1. Your Acceptance
A) By visiting or using the Indie Film Depot website (including any affiliated web domains, or any site and/or property owned, operated or controlled by Indie Film Depot (“IFD” or “Website”) or submitting content to the Website you signify your agreement to these Terms & Conditions and IFD’s Privacy Policy. These Terms & Conditions as well as Privacy Policy apply to any user and/or visitor of the Website. If you do not agree to these Terms & Conditions and/or the Privacy Policy, please to not use the Website.
B) IFD may notify you as any major changes are made to these Terms & Conditions. However, you should review the Terms & Conditions to confirm that you are knowledgeable regarding the most up-to-date version. IFD may, in its sole discretion, modify or revise the Terms & Conditions and/or Privacy Policy at anytime (with or without notice) and you agree to be bound by the modifications to any revisions to these terms. Nothing in these terms will be negotiable to any user of the Website.
2. Use of Service
A) These Terms & Conditions apply to all users of the Website. This shall include but not be limited to visitors/viewers, content providers and/or Content Partners. “Content Partners” include any person, group, business or affiliate responsible for the addition of text, blogs, photos, graphics, scripts, audio of any sort, video of any sort as well as any combination of that listed above or any other contribution to the Website.
B) The Website can and may provide information provided by a third party, user or Content Provider. By utilizing the Website you hereby relieve IFD of any and all liability regarding the result of any 3rd party information that you may receive, ingest, or acquire as a result of 3rd party information, data or anything not directly owned by the Website. In addition, by using the Website you maintain responsibility for any addition you make as a Content Partner. By using the Website you indemnify IFD against any consequence of your action and or addition in relation to the Website.
C) As a user, you agree not to utilize any automated system. This includes and is not limited to, “robots”, “spiders”, “offline readers” and or any other programs that submit more requests than a standard human can in a given period while using a conventional on-line browser.
Accounts, Submissions & Rights
A) As a user and/or Content Partner you authorize use of any content that you submit to IFD. Content includes but is not limited to text, blogs, photos, graphics, scripts, audio of any sort, video of any sort as well as any combination of that listed above or any other contribution to the Website. The Website can and may use said content on the website as intended as well as within any distribution or other agreements with third party companies/services, within advertisements or promotions in any medium or format (web, television, print, broadcast, commercial and/or any other activity entered by IFD). As a Content Partner you authorize this use while maintaining full ownership of your content. IFD does not maintain ownership and fully grants your right to request removal of your content at anytime.
Any Content Partner that requests the removal of their content shall have their content removed from the website within 72 hours of IFD’s review of the Content Partner’s request. If content is not removed within this period, the Website is granted an acceptable notice and cure period. In addition, if your content is being utilized by a 3rd party company that is in agreement with the website, removal will be subject to the terms of that agreement and/or that of the 3rd party company. IFD will, however take all necessary action to remove your content from a company in which the Website is in agreement in a timely manner. If your content is in fact being used in a promotion and/or advertisement, the Website may continue to use as such for the duration of the advertisement and/or campaign as initially intended. However, following the request for removal no additional campaigns, advertisements and/or promotional material will be created using your content.
B) In order to use some features of the Website, you may be granted a user account. You may never use another user’s account without permission of that user. When creating your account, you must provide accurate and complete information. You alone are solely responsible of all activity from your user account. It is your responsibility alone to maintain security of your password and account. If you believe your account has been breached or used without your permission, you must notify IFD immediately. The Website will not be held accountable for any losses caused by unauthorized use of your account. However, you can and may be held accountable for any losses of IFD, 3rd party companies, other users or any other party due to such unauthorized use of your account.
C) The Website’s services authorize the submission of videos, films, text, writing and other content created by the users and/or Content Partners. You understand and agree that submission does not guarantee publishing or display of your content in any way. The Website has complete discretion on whether to publish and how to publish your content in anyway listed within this agreement.
D) As a user bound by this agreement, you are solely responsible for any content/submissions that come from you or your account. By submitting content you guarantee and warrant that you own or have the necessary rights, permissions and authorizations to allow the full and unrestricted use of the content by IFD.
