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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following legally binding terms and conditions and other applicable law. Whether you are merely a visitor, browsing through this website or a registered member who is enjoying all the features of this website, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use this site.
Welcome to indiedarkroom.com
Indie Darkroom, Inc. ("Indie Darkroom") provides the http://www.Indiedarkroom.com website ("Site") for its artists, members, friends and other permitted users. We want to enable your ability to use our Site and to get the most out of it, including listening to music, viewing videos, uploading content, chatting, exchanging ideas and interacting directly with other users and members. You understand and acknowledge that all of the the functions specified below shall not be available to all users of the Site (e.g.: "listeners" are currently unable to upload content)
We've worked hard to help give you the information here and elsewhere on our Site for you to get comfortable with our Site and to take part in the Indie Darkroom experience. Everyone (that includes us) hate reading through these Terms and Conditions of use, but our very expensive lawyers insist on it. So bear with us and please take some time to read through these Terms and Conditions. We hope you understand that these and our other policies and activities help us to provide you with the best online music community experience that we can conceive.
Copyright and Content Ownership
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Indie Darkroom, © 2011 Indie Darkroom, Inc. ALL RIGHTS RESERVED.
Indie Darkroom wants to you to use this Site to it's fullest potential however because we have invested a lot of time, money and energy into making this Site fully functional, you will need to understand and agree to a few considerations
(a)The Site may include works that are licensed to Indie Darkroom. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or, where applicable, to place an order with Indie Darkroom. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
(b)Though we own the text, graphics, trademarks of the Site, we don't claim to own any content that you upload onto the Site. On the other hand, as soon as you upload any content onto the Indie Darkroom Site, you represent and warrant that you either (i) own the content that you are uploading or (ii) you have the right or license to upload the content. You also warrant and represent that by uploading any content onto the Site, you are not violating the privacy, publicity, copyrights, intellectual property, or any other rights of any person or entity. Remember: you are solely responsible for the content that you upload onto the Site.
(c)The moment you upload content onto the Site, you automatically agree to grant Indie Darkroom the limited right, license and permission to reproduce, stream, and publicly perform that content on and through the Site or via any of Indie Darkroom third party licensees and affiliates. You also grant us the right to modify any and all content that you upload onto the Site so that we may satisfy the technical requirements (such as digitally compressing music files) of the Site. Remember: unless otherwise specified, Indie Darkroom will not be required to pay you anything for this limited use of the uploaded content.
(d)You may not upload, embed, post, email, transit or otherwise make available any material that infringes on any copyright, trademark, patent, trade secret or other proprietary rights of any person or entity. If you think that your work has been uploaded or posted to Indie Darkroom in manner that infringes or violates your rights in any manner, please send Indie Darkroom's copyright agent an email message with the following information:
i. Identification of the copyright work claimed to have been infringed;
ii. Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (eg: a URL link to the infringing material)
iii. Description of the basis of the infringement; iv. Your contact information including email address and phone number;
v. A statement by you that you have good faith belief that the use is unauthorized; vi. A statement by you under penalty of perjury that you are making the above statements in good faith that you are the authorized copyright holder; and
vii. An electronic signature Please send the copyright violation notification to: Indie Darkroom
Attn: Copyright Agent 104 Nordic Trail Asheville, NC 28804 Email: copyright@indiedarkroom.com
(e)Any other use, including but not limited to the modification, reproduction, distribution, display or transmission of the text, graphics, code of this Site or its content is strictly prohibited, unless authorized by Indie Darkroom or the owner of such content.
Trademarks
There are many different things that Indie Darkroom does and as such, Indie Darkroom operates under many different names, trademarks and or affiliations such as Indie DarkroomMusic.com, Indie Darkroom, Inc. All trademarks, service marks, logos and trade names of Indie Darkroom used in the Site or on any other affiliated site are trademarks or registered trademarks of Indie Darkroom or third parties who have authorized the use of such marks on our Site.
