive relief internationally to protect its interests or ensure compliance.
These Terms therefore maintain equal validity and effect in every region, ensuring that all creators, managers, affiliates, partners, and visitors worldwide are subject to the same obligations, protections, and standards of conduct under a single, cohesive legal framework.
4. Automatic Modification and Retroactive Application
4.1 Right to Modify, Amend, or Replace
Infinitum reserves the absolute and unrestricted right, at its sole discretion, to modify, revise, amend, restate, supplement, or replace these Terms, as well as any linked or incorporated policy, agreement, disclosure, or notice,
at any time and for any reason it deems necessary.
Such changes may be made:
- to comply with evolving laws, regulations, or platform requirements (including TikTok, TikTok Shop, or Favorited policies);
- to reflect modifications in Infinitum’s business operations, regional structures, or service offerings;
- to enhance clarity, enforceability, or legal protection; or
- for any other legitimate operational or administrative reason.
Infinitum may, but is not obligated to, provide individual notice of updates. Notice may be given through any reasonable means, including publication on an Infinitum website, update within a dashboard or portal, system notification, email broadcast, or other digital communication.
4.2 Effective Date and Scope of Amendments
Unless expressly stated otherwise, any modification, revision, or replacement of these Terms shall:
• Take effect upon publication or availability through an Infinitum-managed channel or platform;
• Apply prospectively from the effective date of publication, except to the extent applicable law permits clarification, correction, or restatement of existing provisions; and
• Bind all users, creators, managers, affiliates, and partners who continue to use, access, or benefit from Infinitum services after publication.
4.3 User Duty to Remain Informed
You acknowledge and agree that it is solely your responsibility to stay informed of any updates to these Terms and any related agreements. Infinitum encourages users to regularly review the Terms available on its official websites and platforms to ensure continued compliance.
Your ongoing access or use of Infinitum websites, dashboards, tools, services, programs, or networks after any update—without requiring further notice, acknowledgment, or signature—constitutes your irrevocable and conclusive acceptance of the revised Terms, including all revised provisions.
4.4 Continuity of Legal Effect
All modifications, clarifications, or restatements issued under this Section shall be deemed to amend and fully replace any conflicting or previous versions of the Terms and related policies worldwide.
For avoidance of doubt:
- The most recently published version of these Terms is the only legally binding and enforceable version.
- All prior understandings, representations, or printed or digital copies of previous Terms are superseded in their entirety.
- Acceptance of updates does not require additional action from you; continued use alone constitutes affirmative consent and ratification of every change.
Infinitum may rely upon digital records (such as access logs, submission timestamps, and platform interactions) as proof of acceptance and acknowledgment of all modifications to these Terms.
5. Intellectual Property Rights
5.1 Ownership and Scope
All websites, systems, materials, designs, text, graphics, logos, icons, photographs, videos, audio clips, data compilations, databases, source code, object code, software, user interfaces, trade dress, business processes, documentation, templates, policies, agreements, and every other form of creative or functional work made available through or in connection with Infinitum Imagery LLC, its regional branches, and affiliated entities—including but not limited to Infinitum LIVE Creator Network, Infinitum LIVE Agency, Infinitum_US, Infinitum_UK, Infinitum_AU, Infinitum_PH, Infinitum_LATAM, Infinitum Shop Agency, Infinitum Favorited Agency, and Infinitum Imagery Limited—(collectively, “Infinitum”)—constitute proprietary and confidential materials (the “Infinitum Materials”).
All right, title, and interest in and to the Infinitum Materials, including all associated copyrights, trademarks, service marks, trade secrets, patents, know-how, and other intellectual-property rights, are and shall remain the exclusive property of Infinitum or its authorized licensors. Nothing in these Terms shall be construed as transferring, assigning, or granting ownership of any intellectual-property right to you or to any third party.
5.2 License and Permitted Use
Subject to your strict compliance with these Terms, Infinitum grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view Infinitum Materials solely for your lawful, personal, and non-commercial use, and only for the duration of your authorized participation in Infinitum programs.
This license does not include any rights to:
- reproduce, copy, modify, alter, translate, create derivative works from, publicly display, perform, distribute, or otherwise exploit any Infinitum Materials in any medium or form;
- remove, obscure, or modify any copyright, trademark, or proprietary-rights notice;
- use any Infinitum trademark, service mark, logo, or branding element in a way that implies affiliation, endorsement, or sponsorship without prior written authorization;
- reverse-engineer, decompile, disassemble, or otherwise attempt to derive any source code, framework, or trade secret embodied in Infinitum systems or software; or
- download, mirror, or systematically archive any portion of Infinitum websites or databases for commercial or competitive use.
All rights not expressly granted under this license are reserved by Infinitum and its licensors.
5.3 Restrictions and Prohibited Conduct
You agree that you shall not, directly or indirectly:
- copy or replicate any Infinitum document, policy, or creative work in whole or in part;
- reproduce Infinitum’s digital materials for use in competing or related networks, agencies, or services;
- sell, lease, license, publish, transmit, or otherwise distribute any Infinitum Materials to third parties;
- use Infinitum’s name, logos, or proprietary information to solicit creators, clients, or business opportunities; or
- modify, obscure, or tamper with the digital structure, formatting, or security mechanisms embedded in any Infinitum platform or file.
Any attempt to engage in such prohibited activity shall immediately terminate your license and may result in civil and criminal liability.
5.4 Enforcement and Remedies
Infinitum rigorously enforces its intellectual-property rights worldwide. You acknowledge and agree that any unauthorized use, reproduction, or dissemination of Infinitum Materials constitutes infringement and misappropriation of Infinitum’s proprietary rights.
Infinitum reserves the right to pursue all remedies available under applicable law, including but not limited to:
- Injunctive or equitable relief to stop or prevent unauthorized use or disclosure;
- Recovery of actual damages, including lost profits, unjust enrichment, and costs of investigation;
- Statutory damages where provided under national or international copyright law;
- Reimbursement of attorneys’ fees, court costs, and enforcement expenses; and
- Referral of matters to appropriate law-enforcement or regulatory authorities for criminal prosecution where warranted.
Infinitum’s enforcement rights extend across all jurisdictions in which it operates or where infringement occurs, and enforcement actions may be initiated in any competent court worldwide.
