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Terms Of Use
INDIEVIZUALS - TERMS OF USE
1. WELCOME!
A. WELCOME TO INDIEVIZUALS! PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REEL KIDS, LLC REGARDING YOUR USE OF INDIEVIZ.COM. THE INDIEVIZUALS WEB SITE IS NOT FOR CHILDREN UNDER THE AGE OF 13 UNLESS PARENTS AND GUARDIANS APPROVE OF SUCH USE.
B. These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Reel Kids, LLC ("Reel Kids", "we", "us", or "our") regarding your use of the INDIEVIZUALS Internet Web site located at http://www.indieviz.com, as well as the associated web pages services, features and functions made available by Reel Kids. The term "INDIEVIZUALS" also includes any and all INDIEVIZUALS branded, equivalent, mirror, replacement, substitute or backup INDIEVIZUALS Web sites and web pages and those containing authorized INDIEVIZUALS Content.
C. Children Under 13. It is the policy of INDIEVIZUALS that we will not allow member registration, the use of, or otherwise promote any services of the Site to visitors under the age of 13. We request that parents and guardians approve the member registration of any visitor below the age of 13 before that visitors can use, register, or otherwise enjoy this Site. When a person beginning the registration process indicates that he or she is under 13, we will collect the e-mail address of the User's parent in addition to the User's e-mail address. We use the parent's e-mail address to seek the parent's verifiable consent and electronic signature. By using or attempting to use INDIEVIZUALS, you certify that you are at least 13 years of age or have received approval by either a parent or legal guardian, meet all other eligibility requirements for your use of INDIEVIZUALS and agree to these Terms of Use.
2. YOUR ACCEPTANCE.
A. By using INDIEVIZUALS, you understand, acknowledge and agree that you signify your agreement to these terms and conditions ("Terms of Use"), the INDIEVIZUALS' "Privacy Statement," and the "INDIEVIZUALS Video Submission Agreement" collectively "Agreement." When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Communities, Postings and Content (all as defined below), any features, functions and services we make available to you from time to time through INDIEVIZUALS (i.e., our INDIEVIZUALS Video Submission Agreement which governs your use of our Video Submission Service), any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Statement. All of these are hereby incorporated into our Agreement with you by this reference.
B. This Agreement will remain in full force and effect as long as you are a user of INDIEVIZUALS, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
C. The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from INDIEVIZUALS, transmit, receive or exchange data or communicate with INDIEVIZUALS, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of INDIEVIZUALS, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any Web sites or links that may direct your browser or your connection to third party Web sites or web pages.
D. Although we may attempt to notify you when major changes are made to this Agreement and these Terms of Use, you should periodically review the most up-to-date version http://www.indieviz.com/terms). INDIEVIZUALS reserves the right, in its sole discretion, to change, modify, add or delete portions of these terms of use at any time in accordance with the procedures set forth below in section 5 labeled "Modifications". Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
E. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use and this Agreement.
3. CONSIDERATION.
A. You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of INDIEVIZUALS and receipt of data, materials and information available at or through the INDIEVIZUALS Web sites, the opportunity for our review, use or presentation of your Postings (as defined below in section 8 labeled "Postings"), and the possibility of publicity and promotion from our review, use or presentation of your Submissions.
4. REGISTRATION.
A. There are portions of INDIEVIZUALS that we make available to users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
B. In order to access and use certain services, features or functions of INDIEVIZUALS, such as our Communities, our Video Submission Service, and in general any interactive feature of INDIEVIZUALS, we require users to register. As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that you provide your e-mail address, and may request that you provide other information as we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of INDIEVIZUALS. Please read our Privacy Statement, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. By registering you also agree to abide by our INDIEVIZUALS Rules of Conduct under Section 9.
i. Securing Your User ID. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
5. MODIFICATIONS.
A. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on INDIEVIZUALS and we may also e-mail you about these changes. Once we post them on INDIEVIZUALS, these changes become effective immediately and if you use INDIEVIZUALS after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. As you can appreciate, we must also reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of INDIEVIZUALS at any time, without any liability or obligation to you, with or without notice.
B. With regard to Users under the age of 13, INDIEVIZUALS is required to send a new notice and request for consent to parents if there are material changes in the collection, use or disclosure of personal information to which the parent had previously agreed. Therefore, all registered Users who have identified themselves as under the age of 13 will have their accounts suspended until parental consent has been verified of the modifications to the collection, use or disclosure practices.
6. PRIVACY.
A. We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Statement for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of INDIEVIZUALS. If you have any questions regarding INDIEVIZUALS' privacy practices, you may send your question to us by e-mail to info@indieviz.com or by U.S. mail to Reel Kids, LLC., Attn: Privacy Administrator, 10 West Pike Street, Covington, Kentucky 41011.
7. OWNERSHIP AND PROPRIETARY RIGHTS.
A. INDIEVIZUALS, including all content, media and materials, all INDIEVIZUALS software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of INDIEVIZUALS, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, are the property of INDIEVIZUALS and/or its Affiliates, and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
B. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "INDIEVIZUALS" includes "Content" as well.
C. INDIEVIZUALS authorizes you to access Content and grants you the right to use INDIEVIZUALS solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on INDIEVIZUALS, including notices on any Content you download, transmit, display, print or reproduce from INDIEVIZUALS. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of INDIEVIZUALS. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our INDIEVIZUALS Video Submission Agreement that applies specifically to that service.
D. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from INDIEVIZUALS, unless you are expressly authorized to do so by INDIEVIZUALS. As an express condition of your use of INDIEVIZUALS, you warrant to INDIEVIZUALS that you will not use INDIEVIZUALS for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. INDIEVIZUALS makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access INDIEVIZUALS.
E. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on INDIEVIZUALS that infringes the copyright rights of others and will disable the access to INDIEVIZUALS and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. We take protection of copyrights, both our own and others, very seriously.
F. The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of INDIEVIZUALS, are the intellectual property of and proprietary to INDIEVIZUALS, its Affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of INDIEVIZUALS.
8. POSTINGS.
A. Definitions. INDIEVIZUALS offers you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities";) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information and (b) user content, your submission of which is also governed by the terms and conditions therein, and collectively will be considered a "Posting" or "Postings" for purposes of this Agreement.
B. Agreement about Postings. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, INDIEVIZUALS, the Parent Companies or the Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to:
i. refuse to allow you to Post;
ii. remove and delete Postings;
iii. revoke your right to use the Site; and/or
iv. use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
C. If a Posting originates from you or your account, you hereby agree that:
i. you specifically authorize the Site, INDIEVIZUALS the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature;
ii. you represent and warrant that
(1) the Posting is original to you and/or fully cleared for use as contemplated herein;
(2) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement;
(3) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation;
(4) the Posting is not obscene or in any other manner unlawful;
(5) the Posting shall not be injurious to the health of any user; and
(6) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
iii. if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that
(1) you have the right to grant the Site, INDIEVIZUALS, the Parent Companies and their Affiliates the right to use all such Postings as described above;
(2) the Posting was produced in compliance with all applicable laws and regulations; and
(3) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (i.e., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. With the submission of each such Posting, you must deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
D. You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made).
E. The amount of storage space on INDIEVIZUALS per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
F. If you believe that any content on INDIEVIZUALS (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
9. RULES OF CONDUCT.
A. Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, INDIEVIZUALS, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of INDIEVIZUALS, or from advertising, linking or becoming a supplier to us in connection with INDIEVIZUALS;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Web site or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- gain unauthorized access to INDIEVIZUALS, other users' accounts, names, User IDs, personally identifiable information or other computers, Web sites or pages, connected or linked to INDIEVIZUALS or to use INDIEVIZUALS in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of INDIEVIZUALS or the rights or use and enjoyment of INDIEVIZUALS by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of INDIEVIZUALS, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
10. INDEMNIFICATION.
A. You agree to indemnify, defend and hold INDIEVIZUALS, its Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through INDIEVIZUALS or your unauthorized use of any Content.
B. INDIEVIZUALS reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with INDIEVIZUALS in the defense of any such claim, action, settlement or compromise negotiations, as requested by INDIEVIZUALS.
11. ADVERTISING.
A. From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Again, we encourage you to read the Terms of Use of each third party Web site.
12. SHOPPING.
A. Any e-commerce offered on this Site brought to you by INDIEVIZUALS, is governed by the Yahoo® store terms and conditions.
B. You may return new, unopened items sold and fulfilled by INDIEVIZUALS within 30 days of delivery for a full refund. Items should be returned in their original product packaging. We'll also pay the return shipping costs if the return is a result of our error. Just visit our online Returns Center, and we will guide you through the process and even supply you with a return mailing label you can print out.
C. You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days). We'll notify you via e-mail of your refund once we've received and processed the returned item. INDIEVIZUALS' RETURN POLICY IS GOVERNED BY YAHOO STORE TERMS AND CONDITIONS.
D. Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge). Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you.
E. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval.
F.Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
G. You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
H. If an order consists of multiple items, they may be shipped separately depending on availability.
13. VIRAL FEATURES.
A. There may be portions of our Site, content, functionality or features (i.e. digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or Web site of anyone else, whether a commercial Web site or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you are bound by the applicable provisions of this Agreement and our Privacy Statement.
14. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS.
A. From time to time, INDIEVIZUALS, the Parent Companies, the Affiliates or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
15. HYPERLINKS TO THIRD PARTY SITES.
A. Linking to third-party Web sites from INDIEVIZUALS is at your own risk. INDIEVIZUALS includes links to other Web sites on the internet that are not owned and operated by INDIEVIZUALS, but instead are owned and operated by online merchants and other third parties. INDIEVIZUALS has not reviewed all the Web sites that may be linked to the INDIEVIZUALS Web sites.
B. INDIEVIZUALS does not endorse and is not responsible for the content of any off-web-site pages or any other Web sites linked to INDIEVIZUALS. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, INDIEVIZUALS, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, INDIEVIZUALS', the Parent Companies' or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. You should contact the Web site administrator or webmaster for those third-party Web sites about any concerns regarding such links or the content located on such Web sites.
C. Any opinions, advice, statements, services, offers or other information supplied to or made available on the INDIEVIZUALS Web sites by third parties are those of the respective author(s) and INDIEVIZUALS is not responsible for and neither endorses nor guarantees the accuracy or usefulness of such material. INDIEVIZUALS expressly disclaims any liability associated with such material.
D. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Statement, which describes how INDIEVIZUALS collects and uses your Personal Information and co-branding relationships.
E. We encourage you to be aware when you leave the INDIEVIZUALS Web sites and to read the terms and Privacy Statement of each other Web site that you visit. Your use of those third-party Web sites is subject to the terms of use and privacy policies of each Web site, and we are not responsible therein.
16. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE AND CONTENT REMOVAL RIGHTS.
