Indie Connect Membership Terms Of Agreement
Please read the following terms of service (“Terms”) carefully. If you (“you” or “Member”) agree to these Terms, please proceed and complete your application. This will constitute a binding agreement between you and Indie Connect (“Indie Connect,” “we,” or “us”). Please note that any violation of these Terms may result in termination of the Indie Connect service (“Service”) to you.
Indie Connect reserves the right to change these Terms from time to time, so please check back periodically for any changes. You can always find the most current version of these Terms posted at www.indieconnect.net. If you do not agree to changes made to these Terms, your sole and exclusive remedy is to cancel your Indie Connect account (“Account”).
1. Description of Service
Indie Connect currently provides registered and paid members with access to a number of on-line resources, including but not limited to written articles, videos, resources, tools and more via www.indieconnect.net. Unless expressly stated otherwise, any new products or features added to the current Service will be subject to these Terms. Indie Connect provides this Service to individuals who already have access to the Internet and the World Wide Web, and is not responsible for providing such access to individuals who do not already have it.
Indie Connect also operates a public Community Service, (aka the Indie Connect Social Network), for people in the music industry at www.indieconnect.org. The terms outlined in this agreement also cover the use of that website.
Indie Connect hosts multiple music industry networking meetings and other special events (workshops, seminars, conferences jam sessions, showcases etc. Members may be entitled to discounts or priority ticket purchase. The terms of those discounts are outlined in Member Benefits. Meeting Coordinators, the independent contractors who moderate local meetings for Indie Connect, have the right to refuse access to their meetings to anyone, regardless of membership level, with just cause.
2. Member Registration
In order to access member-only content on the Indie Connect website (Service), you must first register with Indie Connect by completing the membership application and paying the applicable fee. In filling out the application, you agree to provide true, accurate, current, and complete information (“Registration Information”) as requested by the application form. In addition, you agree to maintain and promptly update such Registration Information to keep it true, accurate, current, and complete.
3. Privacy Policy
Indie Connect is committed to maintaining your privacy. Your Registration Information and any other information about you or your Account is subject to the terms of Indie Connect’s Privacy Policy. The Privacy Policy is hereby incorporated into these Terms by reference.
4. Fees and Billing
a. Fees. The current fees (“Fees”) for the Service can be found here. If the Service you have selected in your registration requires payment of a Fee, you agree to pay such Fees promptly, along with any applicable taxes. We reserve the right to change the Fees at any time, provided, however, that we will give you thirty (30) days advance notice before your renewal date of such changes. If you find such changes unacceptable, you may choose not to renew your membership after its expiration date.
b. Billing. You are responsible for any and all charges to your Account. If you have any questions about charges to your Account, you should contact Indie Connect’s Customer Service Department. All charges will be considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
c. Payment by Credit Card, Debit Card, Electronic Funds Transfer. If you elect to pay your Fees by credit card, debit card, or electronic funds transfer, we will bill such Fees immediately upon receipt of your purchase details and/or membership application. Indie Connect is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Indie Connect.
d. Auto-Renewal. At this time, no accounts are auto-renewing, meaning that we will not automatically renew your membership and bill your credit card on the anniversary of your most recent membership registration.
5. Use of Member Account
You are the authorized user of your Indie Connect Account and must comply with these Terms. You must keep your password confidential so that no one else may access the Service through your Account. Any commercial use of your Account is prohibited.
6. Member Content on Indie Connect.org
You, and not Indie Connect, are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, displayed, or otherwise transmitted by you via IndieConnect.org (“User Generated Content”). Indie Connect does not control the User Generated Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Indie Connect reserves the right, but is not obligated, to review the Content and to refuse, remove, or edit any such materials, in whole or in part, in its sole discretion, without notice at any time.
