SM Infinity™ Terms of Service

The following terms and conditions govern all use of the SMinfinity.com website (“Website”) and all content, services and products available at or through the Website (“SM Infinity Services”), including, but not limited to, sign content creation, scheduling and the media library. The Website is owned and operated by Spectacular Media, or its affiliates (“Spectacular Media”). The Website and all services made available or accessed through the Website are provided subject to the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Spectacular Media’s Privacy Policy), as amended, and procedures that may be published from time to time on the Website by Spectacular Media (collectively, the ”Agreement”). These terms and conditions may change from time to time and you agree it is your sole responsibility to be aware of the current version of these terms and conditions.

Please read this Agreement carefully before accessing or using the Website. By using any part of the Website, you accept and agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of the SM Infinity Services or resources provided by the Website. If these terms and conditions are considered an offer by Spectacular Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Spectacular Media and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website

1. Your Website Account. By using the Website, you agree that you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account and agree or give consent to the following:
   1. You must not display any sign content or any media files (“Content”) that is false, misleading, defamatory or unlawful, including in a manner intended to trade on the name or reputation of others, and Spectacular Media may, in its sole discretion, change or remove any Content that it considers inappropriate, offensive, obscene, profane, or unlawful, or otherwise likely to cause liability to Spectacular Media.
   2. You must immediately notify Spectacular Media of any unauthorized use of your account, the Website, the services provided by Spectacular Media, or any other violations of this Agreement or breaches of security.
   3. Spectacular Media will not be liable for any acts or omissions by you (or other users of your account), including any losses or damages of any kind incurred as a result of such acts or omissions.
   4. Our support team, the display provider or manufacturer, or your SM Infinity Services reseller partner may access your account, and you authorize such access, for specific purposes, including but not limited to removing prohibited Content, technical support, modifying settings or users, modify account package and points, and general account maintenance.
2. Responsibility of Account Holders. You are entirely responsible for the content of, and any harm or physical display issues including but not limited to image burn-in, accelerated degradation, financial or legal liability, branding, marketing, or other harm resulting from, the Content displayed on the signs associated with your account. That is the case regardless of whether the Content in question constitutes text, graphics, or animation. By uploading to the media library and/or displaying Content, you represent and warrant that:
   1. The use of the Content will not infringe or misappropriate the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
   2. If you have created or hold rights to intellectual property you create, you have either (i) received permission to post or make available the Content, or (ii) secured from your any necessary waiver as to all rights in or to the Content.
   3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
   4. The Content is not pornographic or obscene, does not contain threats or incite violence towards individuals or entities, does not advocate any illegal activity, and does not violate the privacy or publicity rights of any third party.
   5. all the information you provide on the Website is correct, current, and complete.
   6. If you choose, or are provided with, a username, password, or any other piece of information as part of your account, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3. Content Usage. By submitting or uploading Content to Spectacular Media through the Website portal for display on your digital sign(s), storage in the media library, or any other purpose, you grant Spectacular Media a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content to the digital sign(s) and for marketing and user experience purposes consistent with the services provided by Spectacular Media. If you delete Content, Spectacular Media will remove it from the SM Infinity servers, but you acknowledge that caching or references to the Content may not be made immediately unavailable. You represent and warranty that any Content uploaded to the Website or otherwise provided to Spectacular Media will not contain any viruses, time bombs, malware, or other harmful devices or elements capable of disabling or interfering with any computer systems or software.
4. Content Access. Without limiting any of the representations or warranties, Spectacular Media has the right (though not the obligation), in Spectacular Media’s sole discretion, to:
   1. Refuse or remove any Content that, in Spectacular Media’s reasonable opinion, violates any Spectacular Media policy or is in any way harmful or objectionable.
   2. Terminate or deny access to and use of the Website to any individual or entity for any reason, in Spectacular Media’s sole discretion.