5.5 No Implied Rights
Except for the limited license expressly provided herein, no license, right, or interest is granted or implied by estoppel, course of dealing, or otherwise. Your access to Infinitum platforms confers no ownership interest or goodwill in any Infinitum trademark, brand, or proprietary material.
6. Prohibited Activities
6.1 General Prohibitions
To preserve the security, intellectual property, and operational integrity of Infinitum and its affiliates, you agree that you will not, under any circumstances, directly or indirectly:
- Copy, reproduce, capture, or distribute any Infinitum materials, documents, software modules, dashboards, spreadsheets, presentations, training programs, educational content, or any substantially similar works in any medium without express prior written authorization from Infinitum.
- Create, design, or operate any derivative or competitive network, agency, or organization that incorporates or relies upon any Infinitum proprietary systems, training methods, templates, educational content, compensation structures, or operational logic—whether in whole, in part, or in modified form.
- Sell, lease, license, sublicense, assign, or otherwise commercialize any Infinitum asset, content, or confidential material.
- Upload, post, or transmit any unlawful, defamatory, infringing, or misleading materials through or in connection with Infinitum platforms.
- Engage in automated or manual scraping, crawling, data-harvesting, or reverse-engineering of Infinitum websites, dashboards, or databases.
- Tamper with or bypass digital-rights management, security controls, or authentication systems protecting Infinitum’s proprietary software, spreadsheets, or web applications.
- Use Infinitum systems, data, or communications for fraudulent activity, spamming, deceptive recruitment, or unauthorized solicitation of creators, managers, or affiliates.
- Repurpose, translate, or rebrand Infinitum documents, guides, onboarding modules, or educational materials to appear as original or independently produced content.
- Disclose or share confidential or proprietary information obtained through Infinitum training, onboarding, or management systems with any third party or competing agency.
- Interfere with, disrupt, or attempt to compromise the technical operation or availability of any Infinitum system or network.
- Engage in any conduct that, in Infinitum’s sole determination, harms or could reasonably be expected to harm Infinitum’s reputation, goodwill, intellectual property, technological infrastructure, or business relationships.
6.2 Regional and Program-Specific Compliance
All prohibitions in this Section apply equally and without limitation to every Infinitum entity and regional operation, including Infinitum Imagery LLC, Infinitum_US, Infinitum_UK, Infinitum_AU, Infinitum_PH, Infinitum_LATAM, Infinitum Imagery Limited, Infinitum LIVE Creator Network, Infinitum LIVE Agency, Infinitum Shop Agency (United States and Philippines), and Infinitum Favorited Agency (United States).
You further agree to comply with all applicable laws, data-protection rules, and platform-partner policies (including those of TikTok LIVE, TikTok Shop, and Favorited) within each region of operation.
6.3 Consequences of Violation
Infinitum may, at its sole discretion and without notice:
- Suspend, restrict, or permanently terminate your account or access to any Infinitum service;
- Revoke or nullify any earnings, bonuses, or rewards obtained through unauthorized or prohibited conduct;
- Remove or disable offending content, data, or accounts;
- Pursue civil, administrative, or criminal proceedings in any jurisdiction; and
- Seek monetary damages, injunctive relief, and recovery of attorneys’ fees and enforcement costs to the fullest extent allowed by law.
Violations of this Section constitute material breach of these Terms and of any affiliated agreements. Infinitum’s enforcement rights are cumulative and may be exercised concurrently or successively.
6.4 Acknowledgment
You acknowledge that the educational resources, operational modules, dashboards, training programs, and compensation systems developed by Infinitum are the product of substantial investment and confidential know-how. Any unauthorized copying, adaptation, or use of those materials for personal, competitive, or third-party benefit is expressly prohibited and will be treated as intentional intellectual-property misappropriation.
Your compliance with these restrictions is a fundamental condition of your right to access and use Infinitum platforms and services. Any breach may result in immediate termination and legal action.
7. User Content
7.1 Definition and Scope
“User Content” refers to any and all information, text, images, videos, audio, documents, data files, live-stream recordings, comments, feedback, messages, graphics, or other material or communications that you upload, submit, post,
broadcast, share, store, or otherwise make available through or in connection with any Infinitum service, platform, or program.
User Content includes, without limitation, materials submitted during onboarding, training, campaign participation, event registration, analytics reporting, feedback forms, or digital communications conducted through Infinitum’s
websites, dashboards, or affiliated systems.
7.2 License Grant to Infinitum
By uploading or otherwise making any User Content available, you automatically grant to Infinitum Imagery LLC and all its global subsidiaries, affiliates, successors, and assigns an irrevocable, perpetual, worldwide, royalty-free, fully-paid, transferable, and sublicensable license to:
- use, host, store, reproduce, adapt, modify, translate, publicly display, perform, publish, broadcast, distribute, and otherwise make use of your User Content in any media or format, now known or later developed;
- combine, edit, excerpt, or adapt such materials for promotional, archival, analytic, or operational purposes, including but not limited to marketing campaigns, social-media placements, performance dashboards, internal education, or compliance documentation; and
- sublicense these rights to third-party service providers, business partners, and affiliated brands as needed to operate Infinitum’s networks and programs.
This license survives termination of your participation and continues for so long as Infinitum retains copies or archives of the User Content.
7.3 Ownership and Responsibility
You retain ownership of any original intellectual-property rights that you hold in your User Content, subject to the license granted above. You acknowledge and agree that:
- You are solely and fully responsible for the accuracy, legality, originality, and appropriateness of all User Content that you create or submit.
- You represent and warrant that your User Content does not and will not infringe, misappropriate, or violate any third-party rights—including copyrights, trademarks, trade secrets, privacy rights, publicity rights, or contractual obligations.
- You further represent that your submissions comply with all applicable laws, community standards, and platform-partner guidelines, including those of TikTok LIVE, TikTok Shop, and Favorited.
- Infinitum assumes no liability for and expressly disclaims responsibility for the content, integrity, or accuracy of any User Content provided by users or third parties.
7.4 Use and Display by Infinitum
Infinitum may, at its sole discretion:
- feature, repost, highlight, or otherwise display your User Content on any Infinitum-controlled platform, website, marketing channel, or partner network;
- use your name, username, likeness, or profile information in connection with such display;
- reproduce and adapt your User Content for training, auditing, statistical, or promotional materials; and
- retain archived copies of any User Content indefinitely for legal, operational, or compliance purposes.
