Terms of Service
Effective date: March 10, 2026
These Terms of Service (“Terms”) govern your access to and use of Cmark, a media hosting and monetization platform operated by Infinite Ideas, LLC (“Infinite Ideas, LLC”, “we”, “us”, or “our”). By creating an account or using the Service in any way, you agree to be bound by these Terms.
Please also read our Privacy Policy, Cookie Policy, and Acceptable Use Policy. Each of those documents is incorporated into these Terms by reference.
1. Eligibility
You must be at least 16 years of age (or the applicable minimum age of digital consent in your jurisdiction, whichever is higher) to use the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into a binding agreement.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and all references to “you” apply to both you and the organization.
2. Account Registration and Security
To access most features, you must create an account. You agree to:
- Provide accurate, current, and complete registration information.
- Keep your registration information up to date.
- Maintain the security of your account credentials and not share them with others.
- Notify us promptly at hello@cmark.media if you suspect unauthorized access to your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that show signs of compromise, unauthorized use, or fraudulent registration, subject to reasonable notice where feasible.
3. Description of the Service
Cmark provides a platform that enables creators to upload media, annotate it with brand marks, distribute it, and track performance. Specifically, the Service supports:
- Media hosting — uploading images and videos stored and served by the platform’s cloud infrastructure.
- Brand mark overlays — attaching clickable logo overlays to media at user-defined grid positions, with configurable opacity, scale, and click-through URLs.
- Thumbnail management — generating and customizing thumbnail images for uploaded media.
- Sharing and embedding — distributing media links and embedding media on third-party websites, newsletters, and digital surfaces via iframe or the oEmbed protocol.
- Performance analytics — viewing counts of views, brand mark clicks, and impressions for published media.
- Sponsorship and campaign tools — connecting creators with sponsors to place brand marks on media as part of structured campaigns, with associated performance tracking.
The Service operates on a tiered model. Free accounts have access to a baseline feature set. Paid plans unlock additional capabilities as described within the platform. We may add, modify, or discontinue features at any time with reasonable notice.
4. Content and Intellectual Property
4.1 You Retain Ownership
You retain all intellectual property rights in the media and other content you upload to the Service (“Your Content”). These Terms do not transfer any ownership rights from you to Infinite Ideas, LLC.
4.2 License You Grant to Us
By uploading Your Content to the Service, you grant Infinite Ideas, LLC a worldwide, non-exclusive, royalty-free, sublicensable license to:
- Store, host, copy, and transmit Your Content.
- Generate thumbnails, optimized renditions, and branded versions (with overlays applied) for display and embedding.
- Apply brand mark overlays as configured by you or a connected sponsor campaign.
- Display Your Content to viewers in accordance with your privacy and sharing settings.
- Cache and serve Your Content via content delivery networks.
- Perform technical operations reasonably necessary to operate and improve the Service.
This license remains in effect while Your Content is stored on the platform. It terminates when you delete the content or close your account, subject to our data retention practices in the Privacy Policy. Note that copies may persist in backups for a period after deletion.
4.3 License to Sponsors and Brand Partners
When you enroll a piece of media in a sponsor campaign, you grant the applicable sponsor a limited, non-transferable license to have their brand mark overlaid on that media for the duration of the campaign, as facilitated through the Service. The commercial terms of any sponsorship are entirely a matter between you and the sponsor. Infinite Ideas, LLC is not a party to individual sponsorship agreements.
4.4 Your Representations Regarding Content
You represent and warrant that:
- You own or have obtained all necessary rights to upload Your Content and to grant the licenses above.
- Your Content does not infringe any third party’s intellectual property, privacy, or other legal rights.
- Your Content complies with our Acceptable Use Policy and all applicable laws.
5. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy. Violations may result in content removal, feature restriction, account suspension, or permanent termination as described in that policy.
6. Content Moderation
We reserve the right to review, reject, or remove any content that we believe, in our reasonable judgment, violates these Terms, the Acceptable Use Policy, or applicable law. Media may be placed in a moderation queue for review before or after publication. We may act without prior notice where necessary to address imminent harm or legal obligations. We will make reasonable efforts to notify you of moderation actions and to provide an opportunity to appeal where feasible.
7. Paid Plans and Billing
7.1 Plan Tiers
The Service offers free and paid subscription plans. Paid plans may include higher storage quotas, advanced analytics, sponsorship campaign tools, and other benefits as described within the platform.
