Terms of Service
Terms of Service Indieflavor.com and the Indieflavor.com website (the "Site") are owned and operated by Indieflavor LLC, a New York limited liability company. For the purposes of this agreement, the term "Indieflavor.com" shall include Indiflavor LLC and its members, managers, officers, agents, employees and affiliates.
Indieflavor.com Terms of Service and Acceptable Use Policy
The Terms of Service for Indieflavor.com ("Terms of Service") are effective immediately upon the User's acceptance of the Terms of Service as indicated by clicking the "Register" button during user registration and/or User's first use of the Indieflavor.com. If you would like to use the Site, you must review and agree to be bound by the Terms of Service. If you do not agree, please do not use Indieflavor.com and/or the associated services.
Permitted Uses and Restrictions on Use
Indieflavor.com provides a service that allows you to manage all aspects of casting on the Internet (the "Service"). You may not use the Service until you have read and accepted all of the Terms of Service. To use the Service, you are responsible at your own expense to access the Internet, and provide all equipment necessary to have such access. We may modify these Terms of Service at any time. Modifications will be posted in these Terms of Service, and your use of the Site after such changes have been posted will constitute your agreement to the modified Terms of Service and all of the changes therein. You should read these Terms of Service each time you access, and prior to using, the Site.
Registration and User Profile
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form(s) (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue or incomplete, or Indieflavor.com has reasonable grounds to suspect that such information is untrue or incomplete, Indieflavor.com may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Your membership subscription in Indiflavor.com is not transferable to anyone else at any time, under any circumstances.
Usernames, Passwords and Security
You will be responsible for the confidentiality and use of your username, password, and contact information. In addition, you will be responsible for all electronic communications and other account holder information entered through or under your username and password. Indieflavor.com will act as though any electronic communications it receives under your account have been sent by you. You agree to notify Indieflavor.com immediately if you become aware of any loss or theft or unauthorized use of any of your account information.
You must be at least thirteen years old to be a member of this Site. Users between 13 and 18 years old should seek their parent or legal guardian's permission before registering with the Site. This agreement can be accepted only by an adult 18 years or older. By using this Site, you affirm that you are an adult, 18 years or older, and either you are accepting this agreement on your own behalf, or you are accepting this agreement on behalf of your minor child.
If you accept this agreement on behalf of a minor, then you are subject in all respects to and responsible for compliance with all obligations under this agreement as if you were the minor. You may determine that the content of the Site is not appropriate for your minor, that you do not want information to be collected from your minor, or that you do not want your minor's image or work uploaded on to the Site. If you are accepting for a minor, you represent to Indieflavor.com that you have reviewed the Site and the Service, and have determined that it is appropriate for your minor in all respects. You recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME MATERIALS POSTED ON THE SITE MAY CONTAIN ELEMENTS THAT IS INAPPROPRIATE FOR MINORS.
Indieflavor.com Intellectual Property
The content displayed on the Site, including without limitation text, graphics, logos, images, artwork, data compilations, trademarks, service marks and software, is the exclusive property of Indieflavor.com or its content providers (including Members) and is protected by copyright, intellectual property and/or trademark laws.
License to Indieflavor.com to Use Submitted Materials
By submitting any video, pictures, sound recordings, musical and/or vocal works, text, resumes, bios, manuscripts and/or other materials (collectively the "Materials"), and in consideration of the rights and benefits extending to you, you grant Indieflovor.com the world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the submitted Materials on the Site for the purposes of promoting and marketing your Materials and the Site. This license exists for as long as you elect to continue to include the Materials on the Site and will terminate at the time you remove or Indiefavor.com removes such Materials from the Site.
Authority and Rights to Post Materials on the Site
By submitting any Materials to Indieflavor.com, you warrant that: (a) you are the owner of such Materials, or have been granted all the rights necessary from the owner of such Materials to display such Materials on Indieflavor.com, and (b) the use of such Materials by Indieflavor.com and its members will not infringe or misappropriate the intellectual property rights of, or otherwise violate the rights of any third party. Additionally, you represent and warrant that all Materials submitted to Indieflavor.com do not contain creative elements or suggestions that are subject to any obligation or confidence on the part of you or Indieflavor.com.