No monetary or credit obligation arises from Infinitum’s use of User Content unless expressly agreed to in a separate written contract.
7.5 Right to Monitor, Remove, or Restrict
Infinitum reserves the unrestricted right—but not the obligation—to monitor, review, edit, remove, disable access to, or permanently delete any User Content that:
- appears to violate these Terms or any applicable law;
- infringes intellectual-property or privacy rights;
- contains offensive, defamatory, or harmful material; or
- in Infinitum’s judgment, poses a reputational, operational, or legal risk.
Infinitum may also cooperate with law-enforcement or regulatory authorities by providing information and data relating to User Content as permitted by law.
7.6 Waiver of Moral Rights
To the fullest extent permitted by applicable law, you waive any “moral rights” or similar rights of authorship that you may hold in your User Content (including the right to attribution or to object to modifications), and you agree that Infinitum may edit, adapt, or use such content without restriction or obligation to notify you.
7.7 Indemnification for User Content
You agree to indemnify and hold harmless Infinitum and its affiliates from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, its use by Infinitum, or any breach of your warranties and representations under this Section.
8. No Warranties
8.1 General Disclaimer
All Infinitum platforms, websites, applications, dashboards, programs, services, data, and materials (collectively, the “Services”) are provided strictly on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Access to and use of the Services are undertaken entirely at your own discretion and risk.
Infinitum Imagery LLC, together with its global affiliates, subsidiaries, and authorized partners (collectively, “Infinitum”), expressly disclaims to the maximum extent permitted by law all warranties, representations, conditions, and guarantees—whether express, implied, statutory, or arising by operation of law—including, without limitation:
- any warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
- any warranty concerning the accuracy, completeness, reliability, or timeliness of information, data, metrics, or analytics provided through Infinitum systems;
- any warranty that the Services will be uninterrupted, secure, error-free, virus-free, or compatible with any hardware, device, operating system, or browser; and
- any warranty that defects or malfunctions will be corrected or that Infinitum’s servers or communications will remain continuously operational.
8.2 Operational and Third-Party Dependencies
Infinitum relies on third-party platforms, networks, and APIs—including but not limited to TikTok LIVE, TikTok Shop, Favorited, and their associated systems—for portions of its Services. Infinitum makes no warranty or representation of any kind regarding the continued availability, performance, integration, or reliability of any third-party platform, and shall not be responsible for downtime, errors, or changes within those external systems.
Infinitum does not guarantee that:
- any metric, analytic, payout, or performance data displayed through its dashboards reflects exact or current third-party values;
- any incentive, reward, or payment structure will remain unchanged; or
- any external service provider, social-media platform, or payment processor will continue to operate or cooperate with Infinitum indefinitely.
8.3 No Professional Advice or Reliance
All data, reports, communications, training, or educational materials provided through Infinitum are for informational purposes only and do not constitute professional, legal, financial, or tax advice. You should consult your own qualified advisors before relying on any Infinitum material or making decisions that could have legal or financial consequences.
Infinitum assumes no responsibility for actions taken or not taken based on information obtained through its Services.
8.4 User Acknowledgment of Risk
By using any Infinitum Service, you acknowledge and agree that:
- You assume full responsibility for evaluating the accuracy, completeness, and usefulness of all information or content made available through Infinitum.
- Infinitum shall not be liable for loss of earnings, profits, data, business, goodwill, or reputation resulting from system errors, outages, or reliance on Infinitum content.
- No statement, representation, or communication—whether oral, written, or digital—made by any Infinitum representative or affiliate creates any warranty or guarantee unless expressly set forth in a written contract signed by an authorized Infinitum executive.
8.5 Jurisdictional Limitation of Disclaimers
Some jurisdictions do not allow the exclusion of certain warranties or conditions. To the extent such limitations apply, the exclusions set forth herein shall be enforced to the maximum extent permitted by applicable law, and Infinitum’s total warranty obligation shall be limited to the minimum statutory requirement, if any.
9. Limitation of Liability
9.1 General Limitation
To the maximum extent permitted by applicable law, Infinitum Imagery LLC, its parent companies, subsidiaries, regional entities, affiliates, successors, assigns, licensors, partners, service providers, and each of their respective officers, directors, managers, employees, agents, contractors, and representatives (collectively referred to as “Infinitum”) shall not be liable to you or to any third party for any form of loss or damage—whether direct, indirect, incidental, consequential, exemplary, punitive, special, or otherwise—arising out of, resulting from, or in connection with:
- your access to, use of, inability to use, or performance of any Infinitum service, system, website, application, program, or feature;
- any errors, omissions, interruptions, deletions, defects, delays, malfunctions, or failures in the transmission, operation, or performance of Infinitum’s services or data;
- any reliance placed on information, analytics, metrics, or materials provided through Infinitum;
- any loss of earnings, profits, business opportunities, reputation, data, goodwill, or anticipated revenue, whether direct or indirect;
- any unauthorized access to or alteration of transmissions, data, or communications, even if such access arises from third-party misconduct or system compromise;
- any acts, omissions, or content of third parties, including but not limited to social-media platforms (such as TikTok LIVE, TikTok Shop, or Favorited), vendors, payment processors, or partner networks;
- any termination, suspension, or modification of your account, dashboard, access, or participation;
- any viruses, malware, security breaches, or harmful components transmitted through Infinitum systems or by external platforms; or
- any other matter relating in any way to your use of Infinitum services, participation in Infinitum programs, or engagement with affiliated platforms.
This limitation applies regardless of whether the alleged damages arise in contract, tort, negligence, strict liability, or any other legal theory—even if Infinitum has been advised of or should have been aware of the possibility of such damages.
9.2 Aggregate Liability Cap
Without limiting the foregoing, to the fullest extent permitted by law, Infinitum’s total aggregate liability to you for any and all claims, actions, or causes of action arising out of or related to these Terms or your use of Infinitum services—whether in contract, tort, warranty, or otherwise—shall not exceed one hundred U.S. dollars (USD $100) or the total amount you have paid to Infinitum (if any) during the six (6) months immediately preceding the event giving rise to the claim, whichever is greater.
You acknowledge that this limitation reflects a reasonable allocation of risk and forms an essential basis of the bargain between you and Infinitum.