   3. Spectacular Media will have no obligation to provide a refund of any amounts previously paid.
5. Payment and Renewal.
   1. General Terms. By using the Website, you agree to pay Spectacular Media the monthly or annual subscription fees indicated for that service. Payments will be billed on a pre-pay basis on the date your account is set up, or the date you upgrade your services in the system, and will cover the use of that service for a recurring monthly or annual subscription period as indicated. Failure to pay for the services by the due date will result in restricted or terminated access to your SM Infinity account until payment is received in full. Late balances shall accrue interest at 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lower. These fees are not refundable.
   2. Additional Charges. You acknowledge that additional fees and charges may apply and agree to pay Spectacular Media any additional fees or purchases made through the Website, including but not limited to cancellation fees, setup fees, and additional “points” purchased for animations or images. These fees and purchases are not refundable.
   3. Automatic Renewal. Unless you notify Spectacular Media sixty (60) days prior to the end of the applicable subscription period that you desire to cancel the service, your subscription will automatically renew and you authorize Spectacular Media to collect the then-applicable annual or monthly subscription fee for such service (including processing fees and any taxes) using any credit card or other payment mechanism Spectacular Media or its billing partners have on record for you.
6. Support. The SM Infinity Services available through the Website include access to basic phone and email support for the SM Infinity Services only and does not include any support for sign hardware or third-party software. Email support means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Spectacular Media to respond within one (1) business day) concerning the use of the SM Infinity Services.
7. SM Infinity Website. Spectacular Media has not reviewed, and cannot review, all material uploaded to the media library or displayed on the sign(s), and therefore is not responsible for such material’s content, its use, or the effects. By operating the Website, Spectacular Media does not represent or imply, and expressly disclaims, that it endorses the material displayed on sign(s), or that it believes such material is accurate, useful or not detrimental. The Website may include Content containing technical inaccuracies, typographical errors, and other faults. Spectacular Media disclaims any responsibility or liability of any kind, and you agree and acknowledge that you are solely responsible for any harm resulting from the use by account holders of the Website.
8. Copyright Infringement Policy. As Spectacular Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website or the SM Infinity Service violates your copyright, you are encouraged to promptly notify Spectacular Media. Spectacular Media will respond to all such notices, and as required or appropriate, will either remove the infringing material or disable all links to the infringing material. Spectacular Media will terminate an account holder’s access to and use of the Website if, under appropriate circumstances, Spectacular Media determines that the user is a repeat infringer of the copyrights or other intellectual property rights of Spectacular Media or others. In the case of such termination, Spectacular Media will have no obligation to provide a refund of any amounts previously paid to Spectacular Media.
9. Intellectual Property.
   1. General. This Agreement does not transfer from Spectacular Media to you any Spectacular Media or third-party intellectual property rights, title or interest in and to such intellectual property, all of which will remain (as between the parties) solely with Spectacular Media or the third-party. Spectacular Media name, trademarks, logos, service marks, graphics and any other identifying marks or terms used in connection with the Website or SM Infinity Service are trademarks of Spectacular Media or Spectacular Media’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Any use of the Website not expressly permitted by this Agreement is a breach of and may violate copyright, trademark, and other laws.
   2. Design and Systems. The Website and its features, user interface design, design concepts, functionally, graphic request system and other unique systems, services and features are the intellectual property of Spectacular Media, its licensors, or licensed third party component providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your use of the Website grants you no right or license to reproduce and/or reverse engineer these designs, systems or functions in any way, or otherwise use any Spectacular Media or third-party intellectual property. Spectacular Media reserves the right to protect this intellectual property and copyright according to local, state, and federal laws, against any individual or company directly or indirectly involved with any unlawful or unauthorized reproduction and/or reverse engineering.
   3. Content and Media. Content and media provided to you by the Website, including animated files or still images, is licensed to you for lawful purposes only. Unless directly specified in writing by Spectacular Media, you are not permitted to provide said content directly or indirectly to a third party, re-package as your own content, or provide in any way as a part of a product or service.
