IC Membership Terms of Agreement

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. Completion of your application constitutes 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”).

Indie Connect reserves the right to change these Terms from time to time. You can always find the most current version of these Terms posted at http://indieconnect.com/membership/ic-membership-terms-of-agreement. If you do not agree to changes made to these Terms, your sole and exclusive remedy is to cancel your Indie Connect account (“Account”).

Indie Connect hosts multiple music industry networking meetings and other special events (workshops, seminars, conferences, jam sessions, showcases, etc.) (“Program(s)”). The terms of participation in Programs are located in section 14.

Indie Connect publishes Indie Connect Magazine at www.indieconnectmagazine.com, which is the company’s blog . Indie Connect has sole discretion over the content of the Indie Connect Magazine.

2. Member Registration
In order to access member-only content via the Service, you must first register with Indie Connect by completing the membership application and paying the applicable fee. By filling out the application, you agree that you are providing 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. Unless otherwise specified, membership accounts purchased are auto-renewing, meaning that we will automatically renew your membership and bill your credit card each month on the anniversary of your original membership registration. We will continue billing you on a monthly basis until you cancel your account.

Products and services  other than membership are non-recurring, meaning that they are for a fixed term only unless otherwise specified.
 

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. Use by any person under the age of 13 is strictly prohibited.

6. Member Content
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 on any Indie Connect-owned website. (“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.com or Indie Connect Magazine (www.indieconnectmagazine.com) 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 party;

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 may be 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 any of our websites, 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 an Indie Connect member, and will terminate on the date your membership expires. 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.com and IndieConnecMagazine.com 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 without express written consent from Indie Connect.

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; (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 implementation of any ideas or suggestions contained within the Content, your participation in Indie Connect Programs, your connection to the Service, any dealings that you undertake with people or companies listed on the website, your violation of the Terms, your breach of any warranties in these Terms, or your violation of any rights of another.

14. Program Participation
a.Exclusion.  As stated above, Indie Connect periodically hosts Programs. You agree that Indie Connect, including its Chapter Presidents and moderators of local meetings (“Meeting Coordinators”), may exclude you from participation in any Program if you behave in an offensive or disruptive manner, as determined in its the sole discretion.  Indie Connect grants authority to its Chapter Presidents and Meeting Coordinators to refuse access to Programs to anyone, regardless of membership level, with just cause, as determined in their sole discretion.

b. Release of Liability and Waiver. You release Indie Connect and its trustees, directors, officers, employees, agents, volunteers, successors, and assigns from any and all liability for, and waive any and all claims for, injury, loss, or damage in any way connected with your participation in the Program, including injury, loss or damage caused in whole or in part by the negligence or other misconduct of Indie Connect or any of the above-listed organizations or individuals (a “Claim”).

c. Assumption of Risk. You are aware of the risks of participating in the Program, and assume all risks, known or unknown, foreseeable and unforeseeable, in any way connected with your participation in the Program. You accept personal responsibility for any liability, injury (including death), loss or damage in any way connected with your participation in the Program.

15. DISCLAIMER OF WARRANTIES

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.

16. 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 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.

17. 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.

18. Social Network Terms of Service

The following Terms of Service apply to your use of Indie Connect’s Member-Only Network (“Network”). You are solely responsible for your conduct and your content on the Network and compliance with these terms. By browsing or using this Network, or registering with us, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to children younger than 13 and is offered only to users 13 years of age or older. Any person who provides their personal information through this Network represents that they are 13 years of age or older.

You agree that you will not post, email or make available any content or use this Network:

• In a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other proprietary rights or contractual rights;
• in a manner 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;
• to engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
• in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
• to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
• to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons’ ability to use this Network;
• to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy this Network or the content contained therein;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
• in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

• “Stalk” or otherwise harass anyone;
• Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
• Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
• Post any content containing child pornography to this Network;
• Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
• Post any content that constitutes pornography, contains nudity, or is adult in nature.
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
• Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network’s infrastructure;
• Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
• Use this Network as a generic file hosting service;
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
• Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.

To provide notice of alleged copyright infringement on this Network, please use the Notice and Takedown procedure outlined in the DMCA Notification Guidelines.

You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct.

You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network’s online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network.

Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.

19. 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). Both 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.