9.3 Exclusion of Indirect and Special Damages
In no event shall Infinitum be liable for:
- loss of profits, revenues, or expected savings;
- loss of data, business interruption, or replacement costs;
- loss of goodwill, reputation, or other intangible losses;
- damages arising from delays, service interruptions, or system incompatibilities; or
- damages resulting from decisions made, actions taken, or inaction by you or third parties based on any information or materials obtained through Infinitum systems.
9.4 External Services Disclaimer
Infinitum shall not be responsible or liable for any failure, defect, error, or unavailability caused by third-party systems, including but not limited to TikTok, TikTok Shop, Favorited, or other external APIs, platforms, or payment
processors.
Any risk associated with reliance on such external systems rests solely with you.
9.5 Sole and Exclusive Remedy
If you are dissatisfied with any Infinitum product, service, platform, program, feature, or policy, your sole and exclusive remedy—to the extent legally permissible—is to discontinue use of the affected service or to terminate your
relationship with Infinitum.
No oral or written communication, representation, or advice provided by Infinitum or any of its agents shall create any additional warranty or obligation or modify the limitations stated in this Section.
9.6 Jurisdictional Limitations
Certain jurisdictions may not allow the exclusion or limitation of liability for certain types of damages.
In such cases, the limitations set forth herein shall apply to the fullest extent permitted under applicable law, and Infinitum’s liability shall be reduced only to the minimum extent required by statute.
9.7 Continuing Application
All limitations of liability and exclusions of damages described in this Section survive and remain fully enforceable even after the termination, expiration, or suspension of your access to Infinitum services.
10. Indemnification
10.1 General Obligation
You agree to defend, indemnify, and hold harmless Infinitum Imagery LLC, its parent entities, subsidiaries, affiliates, successors, assigns, and all related business units and brands—including Infinitum LIVE Creator Network, Infinitum LIVE Agency, Infinitum_US, Infinitum_UK, Infinitum_AU, Infinitum_PH, Infinitum_LATAM, Infinitum Shop Agency, Infinitum Favorited Agency, and Infinitum Imagery Limited—together with each of their respective officers, directors, managers, employees, agents, contractors, partners, licensors, and representatives (collectively, “Infinitum”) from and against any and all:
- claims, demands, complaints, or causes of action;
- liabilities, losses, or damages (whether actual, consequential, or statutory);
- costs, penalties, fines, or settlements; and
- reasonable attorneys’ fees and expenses of investigation or defense,
arising out of or in any way connected with:
- your access to or use of Infinitum services, websites, platforms, or programs;
- your participation in any Infinitum initiative, event, campaign, or incentive program, including but not limited to the Diamond Incentive Program (D.I.P.);
- any User Content you create, upload, distribute, or make available through Infinitum systems;
- any breach or alleged breach by you of these Terms or any incorporated policy, guideline, or agreement;
- any violation of applicable law or regulation, including intellectual property, privacy, tax, and data-protection laws;
- any infringement or misappropriation of the rights of any third party, including copyrights, trademarks, trade secrets, privacy, publicity, or contractual rights;
- any unauthorized or improper use of Infinitum’s proprietary materials, modules, educational content, or brand assets;
- any misrepresentation, negligence, misconduct, or omission on your part in connection with your use of Infinitum services; or
- any claim brought by a creator, manager, affiliate, or third party arising out of or relating to your conduct under these Terms.
10.2 Defense and Control of Claims
Infinitum reserves the exclusive right, at its sole discretion and expense, to assume the full defense and control of any matter subject to indemnification under this Section.
You agree to fully cooperate with Infinitum in the defense or settlement of any such claim, including providing access to relevant information, documents, systems, and witnesses as reasonably requested.
You shall not settle, compromise, or consent to any judgment regarding any claim without the prior written consent of Infinitum, which may be withheld at Infinitum’s discretion.
10.3 Continuing Obligation
Your obligations to defend, indemnify, and hold harmless Infinitum:
- are continuing and ongoing, surviving the termination, expiration, or suspension of these Terms or your access to Infinitum services;
- apply globally to actions or claims brought in any jurisdiction or venue; and
- extend to claims arising after your participation or use of Infinitum services has ended, if such claims relate to actions or omissions that occurred during your period of participation.
10.4 Remedies Not Exclusive
The rights and remedies of Infinitum under this Section are in addition to, and not in lieu of, any other rights or remedies available to Infinitum under these Terms, at law, or in equity. Infinitum’s exercise of any one remedy does not preclude or waive the availability of any other remedy or relief.
11. Linked Agreements and Copyright Protection
11.1 Incorporation of Related Agreements; Creator Agreement; Diamond Incentive Program Terms
By visiting, accessing, registering for, applying to, participating in, or using any Infinitum-owned or Infinitum-operated property—including but not limited to Infinitum LIVE Creator Network, Infinitum LIVE Agency, Infinitum_US, Infinitum_UK, Infinitum_AU, Infinitum_PH, Infinitum_LATAM, Infinitum Imagery Limited, Infinitum Shop Agency, and Infinitum Favorited Agency—as well as any website, application, dashboard, portal, community, Discord server, tool, program, service, or digital environment operated under the Infinitum name, you expressly acknowledge and agree that these Terms incorporate by reference all other Infinitum legal instruments, policies, schedules, disclosures, and agreements now existing or later issued, including without limitation:
• The Infinitum LIVE Creator Network Unified Global Creator Agreement and Diamond Creator Incentive Contract Agreement, Version ID: INF-GLOBAL-CREATOR-DIP-2026-06-13-GL-R1 & together with any plain-language summary made available for convenience only;
• The Diamond Incentive Program (“D.I.P.”) Agreement, Bonus Schedule, and all related schedules, campaign rules, payout criteria, eligibility requirements, and program materials;
• Infinitum’s Privacy Policy;
• All future policies, program addenda, operational requirements, compliance standards, and amendments issued by Infinitum; and
• Any supplemental terms governing use of specialized Infinitum systems, platforms, communities, dashboards, onboarding tools, CRM systems, management systems, content portals, Discord communities, and successor products, including but not limited to iView, InfiniView, Infinitum Onboarding, iBoard, Infinitum CRM, and any future Infinitum-operated systems.