A. If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
B. It is INDIEVIZUALS' policy to terminate a User's access to its Web site if, under appropriate circumstances and at INDIEVIZUALS' sole discretion, the User is determined to be a repeat infringer. INDIEVIZUALS may, at its sole discretion, limit access to the Web site and/or terminate the account of any User who infringes any intellectual property rights of others, whether or not there is any repeat infringement. INDIEVIZUALS reserves the right to decide whether the Posting is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, excessive length or irrelevant materials. INDIEVIZUALS may terminate a User's access for posting such material in violations of this Terms of Use at any time, without prior notice and at its sole discretion.
C. INDIEVIZUALS reserves the right, but disclaims any responsibility or obligation, to remove any Posting from its Web site that violate these Terms of Use. INDIEVIZUALS does not control or edit Postings before they appear online. INDIEVIZUALS reserves the right to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding identification of any user alleged to be using the INDIEVIZUALS Web sites in violation of the law. INDIEVIZUALS does not permit copyright infringing activities and infringement of intellectual property rights on its Web site. INDIEVIZUALS has sole discretion, but disclaims any responsibility or obligation, to remove any material for any reason whether deemed inappropriate or unlawful or for any reason whatsoever. INDIEVIZUALS reserves the right to modify or discontinue the Service with or without notice to the User. INDIEVIZUALS shall not be liable to User or any third party should INDIEVIZUALS exercise its right to modify or discontinue the Service. User acknowledges and accepts that INDIEVIZUALS does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
D. The following is a list of prohibited content and activities (the list is not exhaustive but illustrative of these items illustrate the types of offenses) that will get your account terminated and you banned from the Web site:
1. Using INDIEVIZUALS when under the age of 13 without the approval of a parent or legal guardian;
2. Allowing a child under the age of 13 to use INDIEVIZUALS unless you are the said child's parent or legal guardian;
3. Posting content or material that infringes on copyright or intellectual property rights;
4. Exercising predatory behavior or posting content that is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be staling or constitute an invasion of a right of privacy of another person;
5. Posting pornography or sexually explicit content. Any child pornography or endangerment found on the site will be reported to the proper authorities and INDIEVIZUALS will cooperate with law enforcement in prosecuting the offender;
6. Posting or promoting any criminal activity or enterprise or providing instructional information about illegal activities including, but not limited to terrorism, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
7. Posting or encouraging graphic or gratuitous violence. You may not post or encourage content that is patently offensive or hate speech meant to attack or demean a particular gender, sexual orientation, race, religion, ethnic origin, age, disability or nationality;
8. Transmitting "junk mail", "chain letters", instant messaging or unsolicited mass mailings. You may not engage in antisocial, disruptive, unlawful, or destructive acts, including "flaming", "spamming", "flooding", and "trolling", or any acts that may limit the functionality of any computer software or hardware or equipment as those terms are commonly understood and used on the Internet;
9. Harvesting or collecting email addresses or other contact information of other users from the Web site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
10. Selling or otherwise transferring your account information; or
11. Violating any of the Rules of Conduct.
17. DISCLAIMER AND LIMITATIONS OF LIABILITY.
A. THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of INDIEVIZUALS. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of INDIEVIZUALS, including, without limitation, Postings and Materials associated with your use of INDIEVIZUALS.
B. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, INDIEVIZUALS, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
C. Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of INDIEVIZUALS. You further understand and acknowledge the capacity of INDIEVIZUALS, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
18. DIGITAL MILLENNIUM COPYRIGHT ACT
A. Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any posting or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the INDIEVIZUALS Copyright Agent with the following information in writing (see 17 U.S.C 513(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contracted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
INDIEVIZUALS' designated Copyright Agent to receive notifications of claimed infringement is: The Wolfe Practice, LPA, 4430 Carver Woods Drive, Cincinnati, Ohio 45242. Only Digital Millennium Copyright Notices should go to the Copyright Agent; any other feedback, request for technical support, and other communications should be directed to INDIEVIZUALS customer service at support@indieviz.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Posting that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Posting, you may send a counter-notice containing the following information to support@indieviz.com:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith believe that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Kenton County, Kentucky, and a statement that you will accept service of process from the person provided notification of the alleged infringement.
If a counter-notice is received, INDIEVIZUALS may send a copy to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. INDIEVIZUALS has the discretion of re-posting the material if no further lawsuit is filed or if it obtains proof of no copyright or intellectual property right infringement.
19. USER DISPUTES
A. You are solely responsible for your interactions with other INDIEVIZUALS Users. INDIEVIZUALS reserves the right, but has no obligation or responsibility, to monitor disputes between you and other users.
20. ARBITRATION
A. By using this Web site, you agree that INDIEVIZUALS, at its sole discretion, may require you to submit any disputes arising from the use of this Web site, or these Terms of Use concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the Commonwealth of Kentucky.
B. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
21. ASSIGNABILITY
A. INDIEVIZUALS may assign its rights and duties under this Agreement to any party at any time without notice to you. However, these Terms of Use may not be assigned by the User.
22. WAIVER.
A. The failure of INDIEVIZUALS hereto to enforce at any time, or for any period of time, any provision of this Agreement shall not be construed as a waiver of either such provision or the right of INDIEVIZUALS thereafter to enforce each and every provision of this Agreement.
23. SEVERABILITY.
A. If any provision of this Agreement is determined to be invalid under any applicable statue, rule of law or court of competent jurisdiction, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
24. CONTACT INFORMATION
A. If you have questions regarding our Terms of Use and/or our general practices, please contact us at info@indieviz.com. INDIEVIZUALS will use commercially reasonable efforts to promptly respond and resolve any problem or question.
