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.