The Creator Agreement is incorporated into these Terms by reference and shall be made available through an Infinitum-designated website, agreement repository, dashboard, onboarding system, application process, or other official Infinitum channel.
If you are a creator, creator applicant, participant, affiliate creator, manager, recruiter, moderator, contractor, volunteer, or participant in any Infinitum creator-related program, including the Diamond Incentive Program (“D.I.P.”), you expressly acknowledge and agree that your participation is governed by the Creator Agreement in addition to these Terms.
By checking any agreement box, clicking “I Agree,” “Accept,” “Continue,” “Join,” “Submit,” or any similar acknowledgment, submitting an application, joining or remaining affiliated with an Infinitum creator network, participating in D.I.P., accessing creator dashboards, receiving creator support, accepting any Infinitum benefit, or continuing participation after publication of updated terms, you confirm and agree that:
A) You have been provided access to the Creator Agreement prior to acceptance;
B) You have had a reasonable opportunity to review the Creator Agreement and any incorporated documents;
C) You understand that the Creator Agreement is legally binding and enforceable;
D) You agree to be bound by the Creator Agreement and all incorporated policies;
E) You agree that the Creator Agreement governs creator participation, D.I.P. eligibility, compliance reviews, payment reviews, confidentiality obligations, conduct requirements, creator protections, post-affiliation obligations, and related matters; and
F) You understand that if you do not agree to the Creator Agreement, you may not participate in Infinitum creator programs, creator networks, D.I.P., or related creator services.
Your access to, participation in, or continued use of any Infinitum property constitutes acknowledgment and acceptance of all incorporated agreements as part of a single, unified, global contractual relationship between you and Infinitum.
Your continued participation following publication of updates constitutes acceptance of the then-current version of all incorporated agreements and policies.
In the event of any conflict between these Terms and the Creator Agreement regarding creator participation, Diamond Incentive Program eligibility, creator conduct, payout eligibility, payment reviews, creator protections, creator withdrawal, confidentiality, restrictive covenants, non-solicitation, network protection, dispute resolution, or other creator-specific matters, the Creator Agreement shall control to the extent of the conflict.
11.1.1 Optional Participation in the Diamond Incentive Program (D.I.P.)
Participation in the Diamond Incentive Program (“D.I.P.”) is optional unless otherwise expressly stated by Infinitum in writing.
A creator may elect to decline participation in D.I.P. during registration, onboarding, account creation, agreement acceptance, or at any later time by providing notice through an Infinitum-approved method.
If a creator elects to decline D.I.P.:
A) The creator shall not be enrolled in D.I.P.;
B) The creator shall not be eligible to receive D.I.P. bonuses, incentive payments, rewards, promotions, campaigns, or other benefits that are exclusively tied to D.I.P. participation;
C) Any D.I.P.-specific obligations, eligibility requirements, performance standards, payout criteria, and program rules shall not apply to that creator unless the creator later elects to participate and is accepted into the program;
D) The creator may continue to participate in Infinitum programs, communities, services, educational resources, creator support systems, and other non-D.I.P. offerings, subject to applicable eligibility requirements; and
E) All other provisions of these Terms, the Creator Agreement, Privacy Policy, confidentiality obligations, intellectual property protections, conduct requirements, dispute resolution provisions, and any other incorporated agreements shall remain fully valid, binding, and enforceable.
Declining D.I.P. participation does not terminate, invalidate, rescind, or otherwise affect the creator’s acceptance of these Terms, the Creator Agreement, or any other applicable Infinitum policies and agreements.
A creator who previously declined D.I.P. may request enrollment in D.I.P. at a later date, subject to Infinitum’s then-current eligibility requirements, program rules, approval processes, and participation terms.
11.2 Copyright and Proprietary Protection
All Infinitum documents, educational modules, dashboards, operational frameworks, marketing materials, videos, written content, visual designs, databases, data compilations, source code, and all other creative or functional works made
available by Infinitum in any form are collectively referred to as the “Infinitum Materials.”
The Infinitum Materials are the exclusive property of Infinitum or its licensors and are protected under United States copyright law, international copyright treaties, and global intellectual-property conventions.
11.3 Restrictions on Use and Derivative Works
You may not, without Infinitum’s prior written authorization:
- Copy, reproduce, republish, modify, adapt, translate, mirror, or distribute any Infinitum Materials, in whole or in part, whether physically or digitally;
- Create derivative or substantially similar works, agencies, programs, or networks based on Infinitum’s proprietary documents, onboarding materials, educational content, operational structures, or compensation frameworks;
- Transmit, sell, license, lease, or otherwise commercialize Infinitum Materials or make them available to competitors, affiliates, or third parties; or
- Reproduce or incorporate any Infinitum text, chart, policy language, or visual elements into your own materials, contracts, or public content, regardless of modification or paraphrasing.
11.4 Enforcement and Remedies
Infinitum rigorously protects its intellectual property and reserves all rights to pursue remedies for infringement or misuse.
Any unauthorized use, copying, reproduction, distribution, or substantial imitation of Infinitum Materials may entitle Infinitum, at its election, to pursue any and all remedies available under applicable law, including but not limited
to:
- Injunctive or equitable relief to immediately halt the infringing activity;
- Recovery of actual damages and lost profits, including disgorgement of any financial benefit obtained through infringement or unauthorized use;
- Statutory damages where available under U.S. or international law;
- Reimbursement of Infinitum’s legal fees, investigation expenses, and enforcement costs; and
- Referral to governmental or law-enforcement authorities for criminal prosecution in cases of willful or egregious infringement.
Infinitum may enforce these rights in any jurisdiction in which it conducts business or where infringement occurs, and enforcement actions may be initiated in multiple jurisdictions concurrently.
11.5 Continuing Effect
The rights and protections described in this Section apply to all Infinitum entities and persist indefinitely, surviving termination or expiration of these Terms and any relationship you have with Infinitum. Acceptance of this Section constitutes acknowledgment that Infinitum’s intellectual property is unique, proprietary, and integral to its global operations, and that unauthorized use or reproduction will cause Infinitum substantial and irreparable harm.
12. Enforcement and Legal Remedies
12.1 Right to Monitor and Investigate
Infinitum Imagery LLC and its worldwide subsidiaries, affiliates, and authorized representatives (“Infinitum”) retain the unrestricted right, but not the obligation, to monitor, audit, review, log, and investigate any and all activity
occurring within or related to Infinitum platforms, dashboards, websites, servers, communication channels, or associated third-party integrations.