7.2 Subscriptions and Renewals
Paid plans are billed on a recurring basis at the interval you select. Unless you cancel before your renewal date, your plan will automatically renew and your payment method will be charged for the next period at the then-current rate.
7.3 Upgrades and Downgrades
Upgrades to a higher tier take effect immediately. Downgrades take effect at the end of the current billing period; you retain access to current-tier features until that date.
7.4 Free Trials
If you start a free trial, your payment method may be authorized but not charged during the trial period. If you do not cancel before the trial ends, your subscription will commence and your payment method will be charged for the first billing period.
7.5 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period and you retain access to paid features until that date. We do not provide pro-rated refunds for unused portions of a billing period except where required by applicable law.
7.6 Non-Payment and Overdue Accounts
If a payment fails, we may retry the charge and will notify you. If payment remains overdue after a reasonable grace period, your account may be downgraded to a free-tier feature set and certain paid features may be suspended — including brand mark overlays on embedded media, advanced analytics exports, and campaign management tools. Media stored on the platform will be retained during the grace period, and we will provide notice before any permanent deletion of stored content due to billing issues.
7.7 Taxes
You are responsible for all taxes, duties, or levies imposed on your subscription in your jurisdiction, except for taxes assessed directly on our net income.
8. Embeds and Third-Party Distribution
When you share or embed media on third-party websites or social platforms, those surfaces are not operated by us and we are not responsible for how they display or handle your content. You are responsible for ensuring your use of embeds complies with the terms of those third-party platforms.
We do not guarantee that embeds will function in all contexts. If a subscription lapses or an account is suspended, embedded media may degrade — for example, brand mark overlays may stop displaying or embedded players may show a placeholder.
9. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied. To the maximum extent permitted by law, we disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that analytics data will be accurate, that embeds will render correctly on all platforms, or that any sponsorship revenue or commercial outcome will result from use of the platform.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Infinite Ideas, LLC and its officers, directors, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of or inability to use the Service, including loss of revenue, data, goodwill, or profits, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising from or related to these Terms or the Service will not exceed the total amounts you paid to us in service fees during the twelve calendar months immediately preceding the claim. Some jurisdictions do not permit all exclusions or limitations, so these may not apply to you in full.
11. Indemnification
You agree to defend, indemnify, and hold harmless Infinite Ideas, LLC and its officers, directors, employees, contractors, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: your use of the Service in violation of these Terms or applicable law; Your Content, including third-party claims arising from it; any commercial arrangement between you and a sponsor facilitated through the platform; or any misrepresentation you make to us or to other users.
12. Termination
We may suspend or terminate your account for material or repeated violations of these Terms, the Acceptable Use Policy, or applicable law. Where feasible, we will provide notice and an opportunity to cure the breach before terminating. You may close your account at any time via your account settings or by contacting us at hello@cmark.media. Upon termination, your right to use the Service ceases immediately and your data will be handled as described in the Privacy Policy.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of Idaho, USA, without regard to its conflict-of-law provisions. Any dispute arising from or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Bannock County, Idaho, and you consent to the personal jurisdiction of those courts.
Binding Arbitration: Except for disputes involving intellectual property rights or requests for emergency injunctive relief, any dispute arising from or relating to these Terms or the Service that cannot be resolved through good-faith negotiation will be settled through binding arbitration conducted in Bannock County, Idaho. Arbitration will proceed on an individual basis; class arbitrations and representative actions are not permitted, and both parties waive the right to a jury trial for disputes subject to this clause. The arbitrator’s written decision will be final and enforceable in any court of competent jurisdiction. Nothing in this clause prevents either party from seeking interim equitable relief from a court of competent jurisdiction to protect their rights while arbitration is pending.
14. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will notify you at least 7 days in advance by email or via a notice on the platform. Continued use of the Service after the revised Terms take effect constitutes acceptance. If you do not agree, you must stop using the Service before the effective date.
15. General Provisions
- Entire agreement — these Terms, together with the Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and Infinite Ideas, LLC regarding the Service.
- Severability — if any provision is found unenforceable, the remaining provisions continue in full force.
- No waiver — our failure to enforce any right on any occasion does not constitute a waiver of that right.
- Assignment — you may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16. Contact
For questions about these Terms:
Infinite Ideas, LLC
1391 Remington Rd, Pocatello ID 83201
Email: hello@cmark.media