1.          Acceptance and Compliance

1.1.     Upon registering an account on Indie Arts, you agree to abide by all the rules and guidelines provided or alluded to in this document, including the Code of Conduct and Acceptable Upload Policy.

 

1.2.     By registering an account and/or using or accessing our services, you agree to be bound by all the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement you should not, and are not permitted to, use our services.

 

1.3.     Indie Arts reserves the right to enforce these terms via content removal (submissions, journals, comments, etc), account suspension, and account termination. Any action taken in this regard is at the sole and absolute discretion of Indie Arts and its staff. You agree that we are not in any way responsible for any loss of data, information, or financial losses or hardships that may result from us enforcing these terms and you agree to indemnify Indie Arts and its staff in this regard. Users are encouraged to back their data up on a regular basis.

 

1.4.     In order to investigate claims or complaints and in order to comply with local law enforcement, we reserve the right to monitor any communication using Indie Arts as the medium.

 

1.5.     If for any reason, your account is suspended, banned, restricted, blocked (via users), or otherwise disabled by Indie Arts, you agree to not create another account with the intent to bypass these limitations without our permission. Any effort to subvert these limitations may result in the termination of all current and future accounts you register.

 

1.6.     You agree to comply with all requests made by site moderators. If you disagree with the request, you may ask the site moderator to escalate the issue.

 

1.7.     You may appeal any action taken against your account either via email at support@indiearts.net

 

2.          Account Registration and Usage

2.1.     You warrant that you are at least thirteen (13) years of age. No individual under the age of thirteen (13) may register an account, use our services, provide any personal information to Indie Arts, or otherwise upload or transmit personal information through our services (Name, address, telephone number, email address, etc).

 

2.2.     You agree to provide accurate and truthful information when registering your account.

 

2.3.     You agree to create an account name that does not violate our Code of Conduct by being offensive, racist, or harassing. Accounts bearing account names that are offensive, racist or harassing will be terminated immediately upon this coming to Indie Arts’s attention.

 

2.4.     You agree to not transfer your account ownership to another user without approval by a site moderator. If approved, you may not profit from this transfer in any manner.

 

2.5.     You agree not to use your account to impersonate anyone.

 

2.6.     You agree to not use your account to aid any user in circumventing the terms and policies of Indie Arts.

 

2.7.     You agree that you are responsible for any activity on your account and that any violations of any of Indie Arts’s terms of servicer will be applied to all of your accounts.

 

2.8.     You agree that while there is no limit to the number of accounts you may create, you and each of your accounts will use Indie Arts's services as intended and NOT to:

 

2.8.1.   Tamper with, nor use non-public areas of these services;

 

2.8.2.   Probe, scan, nor test any of our systems or networks for any reason;

 

2.8.3.   Attempt to neither breach nor circumvent any security or authentication measure;

 

2.8.4.   Attempt to neither access nor search our services by any means (automated or otherwise) that negatively impacts site performance;

 

2.8.5.   Scrape our services, content, or content belonging to those using our services in a way that negatively impacts site performance;

 

2.8.6.   Use our services to send altered, deceptive, or false source-identifying information (e.g. Forged TCP-IP packet headers, email headers);

 

2.8.7.   Attempt to, interfere, nor disrupt the access of any user, host or network; or

 

2.8.8.   Create accounts simply to reserve them and prevent their use by others. Accounts created for this purpose will be terminated and the owner prevented from creating any further accounts on Indie Arts.

 

 

2.9.     You agree that we reserve the right to remove, reclaim, or rename any account for any reason, such as violating site policy or having been abandoned by its owner. Abandoned accounts are those which have not been logged into for a minimum of one year and do not have user-created content (submissions or journals) and must have been in good standing with the site. At this time, they become eligible to be transferred upon user request. All content and information contained within the account will be deleted before the transfer is complete. Accounts marked as "deceased" do not qualify as abandoned.

 

3.          Data Use, User Created Content, and Privacy

3.1.     When you upload content to Indie Arts via our services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt, and create derivative works of, that content. These permissions are purely for the limited purposes of allowing us to provide our services in accordance with their functionality (hosting and display), improve them, and develop new services. These permissions do not transfer the rights of your content or allow us to create any deviations of that content outside the aforementioned purposes. You retain the copyright to your content.

 

3.2.     When you register an account, we ask for your username, email address for account verification and recovery, password to help protect your account from intrusion, and age to verify you may lawfully use the services we offer. You provide this information voluntarily and indemnify Indie Arts and its staff against any liability in storing and/or using your information for the purposes of running and maintaining its services.

 

3.3.     Although Indie Arts can display artistic renditions of adult content, the feature is disabled by default and may only be enabled via your account settings if you are legally allowed to view it in the United States (18 years of age). If we determine that you may not be legally allowed to access this content, we will restrict your access to mature and adult content until you can verify your age via government photo identification. Any attempt to bypass this measure may result in all current and future accounts registered by you to be permanently banned.

 

3.4.     Your private account information is accessible only by staff trained to handle it, is kept confidential, and is not sold to third parties.

 

3.5.     Any information you choose to display on your account or upload to Indie Arts, except mature and adult content, is public by default. You may disable public view of your account and most of your content as well as hide your favorites and user page from registered users via your account settings. Although we provide tools that allow you to change the privacy of your information and content you should always assume that the information and content you share is publicly accessible unless you have explicitly selected otherwise.

 

4.          Service and Accessibility

4.1.     Our services may change without prior notice to you. We retain the right to create limits on our services at any time with or without notice. We may also impose limits on services or aspects of them or restrict your access to part or all of our services without notice or liability. We may change, suspend, or discontinue any or all of our services at any time, including availability of any product, feature, database, and content (yours or ours).

 

4.2.     Indie Arts's services are provided on an "as is" and "as available" basis. We do not warranty our services or content (yours or ours).

 

5.          Limitation of Liability

5.1.     You wholly indemnify Indie Arts against all direct, indirect, consequential, special or punitive losses or damages whatsoever which you may suffer when making use of the services offered by Indie Arts.

 

5.2.     Without limiting the generality of the aforesaid, you release us from any and all liability concerning matters including but not limited to:

 

5.2.1.   Disputes between you and other users.

 

5.2.2.   Acts of third parties.

 

5.2.3.   Unauthorized access by anyone to any data communications relating to, or content stored under, your account.

 

5.2.4.   Links posted by users.

 

5.2.5.   Issues relating to occurrences that happen at any face-to-face meeting that was organized on Indie Arts or by Indie Arts, unless expressly disclosed in writing that Indie Arts is sponsoring the event.

 

6.          Modifications to this Agreement

 

6.1.     Indie Arts reserves the right to change these documents at any time, without prior notice, and for any reason. You will be notified of these changes via site announcements. Continued usage of the site after being notified constitutes acceptance and agreement with any changes. You are responsible for reviewing and becoming familiar with and adhering to any modifications to this agreement.

 

6.2.     We may ask you to review and explicitly agree to a revised version of these terms. In this case, any modifications will be effective at the time of your agreement. If you do not agree, then you are not permitted to use our services and must discontinue using them immediately. In circumstances where you are not asked to explicitly agree, but are instead notified as stated above via site announcement, then the modifications will become effective fourteen (14) days after being announced.