Registration To use Indie Darkroom, we will require you to register as a "Member". When registering you represent that the information you are providing is (a) accurate and truthful; (b) you will maintain the accuracy of such information; (c) you submit that you are at least 14 years old and (d) your use of the Site does not violate any Applicable Laws. Your membership profile maybe deleted without warning if any time we believe you have inaccurately represented any of the registration information about yourself.
As part of the registration process you must provide a username, password and email address. Because all information disclosed through our Site could become public information, you should exercise caution when sharing any of your personal information. You are solely responsible for and all use of your account. By the way, a word of advice: you should be careful with sharing private information ALL THE TIME on ANY WEBSITE, not just with Indie Darkroom.
When you sign up as a member of Indie Darkroom you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree to that you are solely responsible for any and all use of your account.
Use of Site Indie Darkroom wants you to enjoy the many functions and services on this Site such as uploading content, and interacting or sharing information with the other members. However, there are certain rules that you must abide by to ensure that everyone has the same positive experience from using this Site:
(a)Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including other members or visitors on the Site, is prohibited. (b)You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. (c)The Indie Darkroom site is for personal use only and may not be used for any commercial purposes except those that are specifically permitted by Indie Darkroom. You may not upload commercial content (ie: NO ADVERTISING, SPAMMING, SPIMMING, PHISHING, BULK MAILINGS, JUNK MAIL OF ANY SORT – NO EXCEPTIONS) on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. (d)Though you can create a hyperlink to the Indie Darkroom site from a third party webpage, the link must not portray Indie Darkroom or it's affiliates in an offense, derogatory, false or otherwise misleading manner. Participation Disclaimer Indie Darkroom does not assume any responsibility to review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Indie Darkroom is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Indie Darkroom reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Indie Darkroom in its sole discretion without any notice to you.
Warranty Disclaimer
This Site and the materials and other items on or available through this Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Indie Darkroom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Though we have spent a lot of time working on this Site, Indie Darkroom does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components (but chill: we are always working on bettering the Site and will continuously try to fix any defects on the Site). Indie Darkroom does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Indie Darkroom shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if Indie Darkroom has been advised of the possibility of such damages. Indie Darkroom is not responsible for any technical malfunctions of any network, computer hardware, operating system, software application, online system or any internet bandwidth complications, including any damage to any user's computer relating to or resulting from the participation, uploading or downloading of any materials or content in connection with the services provided by Indie Darkroom. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process.. Indie Darkroom will remove any content (including emails, posting, private messages, instant messages) posted by you that it believes in its sole judgment, to violate this Agreement or any of its policies. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Indie Darkroom may terminate your membership and block your use of this Site for any reason, including but not limited to a violation of your promises, warranties, terms and conditions of this Agreement.
Notice
Indie Darkroom may deliver notices to you relating to the use of this Site by means of e-mail, a general notice posted on our Site, or by other reliable method to the address you have provided to Indie Darkroom. From time to time, Indie Darkroom may modify the terms and conditions relating to your use of this Site. If Indie Darkroom does so, it will notify you via email and you will automatically be bound by those changes to this Agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Indie Darkroom, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Third-Party Links
In an attempt to provide an enhanced user experience and value to our members and other visitors, Indie Darkroom may link to sites operated by third parties. However, even if the third party is affiliated with Indie Darkroom, Indie Darkroom has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Indie Darkroom. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Indie Darkroom seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on its own site as well as sites to which we link (including if a specific link does not work). Privacy Policy Your use of this Site is also subject to Indie Darkroom's Privacy Policy, which you may review by Clicking Here Miscellaneous
Your use of this Site shall be governed in all respects by the laws of the State of New Jersey U.S.A., without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods (if otherwise applicable). You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in New Jersey. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Indie Darkroom's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Indie Darkroom may assign its rights and duties under this Agreement to any party at any time without notice to you. Either Indie Darkroom or you may depend that any dispute between Indie Darkroom and you must be settled by arbitration utilizing the dispute resolute procedures of the American Arbitration Association in New York, NY USA, providing that the foregoing shall not prevent Indie Darkroom from seeing injunctive relief in a court of competent jurisdiction. BY VISITING OR USING THE INDIE DARKROOM SITE, YOU HEREBY WARRANT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS AGREEMENT.
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