You hereby warrant that you are of legal age to enter into contracts, or are doing so on behalf of your minor child, and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein.
You guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to Indieflavor.com that the Materials do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. You acknowledge that Indieflavor.com.com is a community site and you guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene.
You guarantee to Indieflavor.com that the Material will not contain any "viruses" or other information which may damage or otherwise interfere with Indieflavor.com computer systems or data or that of our customers.
You shall be fully responsible for any violation of your agreements including the guarantees made to Indieflavor.com under this paragraph and you agree to defend, indemnify and hold Company and Site, its parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
Indieflavor.com respects the intellectual property of others and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing the following information: (i) an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf. (ii) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity; (iii) identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the Indieflavor.com URL (i.e., web page address) where it is posted or the name of the book in which it has been published; (iv) Identification of the URL or other specific location on the Site where the material you claim is infringing is located, including enough information to allow us to locate the material. and your name, address, telephone number and electronic mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the author's behalf.
User Content and Communications
Indieflavor.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. Indieflavor.com acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
Indieflavor.com reserves the right to modify its fees with or without notice.
You agree not to copy, sell, resell, rent or sub-license (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, re-distribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Indieflavor.com.
You agree to NOT use the Service to:
1. Impersonate any person or entity, including, but not limited to, a representative of Indieflavor.com, or falsely state or otherwise misrepresent your affiliation with a person or entity.
2. Interfere with or disrupt the Service or servers or networks connected to the Service;
3. Access non-public data hosted on Indieflavor.com servers;
4. Incite or provide instructional information about illegal activities;
5. Post your e-mail address, web address, or other personal contact information (except as specifically authorized);
6. Submit, publish or display on the Site any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material, or any material that infringes or violates another party's rights;
7. Use the Service for your own advertising or for selling goods or services or for other commercial purposes (except as specifically authorized on the site);
8. Solicit our members or send any other communication to our members (except as specifically authorized):
9. Send unsolicited email or involve or attempt to associate Indiflavor.com in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation: and
10. Republish information found in or on the site without first obtaining written permission from Indieflavor.com.
You acknowledge and agree that Indieflavor.com may suspend or terminate your account and/or deny you access to, use of, or submission of content for, all or part of the Service, without prior notice, if you engage in any conduct that Indieflavor.com believes, in its sole discretion: (a) violates any term or provision of the Terms of Service, (b) violates the rights of Indieflavor.com or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, Indieflavor.com reserves the right to terminate membership accounts that it considers inactive.
You agree that upon termination, Indieflavor.com may delete all files and information related to your account and may bar your access to your account and the Service.
The services may contain links (through advertising and otherwise) to various third party websites and other resources, as indicated by a domain name that does not end with "Indieflavor.com". You understand and agree that Indieflavor.com is not responsible for the availability of such external sites or resources, and that Indieflavor.com does not endorse and is not responsible for any content, communications or interactions with such resources.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INDIEFLAVOR.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INDIEFLAVOR.COM MAKES NO WARRANTY OF ANY KIND WHATSOEVER THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN REVENUES OR PROFITS OR EMPLOYMENT, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (D) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OUR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
UNDER NO CIRCUMSTANCES, WILL INDIEFLAVOR LLC, ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, ADVISORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE,
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in those instances, some of the above limitations may not apply to you.
Scope and Survival
The Terms of Service constitute the entire agreement between you and Indieflavor.com and governs your use of the Service, superseding any prior agreements between you and Indieflavor.com (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. By accessing the Site, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Indiflavor.com or its affiliates.
You agree to defend, indemnify and hold Indieflavor.com harmless from and against any and all claims, losses, liability costs, expenses (including but not limited to attorneys' fees) and damages (including but not limited to incidental and consequential damages) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of Service.
If you have any questions, please contact us at firstname.lastname@example.org