B. Aymie Majerski, Reel Kids, LLC., 10 West Pike Street, Covington, Kentucky 41011.
C. 859-431-9200
25. MISCELLANEOUS TERMS.
A. Without limitation, our Privacy Statement, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and INDIEVIZUALS and supersedes any and all prior, inconsistent or other understandings relating to INDIEVIZUALS and your use of INDIEVIZUALS.
B. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of INDIEVIZUALS, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
C. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
26. APPLICABLE LAWS
A. This Agreement and your use of INDIEVIZUALS shall be governed by, construed and enforced in accordance with the substantive laws of the Commonwealth of Kentucky applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the Commonwealth of Kentucky and County of Kenton and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that INDIEVIZUALS has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
B. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF INDIEVIZUALS OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Copyright © 2008 Reel Kids, LLC - All Rights Reserved.
INDIEVIZUALS - VIDEO SUBMISSION SERVICE AGREEMENT
Please read this Video Submission Service Agreement carefully because it is a part of the Terms of Use and represents your legally binding agreement with us ("Agreement") regarding your use of the INDIEVIZUALS Video Submission Service ("Service"). Unless defined separately, terms used in this Agreement are defined in our Terms of Use. The Service may operate not only on and in conjunction with our Web site, but also the Web sites of INDIEVIZUALS' Affiliates (as defined in the Terms of Use), our or their licensors, suppliers, agents, licensees, franchisees, representatives, successors and assigns, and third parties with whom we have made arrangements to make all or any part of our Service available (collectively, the "INDIEVIZUALS Entities" and, individually, an "INDIEVIZUALS Entity") and consequently all references to our Service, unless the context clearly requires otherwise, includes our Web site and their Web sites related to our Service as well. When you click (select) the "I Accept" box to upload your video, or by using or attempting to use the Service, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with INDIEVIZUALS. If you are acting as an officer, director or employee of an organization, by accepting, you represent and warrant you have full legal authority to bind that employer or entity. All users who want to submit videos or use any of the interactive features of our Service, such as commenting on videos, or our Web Communities and Forums, must be registered users of the INDIEVIZUALS Web site. We have the right to change the terms and conditions of this Agreement any time as described in our Terms of Use. If you do not agree with all the terms and conditions of this Agreement at any time, including, without limitation, those times when we make changes, do not use, do not attempt to use, and immediately discontinue your use of, the Service, because if you do any of these things you are agreeing to be bound by all of the terms and conditions of this Agreement, including, without limitation, any changes we have made.
IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this Agreement and the Content Requirements in Section 3 of this Agreement and each and every time you submit or attempt to submit a video, among other things, you will be asked to confirm your compliance.
1. Submitting Videos. We will use the term "video" to mean and refer to any and all content, media and materials you submit to or for the Service, whether directly to us or through any of the INDIEVIZUALS Entities, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. To submit videos to the Service you must upload your video (transmit a copy of the digital video file) through the Internet through our Web site or you may be able to do so through a Web site of one of the INDIEVIZUALS Entities with whom we have made arrangements that will allow you to upload your videos through their Web site. Whether directly through or to INDIEVIZUALS or any INDIEVIZUALS Entity we have arrangements with, each time you upload or submit your video (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your video are on the web page provided for the upload of your video. To be considered for posting and display to the public, your video must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the web page for uploading your videos. In order to submit videos, you will also need to meet our Age Requirements (See Section 2 below) and your video must meet our Content Requirements (See Section 3 below). When submitting videos to or for any of the INDIEVIZUALS Entities, you may also be required to comply with certain requirements and agree to terms and conditions that they may separately require or impose and you should check with them for these requirements, terms and conditions, since they, not us, control their own Web sites and submission and display requirements, as well as the information they may obtain about you during that process. When you submit a video to the Service, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the content, length, your location and/or similar information. By submitting your video, you are also agreeing and you understand that the term "video" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your video and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable videos. Proof that you submitted a video does not constitute proof that we or any of the INDIEVIZUALS Entities received anything.
2. Age Requirements. The Service is only available for use by persons who are 13 years of age or older and you may not use or be registered to use the Service if you are under the age of 13 unless we receive verifiable consent of your parent or legal guardian. Some material on or accessible from the Service may not be suitable for children. If you are not yet 13 years old and do not have permission by your parents or legal guardians, do not use or attempt to use the Service. You should carefully read our Privacy Statement for more information regarding the collection of personal information from children. Even if you are over 13 years old, certain restrictions still apply if you are considered a minor where you live (generally under 18 years of age, but requirements may be different where you live and you must comply with the laws that apply to you). You may not register to use the Service and you cannot agree to be bound by this Agreement on your own behalf if you are a minor. If you are at least 13 years old, but are still a minor (i.e., under 18) you will be referred to in this Agreement as a "teenager" and you must present this Agreement to your parent or legal guardian and we have the right to request that he or she provide certain additional information. If you are a teenager, when you click the "I ACCEPT" box on the video upload Web page, you are confirming to us that you have received your parent's/guardian's express consent to do so and that your parent/guardian (i) has read and, on your behalf, agrees to be bound by this Agreement, (ii) is not a minor and is entering into this Agreement on behalf of you, the teenager and (iii) understands, agrees and shall be fully responsible for you, their teenager's, use of the Service. If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in the Agreement or he or she does not wish you to register for the Service, do not click the "I Accept" box and do not use or attempt to use the Service.