7. Member Conduct
You agree not to use the comment section of IndieConnect.net or the Indie Connect Community Service (www.indieconnect.org) to:
a. upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, or otherwise transmit any Content that is misleading to others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity to others;
b. upload, post, or otherwise transmit any Content that you do not have a right to upload, post, or transmit under any law or under contractual or fiduciary relationships;
c. upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. upload, post, or otherwise transmit any unsolicited or unauthorized, non-music related advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
e. upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. upload, post, or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Indie Connect’s infrastructure, exceeding the limits provided by the Service for which you have registered;
g. upload, post, or otherwise transmit any materials that are inconsistent with the nature and purpose of the Service;
h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i. use the Service as storage for remote loading or as a door or signpost to another home page;
j. use the Service to harm, or attempt to harm, minors in any way, or to harass or threaten another;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
8. Member Usage Limits
Indie Connect may, from time to time, establish general practices and limits (“Limits”) concerning the use of the Service, including without limitation: (a) maximum limits on storage space; (b) maximum limits on bandwidth usage; and (c) maximum limits on the number of days that email messages, guest book entries, or other materials will be retained by Indie Connect. Such Limits are set according to the level of Service for which you have registered. If you exceed the Limits set forth for your Service level, Indie Connect reserves the right, at its sole discretion, to: (i) delete Content leading to the exceeding of such Limits; (ii) suspend your Account until you have brought your Account within such Limits; or (iii) charge you for exceeding such Limits under the terms set forth in the Fee schedule for your chosen level of Service.
9. Member Proprietary Rights
Indie Connect does not claim ownership of the Content you place on your site (“Member Site”) or that you upload, post, or otherwise transmit via the Service. By submitting the Content to Indie Connect for inclusion on your Member Site (IndieConnect.net), you grant Indie Connect a world-wide, royalty-free, and non-exclusive license: (i) to host, use, reproduce, modify, adapt, distribute, transmit, and publicly display the Content on and through the Service; and (ii) to sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, the Services. This license exists only for so long as you continue to be a Indie Connect member, and will terminate when your membership terminates. By submitting Content to Indie Connect, you warrant and represent that you own or otherwise control the rights necessary to grant the above licenses.
10. Indie Connect Proprietary Rights
You acknowledge and agree that content contained on the IndieConnect.net and IndieConnect.org websites and in information presented to you through the Service is expressly owned by Indie Connect unless otherwise noted. Everything on the website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Indie Connect, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its contents, in whole or in part.
11. Modifications to Service
Indie Connect reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Indie Connect shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination
Either you or Indie Connect may terminate or cancel your Account at any time. No refunds or credits will be given for any amounts already paid to Indie Connect.
a. Termination by Member. You may cancel your Account or any part of the Service at any time. If you cancel or terminate your account, cancellation will become effective upon the expiration of your membership. To cancel, you can simply choose to not renew your membership.
b. Termination by Indie Connect. Indie Connect, in its sole discretion and at any time, may terminate your password, your Account, your Member Site, or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation: (i) if you have breached these Terms; (ii) if Indie Connect is unable to verify or authenticate any information you have provided to Indie Connect; (iii) if Indie Connect believes that you have violated or acted inconsistently with the letter or spirit of the Terms; (iv) for lack of use of a free Service; or (v) if a free trial period has expired without your registration. Indie Connect may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Indie Connect may immediately deactivate or delete your Member Site and all related information and files in your Member Site and/or bar any further access to such files or the Service. Further, you agree that Indie Connect shall not be liable to you or any third-party for any termination of your access to the Service.
13. Indemnification
You agree to indemnify and hold Indie Connect, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, your breach of any warranties in these Terms, or your violation of any rights of another.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDIE CONNECT 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;
b. INDIE CONNECT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIE CONNECT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITATION OF LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIE CONNECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF INDIE CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. Notice
Notices to you may be made via either email or regular mail. Indie Connect may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
17. General Terms
These Terms constitute the entire agreement between you and Indie Connect and govern your use of the Service, superseding any prior agreements between you and Indie Connect (including, but not limited to, any prior versions of the Terms). The Terms and the relationship between you and Indie Connect shall be governed by the laws of the State of Tennessee. You and Indie Connect agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Davidson, Tennessee. The failure of Indie Connect to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
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