- By using the indieOPTION website or any indieOPTION product, software, data feeds, and services provided to you on, from, or through the indieOPTION website (collectively the “Service”) you signify your agreement to one (1) these terms and conditions (the “Terms of Service”) and two (2) indieOPTION ‘s privacy statement, and incorporated herein by reference. If you do not agree to any of these terms or the indieOPTION privacy statement, please do not use the Service.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. indieOPTION may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- Any information posted to the indieOPTION website constitutes site “Content”.
- In order to access features of the Service, you will have to create a membership account. You may never use another account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify indieOPTION immediately of any breach of security or unauthorized use of your account.
- Although indieOPTION will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of indieOPTION or others due to such unauthorized use.
General Use of the Service—Permissions and RestrictionsindieOPTION hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without indieOPTION ‘s prior written authorization, unless indieOPTION makes available the means for such distribution through functionality offered by the Service.
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the pages of the Service itself, any Embeddable Player, or other explicitly authorized means indieOPTION may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain indieOPTION ‘s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from indieOPTION appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading any original information to indieOPTION to promote your business or artistic enterprise; or
- any use that indieOPTION expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the indieOPTION servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, indieOPTION grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. indieOPTION reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- indieOPTION reserves the right to discontinue any aspect of the Service at any time.
Content UseIn addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to indieOPTION, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by indieOPTION on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of indieOPTION or the respective licensors of the Content. indieOPTION and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that indieOPTION is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against indieOPTION with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless indieOPTION, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content and Conduct
- As an indieOPTION account holder you may submit Content to the Service, including photos, videos and user comments. You understand that indieOPTION does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to indieOPTION all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to indieOPTION, you hereby grant indieOPTION a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and indieOPTION ‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- indieOPTION provides functionality to restrict access to your Content. However, should you set access to “Public” you immediately hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in the Content you submit to the Service terminate within a commercially reasonable time after you remove access or delete your Content from the Service. You understand and agree, however, that indieOPTION may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant indieOPTION all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to applicable local, national, and international laws and regulations.
- indieOPTION does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and indieOPTION expressly disclaims any and all liability in connection with Content. indieOPTION does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and indieOPTION will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. indieOPTION reserves the right to remove Content without prior notice.
Account Termination Policy
- indieOPTION will terminate a member’s access to the Service if, under appropriate circumstances, the member is determined to be a repeat infringer.
- indieOPTION reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive size. indieOPTION may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a member’s account for submitting such material in violation of these Terms of Service.
- As part of indieOPTION ‘s copyright policy, indieOPTION will terminate member access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a member who has been notified of infringing activity more than twice.
- indieOPTION is a site designed for artists to collaborate and create ‘new’ media. It is each member’s responsibility to ensure the media uploaded to the indieOPTION Website has appropriate licencing in place. This includes, but is not limited to, any photos, video content or music.
- Where a party believes their copyright has been infringed in relation to any Content. A copyright infringement notification should be filed with us. To do this, you will need to send a written communication to us with all of the following information:
- Include a statement telling us that you have found Content on indieOPTION which you believe infringes your copyright (for example, “I hereby confirm that I believe the Content identified below infringes my copyright”).
- Tell us which country your copyright applies to.
- Tell us the title of the Content concerned and the full URL for its page.
- Explain to us how the Content infringes your copyright (e.g. the sound is copied, the entire video is a copy of an original work made by you, etc.)
- Identify the type (e.g. a film, a piece of music, a book, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
- Let us have contact information so that we can get in touch with you (email address is preferred).
- Let us have the contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.”
- I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.