3. Content Requirements. You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. Videos do not reflect the views of INDIEVIZUALS or any of the INDIEVIZUALS Entities and neither INDIEVIZUALS, nor any of the INDIEVIZUALS Entities represents or guarantees the truthfulness, accuracy, or reliability of any video, nor endorses or supports any opinions expressed in any videos, and except for attempting to prevent Unauthorized Content from being displayed, we do not filter or screen any videos. In no event shall INDIEVIZUALS or any INDIEVIZUALS Entity have or be construed to have any responsibility or liability for or in connection with any of your videos. If we determine, in our sole discretion, you have not met the Age Requirement (See Section 2 above) or our Content Requirements or if, in our judgment, you or any video you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further videos, (b) remove and delete your videos, (c) revoke your registration and right to use the Service and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password. We make no claim the Service or any video is appropriate for any particular purpose or audience, or that any video, software or our Service may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations. You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as INDIEVIZUALS deems appropriate, any "Unauthorized Content" which is defined as any video that is or could be construed as violating any of the terms and conditions of this Agreement, and/or any of the Rules of Conduct set forth in our Terms of Use, including, without limitation:
- causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our Service;
- unauthorized access to the Service or information of other users;
- the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Service; or
- any requirements, rules, terms or conditions that may be applicable to the INDIEVIZUALS Entities in connection with the Service.
Neither INDIEVIZUALS nor any INDIEVIZUALS Entity controls any video submitted and, although we may use both automated and manual means of reviewing videos in order to prevent Unauthorized Content from appearing and being displayed on INDIEVIZUALS, we do not have any obligation to you to review, evaluate or monitor videos for that or any other purpose. INDIEVIZUALS reserves the right to review any submitted video and to delete, remove, move, edit or reject, without notice to you, any video that INDIEVIZUALS deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to INDIEVIZUALS or any of the INDIEVIZUALS Entities, for any reason or for no reason whatsoever; provided, however, that INDIEVIZUALS shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If INDIEVIZUALS receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (See Section 4 below), INDIEVIZUALS may remove videos associated with such claim. INDIEVIZUALS reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright; Content Requirement Violations; Breach of Agreement. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
5. Rights Granted to INDIEVIZUALS and other INDIEVIZUALS entities. In connection with each and every video you submit to or through the Service, you grant to INDIEVIZUALS and the INDIEVIZUALS Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, supplement, enhance, excerpt, extract, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your video on INDIEVIZUALS, the Service, and any Web sites, channels, services, and other distribution platforms of INDIEVIZUALS and any INDIEVIZUALS (collectively, the "Platforms"), for not-for-profit, commercial, educational or any purpose whatsoever (including, without limitation, for purposes related to INDIEVIZUALS, the INDIEVIZUALS Entities, the Service, and the Platforms and/or the promotion thereof) without accounting, notification or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to INDIEVIZUALS and the INDIEVIZUALS Entities, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to INDIEVIZUALS and the INDIEVIZUALS Entities, these rights include, without limitation, the right to create derivative works of, distribute and synchronize all or any portion of your video in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your video; to encrypt, encode and decode, and compress and decompress all or any portion of your video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your video; and to excerpt and/or extract portions of your video in order to host, store, index, categorize and display your video on or through the Platforms. By submitting your video to the Service, in addition to the rights, licenses and privileges referred to above, you are also granting INDIEVIZUALS and each of the INDIEVIZUALS Entities the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Service, the Platforms, and any products, goods, features, functions, capabilities and/or services associated with INDIEVIZUALS and/or any of the INDIEVIZUALS Entities and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your video, for any purpose whatsoever, without any compensation or accounting to you, in products or services developed by any INDIEVIZUALS Entities, without limitation or restriction whatsoever. The rights, licenses and privileges described in this Agreement and granted to INDIEVIZUALS and the INDIEVIZUALS shall commence immediately upon submission of a video to or through the Service (by upload or any other means we or any of the INDIEVIZUALS Entities make available to you) and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by INDIEVIZUALS on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither INDIEVIZUALS, nor any INDIEVIZUALS Entity, shall be required or have any obligation to host, index, display, accept or use any submitted video (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and INDIEVIZUALS may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any video. Once you submit or attempt to submit your video to or through the Service, whether to or through INDIEVIZUALS or any of the INDIEVIZUALS Entities, you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to INDIEVIZUALS or the INDIEVIZUALS Entities. You are not entitled to and you will not receive any compensation or other consideration for your video or any use made of your video once submitted to or through the Service. You also understand and agree that neither all or any portion of your video, nor any commercial, advertisement, promotional, marketing or other material associated with your video, need to be submitted for approval prior to use. You hereby release INDIEVIZUALS and the INDIEVIZUALS Entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your video, including, without limitation, any and all liability for any use or nonuse of the your video, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. INDIEVIZUALS and the INDIEVIZUALS Entities have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with the video and the rights granted to INDIEVIZUALS and the INDIEVIZUALS Entities hereunder. INDIEVIZUALS has the right to license, authorize and/or otherwise enter into agreements and arrangements with any INDIEVIZUALS Entity and/or all of the INDIEVIZUALS Entities to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Agreement, in whole or in part. To the extent INDIEVIZUALS does so, when you submit a video to or through the Service, each such INDIEVIZUALS Entity shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to INDIEVIZUALS hereunder and related thereto as if you had entered into this Agreement with such INDIEVIZUALS.