Such monitoring may include technical, administrative, or legal review of user accounts, access records, metadata, and transmitted or stored content to verify compliance with these Terms, enforce Infinitum’s intellectual-property
rights, and detect fraudulent, abusive, or unlawful conduct.
Infinitum may employ automated systems, internal audits, and human review to identify violations and may share findings with law-enforcement, regulators, or partner platforms when legally permitted or required.
12.2 Authority to Enforce
Infinitum expressly reserves every lawful right and remedy available under local, state, federal, and international law to protect its intellectual property, trade secrets, confidential information, business reputation, contractual relationships, and technological infrastructure. Enforcement actions may include, without limitation:
- Issuing cease-and-desist notices and digital-takedown requests;
- Suspending, restricting, or terminating user accounts, dashboards, or platform access;
- Freezing or revoking earnings, incentives, or rewards obtained through violation of these Terms or misuse of Infinitum systems;
- Reporting misconduct to relevant governmental authorities, platform partners (including TikTok LIVE, TikTok Shop, and Favorited), and affiliated networks;
- Commencing civil actions for damages, injunctive relief, or equitable remedies; and
- Seeking criminal prosecution where conduct constitutes fraud, theft, or intentional infringement.
12.3 Civil and Equitable Relief
You acknowledge and agree that any violation or threatened violation of Infinitum’s rights—particularly unauthorized copying, disclosure, or use of proprietary systems, educational modules, or business data—would cause immediate and
irreparable harm for which monetary damages alone would be inadequate.
Accordingly, Infinitum shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies in any competent court, without the need to post bond or prove actual damages,
in addition to pursuing all other available legal or statutory remedies.
12.4 Recovery of Damages and Costs
In any enforcement proceeding, Infinitum may recover:
- actual and consequential damages;
- any profits gained or losses avoided by the offending party;
- statutory or punitive damages where authorized by law; and
- reimbursement of all reasonable attorneys’ fees, expert fees, court costs, investigative expenses, and enforcement-related costs.
These remedies are cumulative and non-exclusive, meaning Infinitum may pursue one or several simultaneously.
12.5 Global Jurisdiction and Cooperation
Infinitum may initiate or coordinate enforcement actions in any jurisdiction where it conducts business, where its intellectual property is registered, or where a violation occurs.
You agree to cooperate fully with Infinitum in any investigation or proceeding, including by providing relevant documents, testimony, or digital evidence as reasonably requested.
Infinitum may also enforce these Terms through arbitration, civil litigation, or cross-border actions in coordination with partner agencies or law-enforcement entities as necessary.
12.6 Survival of Enforcement Rights
All rights and remedies under this Section shall survive termination, expiration, or suspension of your access to Infinitum services and remain enforceable indefinitely with respect to conduct that occurred during or after your participation.
13. Data Logging and Compliance Monitoring
13.1 Consent to Data Collection and Retention
By accessing, visiting, or using any Infinitum website, platform, program, or service, you expressly acknowledge and consent to Infinitum Imagery LLC and its global affiliates (collectively, “Infinitum”) collecting, recording, storing,
analyzing, and retaining data and metadata derived from your interactions with any Infinitum system.
This includes, but is not limited to, the collection and retention of:
- IP addresses, device identifiers, and geolocation data;
- Session logs, access times, timestamps, and activity histories;
- Communications transmitted through Infinitum systems, including messages, emails, submissions, and support requests;
- Account registration details, authentication logs, and credential verification records;
- Browser fingerprints, cookies, analytics data, and telemetry gathered through Infinitum-owned or third-party tools; and
- System integrity logs and transaction records reflecting your use of Infinitum dashboards, management portals, or affiliated services.
This data is retained for verification, fraud detection, account management, performance tracking, compliance assurance, and the protection of Infinitum’s intellectual property and network infrastructure.
13.2 Purpose and Scope of Monitoring
Infinitum may use automated and manual monitoring, artificial intelligence systems, and human review to:
- Authenticate users and devices accessing Infinitum systems;
- Detect and prevent fraud, spam, unauthorized access, or abuse of Infinitum’s digital properties;
- Identify and investigate potential violations of these Terms, Infinitum’s policies, or applicable law;
- Preserve evidence of user conduct for operational, legal, or compliance purposes;
- Protect Infinitum’s proprietary systems, intellectual property, and business operations;
- Maintain security and performance of Infinitum platforms and servers; and
- Support audits, investigations, and enforcement actions internally or in cooperation with law enforcement or regulatory bodies.
Monitoring may occur in real time or retrospectively, and Infinitum may correlate data across multiple platforms, including Infinitum LIVE Creator Network, InfiniView, iView, Infinitum Onboarding, Infinitum’s official Discord communities, and any successor tools or digital products.
13.3 Data Retention and Security
Infinitum maintains robust administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of all data collected.
Collected information may be retained for as long as necessary to:
- fulfill the purposes described in this Section;
- comply with applicable legal and regulatory obligations;
- preserve evidence for ongoing or potential disputes; and
- ensure ongoing operational integrity of Infinitum’s systems.
Infinitum reserves the right to store such data on secure servers located within or outside the user’s country of residence, including in the United States, the United Kingdom, Australia, New Zealand, Philippines, Latin America (LATAM), or other regions where Infinitum operates, subject to applicable data-transfer laws and international privacy standards.
13.4 Data Sharing and Disclosure
Infinitum may share or disclose digital interaction data only as necessary and permitted under applicable law, including:
- with internal teams, subsidiaries, and affiliates for operational, compliance, and investigative purposes;
- with third-party vendors or cloud-service providers acting as Infinitum’s data processors under strict confidentiality and security obligations;
- with regulatory authorities, courts, or law-enforcement agencies when legally required or in connection with enforcement actions; and
- with platform partners such as TikTok, TikTok Shop, and Favorited, where such data sharing is essential to verify program participation or enforce network policies.
Infinitum does not sell or monetize user data for advertising purposes.
13.5 Compliance with Privacy Laws
Infinitum processes and protects all data consistent with applicable U.S. federal and state privacy laws, the EU General Data Protection Regulation (GDPR), the UK Data Protection Act 2018, the Philippine Data Privacy Act, and all comparable
international data-protection frameworks.