10. Artificial Intelligence and Analytics. The Website may utilize artificial intelligence tools or resources and other machine learning algorithms (“AI”) in connection with the SM Infinity Services, Website, and support for the services. Spectacular Media makes no representations or warranties of any kind involving or related to the use of AI or its results. If you provide or upload to the Website any Content, media, or material that is derived from or related to AI, you are solely responsible and liable for the accuracy, clearance, licensing, intellectual property, third-party rights or interests, or other laws or requirements related thereto. Any Content and media provided by you, used by you, and any product resulting from any artificial intelligence resources utilized by Spectacular Media is considered and treated as Content under this Agreement, and will remain subject to all terms and provisions related to Content and intellectual property rights of parties hereunder.
11. Data Accuracy and Lifetime. Any Content or data made available or provided to you through the Website is provided in its “AS-IS” condition, with no written or implied warranty or guarantee of any kind as to the accuracy of such data. This includes, but is not limited to, data from any reporting features, user interfaces, system notifications, website errors, promotions, or account information. Additionally, some features may provide data from sources not under direct control of SM Infinity, such as weather alerts, warnings, IPAWS, RSS Feeds and other data sources. By using any of these features or services, you understand they may affect the accuracy of the data we provide you, and we take no responsibility for their content or the accuracy therein. The amount of time we store data is limited, and subject to change at any time. You are solely responsible for reviewing, and approving the substance, completeness, and accuracy of all Content used by or for your sign content or display.
12. Third Party Component Copyrights and Disclaimers. Spectacular Media products, including SM Infinity Services, the Website, and mobile apps may contain third party components that may require specific notices and disclaimers.
13. Advertisements, Demonstrations and Public Service Messages.
    1. Only in cases where your service package allows, or you give Spectacular Media permission to do so through the Website portal, Spectacular Media reserves the right to display lawful, reasonable, and appropriate advertisements, thank you messages, demonstration messages and public service messages on your sign(s) according to the terms and conditions associated with that service package or as described in features we make available to you through the Website.
    2. You agree to allow the Spectacular Media to provide targeted advertising inside the Website portal to registered users.
14. Changes. Spectacular Media reserves the right, at its sole discretion, to modify or update any part of this Agreement from time to time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Spectacular Media may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
15. Termination and Cancellation. Spectacular Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply cancel your account and discontinue using the Website. Cancellation of the SM Infinity Services requires written notice, and may take up to one (1) billing cycle to take effect. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. Disclaimer of Warranties. You understand that Spectacular Media cannot and does not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, SPECTACULAR MEDIA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OR UPLOADED TO THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPECTACULAR MEDIA NOR ANY PERSON ASSOCIATED WITH SPECTACULAR MEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SPECTACULAR MEDIA NOR ANYONE ASSOCIATED WITH THE SPECTACULAR MEDIA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability. In no event will Spectacular Media, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) any interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Spectacular Media under this Agreement during the twelve (12) month period prior to the cause of action. You agree that you are solely responsible for the media content displayed on your signs. Spectacular Media is not responsible and will not be liable for mistakes or incorrect content approved by you through the Website or any content (including custom or unique content) uploaded by you. Spectacular Media shall have no liability for any failure or delay due to matters beyond its reasonable control. Any cause of action or claim you may have arising out of or relating to this Agreement or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
18. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement, for a lawful purpose, and in accordance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable sign content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
19. Indemnification. You agree to indemnify and hold harmless Spectacular Media, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of this Agreement, (ii) your use of the Website, including, but not limited to, your contribution or uploading of any content or media, (iii) any use of the Website's content, services, and products other than as expressly authorized in this Agreement, (iv) your use, development, or exploitation of AI or AI materials related to or involving the Website, or (v) your use of any information obtained from the Website.
20. Miscellaneous. This Agreement constitutes the entire agreement between Spectacular Media and you concerning the subject matter hereof, and this Agreement may only be modified by a written amendment signed by an authorized executive of Spectacular Media, or by the posting by Spectacular Media of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Riverside County, California. At Spectacular Media’s sole discretion, it may require you to submit any dispute arising under this Agreement or use of the Website to binding arbitration under the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”), presided over by one (1) arbitrator appointed in accordance with such Rules. The arbitration shall take place in Riverside County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party, except with the express written consent of Spectacular Media subject to its sole discretion. Spectacular Media may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
21. Revisions: Last modified March 25, 2026.