6. Ownership. INDIEVIZUALS retains all right, title and interest in and to the Service, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the Service. If INDIEVIZUALS or any of the INDIEVIZUALS Entities provides you with software or other capabilities or makes software or capabilities available to assist you in any download, upload or other process, the software and/or such capabilities is and are provided "as is" without representations or warranties of any kind. You acquire no rights in or to such software or capabilities other than a limited, revocable, non-exclusive and non-transferable license to use same, solely in connection with our Service as specified by us or any of the INDIEVIZUALS Entities. We will not be liable for malfunctions, loss of data, damage to hardware, programs or devices resulting from use of any software, capabilities or interaction with our Service. You must use your own programs and firewalls to scan all software, to prevent intrusion, viruses, other malicious code and damage. INDIEVIZUALS is not responsible for any damage if you fail or are unable to do so. Except for the licenses, authorizations, consents and rights granted hereunder and described in this Agreement, as comprehensive and broad as they may seem or actually be, INDIEVIZUALS acquires no title or ownership rights in or to any videos you submit through the Service and nothing in this Agreement conveys to us any ownership rights in your videos. INDIEVIZUALS is acting only as a host, bulletin board or conduit for submitted videos in connection with our Service, with all of the specific rights granted by you hereunder. Although by your submission of each and every video you are requesting and directing us and any of the INDIEVIZUALS Entities with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the video on the Platforms), neither we, nor any of the INDIEVIZUALS Entities, have any obligation to do any of these things. You must own the rights to each video you submit and each element of each video you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to INDIEVIZUALS and by submitting each video to or through the Service, you reaffirm each such representation, warranty and covenant, that (a) you are not a minor and you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and condition or, if you are a teenager, your parent or legal guardian has agreed to this Agreement on your behalf, (b) all of the information provided by you associated with your use of the Service and each time you submit a video to or through the Service, is correct, complete and current, (c) neither your video or your submission of any video violates this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you make in the Terms of Use and (e) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described. Upon the request of INDIEVIZUALS, you will furnish INDIEVIZUALS any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants. You acknowledge that other persons may have submitted videos to us or the INDIEVIZUALS Entities, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your video or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of a video, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any video you or anyone else submits to or through the Service, that is purely coincidental and unavoidable.
7. Financial Consideration. INDIEVIZUALS and each of the INDIEVIZUALS Entities reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Service, INDIEVIZUALS or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your video may be displayed on or otherwise used by or in connection with the Service, INDIEVIZUALS or other Platforms.
8. Indemnification. Your indemnification obligations under the Terms of Use include, without limitation, any third party claims arising from, related to or caused by your video, the submission of your video and/or in any way associated with this Agreement and/or the Service.
9. Disclaimers and Limitation of Liability. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR VIDEO, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE. INDIEVIZUALS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SERVICE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE SERVICE IS MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SERVICE THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. INDIEVIZUALS DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. INDIEVIZUALS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
10. General. The Terms of Use, incorporating this Agreement, is the entire agreement between you and us relating to the Service and the subject matter of this Agreement and supersedes any prior or inconsistent agreements. INDIEVIZUALS may terminate this Agreement with you and your right to use the Service at any time without notice to you.
(BOX) I ACCEPT INDIEVIZUALS Video Submission Service Agreement
By checking the "I ACCEPT" box above, I am confirming that I have read and accept INDIEVIZUALS' Terms of Use and the Video Submission Agreement (above) and I am not a minor or a minor that has the express consent to use this service from my parent or guardian.
INDIEVIZUALS submission agreement This Video Submission Service Agreement was last modified on January 30, 2008 and is effective immediately.
INDIEVIZUALS - PRIVACY STATEMENT
1. Introduction
- INDIEVIZUALS is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect from those interacting with our Web site. By accessing the INDIEVIZUALS Web sites, you acknowledge and fully understand INDIEVIZUALS' Privacy Statement and freely consent to the information collection and use practices described in this Privacy Statement. INDIEVIZUALS reserves the right to change this Privacy Statement from time to time so you are encouraged to periodically check this Policy for any updates. Your continued use of the Web site constitutes your agreement to this Privacy Statement and any updates.
2. Terms
- "Personally Identifiable Information" or "Personal Information" means information that identifies a particular individual, such as the individual's name, postal address, e-mail address, and telephone number. When other information (such as, for example, consumer product preferences) is directly associated with personally identifiable information, this other information also is treated as personally identifiable information for purposes of this Privacy Statement. Personally identifiable information does not include User Names (also known as member names, usernames or other online aliases) provided by visitors to the INDIEVIZUALS Web sites in the course of registering with or using any of our Web sites, except in circumstances in which we request that Users provide their e-mail addresses as their User Names.
- The terms of this Privacy Statement are subject to all applicable laws.
3. Information Provided to the INDIEVIZUALS Web Sites
- Information Provided to INDIEVIZUALS by Users
A. Much of the personally identifiable information we receive comes directly from Users who are interested in our services. Typically, this information includes the User's name, postal address, e-mail address, and telephone number. We may also collect other types of information such as gender, age, and personal interests, which we may associate with personally identifiable information. You may also provide us photographs or other video materials, which may contain personal information. We may collect personal information when you register on, log on, or visit our Web sites, including when you participate in activities on our Web sites, such as sweepstakes, contests, games, and informational and promotional offers, and when you provide information to our customer service representatives. Finally, our Web sites may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums (as defined in the Terms of Use governing our Web sites (the "Terms of Use")), as well as other features in which you may provide us with Postings (as defined in the Terms of Use). If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party. Our rules regarding Postings are described in the Terms of Use, including in the "Postings," and "Rules of Conduct" sections of the Terms of Use.