Infinitum’s detailed practices are further outlined in its Privacy Policy, which is incorporated by reference into these Terms.
By continuing to use Infinitum services, you confirm that you have read and understood the Privacy Policy and consent to Infinitum’s data-handling and monitoring activities as described therein.
13.6 Retention of Proof and Legal Admissibility
Infinitum’s system logs, access records, and digital archives may be used as legally admissible evidence in investigations, audits, or legal proceedings to verify user actions, compliance, or violations.
You acknowledge that Infinitum’s records constitute prima facie proof of the facts and activities recorded within its systems.
13.7 Continuing Consent
Your consent to Infinitum’s data collection, monitoring, and retention is continuing and irrevocable for as long as you maintain access to or benefit from any Infinitum service, and such consent shall survive termination or expiration of your participation for purposes of enforcement, recordkeeping, and legal compliance.
14. Severability and Survival
14.1 Severability of Provisions
If any clause, paragraph, sentence, sub-paragraph, word, or provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable—in whole or in part—such provision shall be interpreted, modified, or limited to the minimum extent necessary to reflect the original intent of the Parties and to render it valid and enforceable under applicable law.
Where modification is not possible, the offending provision shall be severed entirely, and the remaining provisions shall remain in full force and effect as if the invalid or unenforceable portion had never been included. No determination of invalidity or unenforceability shall affect the validity or enforceability of any other portion of these Terms or of any other agreement incorporated by reference.
14.2 Preservation of Intent
Each section, clause, and obligation herein is independent and cumulative. The Parties expressly agree that it is their intent for all lawful provisions to survive and to be interpreted so as to carry out the spirit, objectives, and commercial purpose of these Terms to the fullest extent permitted by law.
14.3 Survival of Key Provisions
Without limiting the generality of the foregoing, the following provisions—and all associated rights and obligations—shall survive the termination, expiration, suspension, or cancellation of your access to Infinitum services for any reason and shall remain fully enforceable indefinitely:
- Section 5 – Intellectual Property Rights
- Section 6 – Prohibited Activities
- Section 7 – User Content
- Section 8 – No Warranties
- Section 9 – Limitation of Liability
- Section 10 – Indemnification
- Section 11 – Linked Agreements and Copyright Protection
- Section 12 – Enforcement and Legal Remedies
- Section 13 – Data Logging and Compliance Monitoring
- Any other provisions which by their nature or express language are intended to survive termination or continue to impose duties, rights, or restrictions thereafter.
These surviving sections shall continue to bind both Parties and shall remain effective to ensure protection of Infinitum’s proprietary interests, confidentiality obligations, and legal remedies even after your participation or relationship with Infinitum has ended.
14.4 Continuing Enforcement
No termination or expiration of these Terms shall release you from any accrued obligations or liabilities incurred prior to the effective date of termination. Infinitum retains full authority to pursue enforcement, recovery, or remedies for any breach that occurred before or after such termination.
15. No Waiver
15.1 Non-Waiver of Rights
No failure, delay, or omission by Infinitum Imagery LLC or any of its affiliates (collectively, “Infinitum”) to exercise, enforce, or insist upon strict performance of any term, right, or remedy under these Terms shall be deemed to constitute a waiver of such term, right, or remedy, nor shall it preclude or limit Infinitum’s ability to enforce that same term or any other provision at a later time.
A waiver of any breach or default shall apply only to the specific instance in which it is granted and shall not operate or be construed as a waiver of any subsequent breach or default, whether of the same or a different nature.
15.2 Written Requirement
No waiver, modification, or amendment of these Terms shall be effective unless it is in writing and signed or electronically executed by an authorized Infinitum representative. The burden of proving any alleged waiver rests solely upon the party asserting it.
16. Governing Law and Jurisdiction
16.1 Governing Law
These Terms, and any dispute, claim, or controversy arising out of or relating to them or to your use of any Infinitum product, service, platform, or program, shall be governed exclusively by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without regard to its conflict-of-law provisions or principles that might otherwise direct application of another jurisdiction’s laws.
This choice of law is intended to ensure a single, consistent framework for the interpretation and enforcement of all Infinitum agreements worldwide.
16.2 Exclusive Venue and Jurisdiction
Subject to Infinitum’s rights under Section 12 (Enforcement and Legal Remedies), you agree that any permissible legal or equitable proceedings—including but not limited to claims, suits, or causes of action arising out of or relating to these Terms—shall be brought exclusively before the state or federal courts located within the Commonwealth of Pennsylvania, specifically within Westmoreland County or the Western District of Pennsylvania.
You further agree and irrevocably submit to the personal jurisdiction and venue of such courts for all such proceedings, and you waive any objection based on inconvenient forum or lack of jurisdiction.
Infinitum retains the right, at its sole discretion, to pursue enforcement or injunctive relief in any other jurisdiction where infringement, breach, or unauthorized activity has occurred or where Infinitum maintains business operations, assets, or intellectual-property registrations.
16.3 International Application
These jurisdictional provisions apply globally to all Infinitum users, including those residing or operating in the United States, Canada, United Kingdom, Australia, New Zealand, Latin America (LATAM), and the Philippines, and to all Infinitum branches and affiliates. You acknowledge that enforcement of these Terms may occur across multiple jurisdictions as necessary to protect Infinitum’s legal and commercial interests.
17. Entire Agreement
17.1 Integration Clause
These Terms, together with all incorporated, referenced, and linked agreements, policies, and addenda—including, without limitation, the Infinitum Creator Network Master Agreement, Diamond Incentive Program (D.I.P.) Agreement, Privacy Policy, and all current and future Infinitum operational or platform terms—constitute the entire, final, and exclusive agreement between you and Infinitum regarding your access to and use of all Infinitum websites, platforms, dashboards, services, and programs.
They supersede and replace all prior or contemporaneous agreements, understandings, representations, and communications, whether oral, written, or digital, relating to the same subject matter.
17.2 No Reliance on Informal Representations
You acknowledge that you have not relied on any promise, assurance, statement, or representation—oral or otherwise—made by any Infinitum employee, manager, affiliate, or representative that is not expressly contained in these Terms
or in a duly executed written amendment authorized by Infinitum.
No email, chat message, or informal communication constitutes an official modification or waiver of these Terms.