You will retain all rights and ownership of your content as reviewed in section 3A of this agreement. By submission, however you grant IFD the right to utilize content, portions of content, edits of content or any form of the content as needed only to be bound by the terms of this agreement.
You agree that you will not submit copyrighted material, material that you do not own the full rights to authorize use, misrepresent materials in any way and/or misrepresent yourself to the Website in any way. You also understand that you will be subject to 3rd party and user submissions while using The Website. The website cannot be responsible for the accuracy, safety or intellectual property rights of the user/Content Partner’s submissions. If you believe content to be submitted that is not authorized to be published in anyway, please contact The Website immediately using the following contact information: info@indiefilmdepot.com (Subject Line: UNAUTHORIZED CONTENT REPORT). Upon receipt of this, The Website will take immediate action, un-publish content and contact the user responsible in a timely manner.
4. Copyright and Content Policies
A) First and foremost, The Website maintains and respects the intellectual property rights of others and demands the same of all users/Content Partners. IFD does not permit or tolerate activities and/or actions that infringe upon the intellectual property rights of others on The Website. Any such activity will result in the removal of content without notice. Further infringement can and may result in the removal of your account and potentially legal action if deemed necessary.
B) Also stated above, Section 3D. If you believe content on The Website is subject to copyright infringement please notify us immediately at info@indiefilmdepot.com (Subject Line: UNAUTHORIZED CONTENT REPORT). When contacting, please provide the content title and link for the content in question. Also, please provide your full name and a statement, link or sufficient information to allow IFD to verify prior to removal of content.
Please be aware that the US Copyright Act states that any person who knowingly materially misrepresents the material or activity is infringing may be subject to liability.
5. Limitation of Liability
A) IN NO EVENT SHALL IFD, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING MISTAKES OR INDESCREPANCIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THE USE OF THE WEBSITE AND/OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED, (IV) ANY INCONSISTENCIES OR INTERRUPTION OF OUR WEBSITE AND/OR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OUR WEBSITE OR THROUGH OUR WEBSITE THROUGH ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DUE TO USE OF THE WEBSITE AND OR SERVICES PROVIDED BY IFD. THE WEBSITE DOES NOT WARRANT, CONTRACT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT CONTAINED WITHIN THE WEBSITE AND/OR ANY SERVICE OR CONTENT PROVIDED BY IFD.
6. Indemnity
A) You agree to defend, indemnify and hold harmless IFD, any affiliated corporations (parent, owned or co-owned), officers, directors, employees and agents from and against any and all claims, dmaages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from (I) your use of the website and/or any services provided by IFD, (II) Your violation of any of the terms & conditions, (III) Your violations of the terms in relation to the intellectual property rights agreement and/or copyright infringement, privacy right or similar, (IV) Any claim that your content/submission cause damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of The Website and/or services provided.
7. Ability to Accept Terms & Conditions
A) You affirm that you are either more than 18 years of age, an emancipated minor, or posses legal consent from your parent or guardian to enter into these Terms & Conditions, and to comply with these Terms & Conditions. In any case, you affirm that you are over the age of 13, as The Website is not intended for children under 13. If you are, in fact under 13, please do not use The Website and/or any services provided by IFD.
8. Assignment
A) These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IFD without restriction.
9. General
A) You agree that: (I) The Website shall be deemed solely based in California; and (II) The Website shall be deemed a passive website that does not give rise to personal jurisdiction over IFD, either specific or general, in jurisdictions other than the State of California. These Terms & Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and IFD that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Los Angeles County, California. These Terms & Conditions, together with the Privacy Policy and any other legal notices published by IFD on The Website, shall constitute the entire agreement between you and IFD concerning The Website and all services offered. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any terms of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and IFD’s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. IFD reserves the right to amend these Terms & Conditions at anytime with or without notice. It is your responsibility to review these Terms & Conditions for any changes. Your use of The Website and/or any services provided by IFD following any amendment to these Terms & Conditions will signify your assent and acceptance to its revised terms. You and IFD agree that any cause of action arising out of or related to the IFD website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.