- Information Collected Through Technology
A. We collect information through technology to make our sites more interesting and useful to you and for various purposes related to our business. For instance, when you come to one of our sites, we collect your IP address. An IP address is associated with the access point through which you enter the Internet, and is typically controlled by your Internet Service Provider (ISP), your company, or your university. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which our Users visit various parts of our sites, and we may combine IP addresses with personally identifiable information.
B. Our Web sites collect information through a variety of technical methods, including cookies and Web beacons. Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web site. Web beacons are small pieces of data that are embedded in images on the pages of Web sites. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf.
C. We may use the information collected through these technical methods for many purposes, including delivering content, tracking and enhancing our Users' experience on our Web sites. For example, when you return to one of our Web sites after logging in, cookies provide information to the site so that the site will remember who you are. We also may use technical methods to analyze the traffic patterns on our Web sites, such as the frequency with which our users visit various parts of our Web sites, and third party Web sites, such as the frequency with which our users visit other Web sites. In HTML e-mails that we send our Users, we may use technical methods for a number of purposes, including: to determine whether our Users have opened or forwarded those e-mails and/or clicked on links in those e-mails, to customize the display of banner advertisements and other messages after a User has closed the e-mail, and to determine whether a User has made an inquiry or purchase in response to a particular e-mail. These technical methods may enable us to collect and use information in a form that is personally identifiable.
D. Many advertisements are managed and placed on our Web sites by third parties. These companies are called "network advertisers." Network advertisers who place advertisements on our Web sites may use cookies and web beacons to collect non-personally identifiable information about your visits to our Web sites and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like to obtain more information about the practices of some of these network advertisers and to make choices about their use of your information, please click here. Finally, please keep in mind that if you click on an advertisement on one of our Web sites and link to a third party's Web site, then our Privacy Statement will not apply to your personally identifiable information collected on that third party's Web site and you must read the Privacy Statement posted on that site to see how your personally identifiable information will be handled.
- Information That We Collect from Others
A. We may update and supplement personally identifiable information that we have collected directly from our Users with other information that we obtain from third parties. In addition, we may obtain personally identifiable information about individuals who are not yet users of our Web sites, when we associate information that we obtain from third parties or other members of INDIEVIZUALS with personally identifiable information that we have collected under this Privacy Statement, we will treat the acquired information like the information that we collected ourselves and, except as permitted by this Privacy Statement, the information will not be shared with third parties.
4. Use of Personal Information
- INDIEVIZUALS may use your personally identifiable information in many ways, including sending you promotional materials, and sharing your information with third parties so that these third parties can send you promotional materials. (By "promotional materials," we mean communications that directly promote the use of Web sites, or the purchase of products or services.) As outlined below, you may "opt out" of certain uses of your personal information.
- Non-Registered Transactions with the INDIEVIZUALS Web Sites
B. You may engage in some transactions on our Web sites without registering and logging on the Web sites. When you engage in a Non-Registered Transaction with a member of the INDIEVIZUALS Web sites:
1. personal information that you provide during your transaction will not be shared with any third party, and
2. you will have the opportunity to opt out (as described below) of allowing personal information that you provide during your transaction to be used by INDIEVIZUALS to send their promotional materials to you. If you permit INDIEVIZUALS to send you promotional materials, you may withdraw the permission (i) during a subsequent Non-Registered Transaction or (ii) by clicking here and following the instructions. If you withdraw permission and subsequently engage in another Non-Registered Transaction, you again may grant permission at the time of that transaction to allow INDIEVIZUALS to send their promotional materials to you. In some instances, if you grant a permission and subsequently withdraw that permission within 30 days (or you withdraw a permission and subsequently grant a new permission within 30 days), your subsequent action may be disregarded. Therefore, to be certain that any modification of your permission status will be effective, please wait 30 days before making any such modification.
C. If you withdraw permission by following the procedures described in the previous paragraph, it may take up to thirty (30) days (unless a shorter time period is required by applicable law) for INDIEVIZUALS to stop sharing your personal information for promotional purposes with other INDIEVIZUALS companies. In addition, it may take up to ninety (90) days (unless a shorter time period is required by applicable law) for members of INDIEVIZUALS to stop using your personal information for promotional purposes. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses on our Web sites, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information on our Web sites, systems maintained by INDIEVIZUALS may have varying contact information for you. Accordingly, it may not always be possible to match your new opt-out choices with your personal information that you previously have provided.
D. In addition, please note that Article 5 of this Privacy Statement describes various exceptions that apply to opt-out choices you may make, and these exceptions apply to any choices that you make regarding the use of your personal information that you provide during Non-Registered Transactions.
E. Finally, please remember that the opt-out choices that you make during Non-Registered Transactions will not affect the opt-out choices that you make while registered and logged on to our Web sites, and the opt-out choices that you make while registered and logged on to our Web sites will not affect the opt-out choices that you make during Non-Registered Transactions.