17.3 Amendments and Supremacy
Infinitum reserves the right to amend or restate these Terms as provided in Section 4 (Automatic Modification and Retroactive Application).
In the event of any inconsistency between these Terms and another Infinitum policy or agreement, these Terms shall govern general website, platform, account, dashboard, and service use.
However, for creator-specific matters, including creator participation, Diamond Incentive Program eligibility, payout eligibility, payment reviews, creator conduct, creator withdrawal, confidentiality obligations, restrictive covenants, non-solicitation obligations, dispute resolution, and other creator-program matters, the Creator Agreement shall control to the extent of the conflict.
For Diamond Incentive Program matters, the D.I.P. Agreement, Bonus Schedule, and official program rules shall control only for creators who have accepted or enrolled in D.I.P.
17.4 Binding Effect
These Terms are binding upon and inure to the benefit of the Parties and their respective successors, heirs, and permitted assigns. No user may assign, delegate, or transfer any rights or obligations under these Terms without prior
written consent from Infinitum.
SECTION 18 — FORCE MAJEURE
18. Force Majeure
18.1 Excused Performance. Infinitum shall not be liable for any failure or delay in performance, in whole or in part, to the extent caused by events or circumstances beyond its reasonable control, including but not limited to: acts
of God; natural disasters; fires; floods; epidemics or pandemics; war; terrorism; civil unrest; labor disputes; governmental orders or restrictions; embargoes; power outages; Internet or telecommunications failures; denial-of-service
attacks; failures or changes by third-party platforms (including TikTok, TikTok Shop, Favorited) or service providers; or other similar events.
18.2 Mitigation. Infinitum will make commercially reasonable efforts to mitigate the effects of a Force Majeure Event and to resume performance as soon as reasonably practicable.
18.3 Service Modifications. During a Force Majeure Event, Infinitum may temporarily modify, suspend, or prioritize parts of the Services without liability.
SECTION 19 — TERMINATION
19. Termination
19.1 Termination by Infinitum. Infinitum may, at its sole discretion and without liability, suspend or terminate any User account, access, or participation in the Services at any time, with or without cause or notice, including
for suspected or actual breach of these Terms, risk to the platform or Users, or legal/compliance reasons.
19.2 Termination by User. You may terminate your use of the Services at any time by discontinuing access and, where applicable, closing your account(s).
19.3 Effect of Termination. Upon termination, all rights and licenses granted to you immediately cease, and you must stop using the Services and Infinitum Materials. Sections designated to survive (see Section 14) shall remain in
full force. Infinitum may retain and use records as permitted by Applicable Law and the Privacy Policy.
19.4 No Refunds. Unless expressly stated in a separate written agreement, Infinitum has no obligation to refund any fees, incentives, or amounts related to Services upon termination.
19.5 Reinstatement. Any reinstatement of access is at Infinitum’s sole discretion and may be subject to additional conditions.
SECTION 20 — NOTICES
20. Notices
20.1 Methods. Infinitum may provide Notices by: (a) posting within the Services or on an Infinitum website; (b) sending email to the address associated with your account; (c) dashboard or in-app message; or (d) mail or courier to
your last known address.
20.2 Effective Date of Notice. Notices are deemed given: (a) when posted within the Services; (b) when sent by email (unless Infinitum receives a bounce-back); (c) when delivered via dashboard/in-app message; or (d) three (3) business
days after mailing for domestic mail (seven (7) business days for international mail).
20.3 User Contact Information. You are responsible for keeping your contact information current. Delivery to your last provided contact information constitutes effective Notice.
21 — ARBITRATION & CLASS-ACTION WAIVER
21. Arbitration and Class-Action Waiver
21.1 Election by Infinitum. To the extent permitted by law, Infinitum may elect to resolve any dispute, claim, or controversy with you arising out of or relating to these Terms or the Services by binding, confidential arbitration administered
by JAMS or AAA under their applicable rules. The seat of arbitration shall be Pennsylvania, U.S.A., and the proceedings shall be in English.
21.2 Procedure; Remedies. The arbitrator may award individual relief available in court, including injunctive relief, but shall not have authority to conduct class, consolidated, or representative proceedings.
21.3 Class-Action Waiver. To the maximum extent permitted by law, you and Infinitum waive any right to participate in a class, collective, or representative action or proceeding.
21.4 Carve-Outs. Either party may seek temporary, preliminary, or permanent injunctive relief or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality
rights, without waiving the right to arbitration for damages claims.
21.5 Small Claims. Either party may bring an individual claim in a court of competent jurisdiction solely for matters within that court’s small-claims limits.
21.6 Fees. The arbitrator shall award fees and costs consistent with the applicable rules; the prevailing party may recover reasonable attorneys’ fees and costs where permitted by law.
21.7 Severability. If any part of this Section is found unenforceable, the remainder shall be enforced to the maximum extent permitted, and the unenforceable portion shall be severed.
22 — ELECTRONIC SIGNATURES & COMMUNICATIONS
22. Electronic Signatures and Communications
22.1 Consent. You agree that your electronic acceptance (including clicking “I Agree,” “Accept,” “Submit,” or similar), electronic records, and electronic communications satisfy any legal requirement for writings or signatures under
the U.S. E-SIGN Act, UETA, the EU eIDAS Regulation, and comparable laws.
22.2 Records. Infinitum may maintain electronic records of your interactions with the Services (including logs and timestamps), and such records are admissible as prima facie evidence of assent and activity.
22.3 Delivery. Infinitum may deliver contracts, disclosures, and Notices electronically. You must maintain the ability to access electronic communications and are responsible for retaining your own copies.
23 — LANGUAGE & TRANSLATION
23. Language and Translation
23.1 Controlling Language. These Terms are drafted in English, and the English version shall control in all respects and prevail over any translation in case of conflict, ambiguity, or inconsistency.
23.2 Courtesy Translations. Any non-English versions are provided solely for convenience. Use of the Services across non-English regions does not modify the controlling nature of the English version.
23.3 User Responsibility. If you access a translation, you remain responsible for understanding the English version and for obtaining appropriate advice to interpret these Terms in your locale.
24. Contact Information
Infinitum Imagery LLC
Infinitum LIVE Creator Network
Irwin, Pennsylvania, USA
Website:
https://infinitumlive.com
Email: [email protected]