F. Third Parties Offering Promotions, Products, or Services
1. Subject to your opt-out choices (see Article 5 below), INDIEVIZUALS may share your personal information with selected third parties so that they can send you promotional materials about goods and services (including special offers and promotions) offered by them. (We call this type of sharing "promotional sharing" or sharing for "promotional purposes.") When sharing your information for promotional purposes, INDIEVIZUALS attempts to select only reputable companies that offer high quality products and services. Moreover, INDIEVIZUALS will not share your e-mail address with third parties for promotional purposes, except when you consent to such sharing in the course of your participation in a Sponsored Activity as described below. When INDIEVIZUALS shares your personal information with a third party under any circumstance described in this "Third Parties Offering Promotions, Products, or Services" section, your personal information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Statement with respect to its use and further sharing of your personal information.
2. In addition to the promotional sharing that is subject to your opt-out choices under Article 5 below, INDIEVIZUALS may also share your information when you engage in certain activities on our sites that are sponsored by third parties, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party. INDIEVIZUALS may also share your personal information when you respond to promotional materials from INDIEVIZUALS and authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional materials, providing you a product or service, or entering you in a contest, sweepstakes or game. (We refer to all of these activities and requests as "Sponsored Activities.") When you participate in Sponsored Activities, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate's privacy practices. Since you will have consented to this specific instance of sharing of your personal information, the opt-out choice for "Third Parties" described in Article 5 below will not apply.
G. Companies that Facilitate Communications and Transactions with You
1. Sometimes INDIEVIZUALS hires companies to help provide products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a sweepstakes. In those instances, there is a need to share your information with these companies. Sometimes INDIEVIZUALS also works with other companies who help either gather your information or communicate with you, such as a company that helps to provide customer service. Your opt-out choices below will not apply to sharing by INDIEVIZUALS of your personal information with any of these companies. Nonetheless, except as separately permitted by other provisions of this Privacy Statement, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or to facilitate compliance with laws.
H. Companies That You Previously Authorized to Obtain Your Information
1. In certain circumstances, your dealings with a third party may have authorized that third party to obtain your personal information from INDIEVIZUALS and to use that information in accordance with the third party's own privacy practices and policies. For example, in using an online shopping service (such as the shopping services offered by Internet portals that refer the portal's users to third-party merchants), you may have authorized that shopping service to obtain from the service's participating third-party merchants (including INDIEVIZUALS related companies) information about your purchases conducted through the shopping service. In such circumstances, your opt-out elections under Article 5 below will not apply to sharing of your personal information by INDIEVIZUALS. Nonetheless, INDIEVIZUALS will provide such companies only the information that you authorized (except as separately permitted under other provisions of this Privacy Statement).
I. Purchase or Sale of Businesses
1. From time to time, we may purchase a business or sell one or more of our businesses (or portions thereof) and your personally identifiable information may be transferred as a part of the purchase or sale. In the event that we purchase a business, the personally identifiable information received with that business would be treated in accordance with this Privacy Statement, if it is practicable and permissible to do so. In the event that we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by this Privacy Statement (including any amendments to this Privacy Statement). In light of this protection, your opt-out choices under Article 5 will not affect our right to transfer your information to a purchaser in these circumstances. The provisions of this paragraph will also apply in the event that one or more businesses of any other member of INDIEVIZUALS are sold and personal information subject to this Privacy Statement is transferred to a purchaser of those businesses.
J. Disclosures to Comply With Laws and Disclosures to Help Protect the Security and Safety of Our Web Sites, INDIEVIZUALS and Others
1. Regardless of any opt-out choices that you make under Article 5, INDIEVIZUALS will disclose personal information when it believes in good faith that such disclosures (a) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Web sites, INDIEVIZUALS and/or third parties, including the safety and security of property that belongs to INDIEVIZUALS or third parties.
5. Opt-Out Choices
- In General
A. With regard to personal information that you have provided under this Privacy Statement, there are three separate opt-out choices available to you. These opt-out choices are the means by which you give us, or decline to give us, your consent to use your personal information for the purposes covered by these opt-out choices. Some of our Web sites may not present you all three opt-out choices described below. Please be assured, however, that if any one of these opt-out choices is not presented to you on a Web site, then personal information collected from you on that site will not be used for the purposes covered by that opt-out choice. There are several methods by which you can exercise your opt-out choices:
1. during the registration process on our Web sites;
2. after registration, by logging on our Web sites, clicking on our Privacy Statement links, going to a site's (sometimes called a site's "Member Services" or "Preference" center), and following the opt-out directions; and
3. as described below in Article 6.
B. Each of these opt-out choices is subject to the exceptions described further below in this Article 5.
- The three opt-out choices
A. Third Parties:
1. You may choose to opt out of receiving promotional materials from third parties. If you do not choose this opt-out, INDIEVIZUALS may share your personal information so that third parties can send you these promotional materials. Your opt-out choices for third parties generally are specific to the particular Web sites where you make these choices. Thus, if you want to opt out of all uses of your personal information covered by the "Third Parties" opt-out, you must consistently elect that opt-out at each of our Web sites either when you register or when you log in and visit that Web site's User Services center. If you want to make a change in your "Third Parties" opt-out choices, you will need to make that change at each of our Web sites where you previously made a different choice. Please bear in mind that this opt-out choice for "Third Parties" will not apply to the licensees and co-branding participants described above in Article 3.
B. INDIEVIZUALS:
1. You may choose to opt out of receiving promotional materials from INDIEVIZUALS, including the licensees and co-branding participants. This opt-out choice is found on each of our Web sites. For your convenience, when you make a choice regarding this opt-out at any one of our Web sites, we will treat that choice as replacing any other choices regarding that opt-out that you may previously have made. Thus, if you want to make a change in your "INDIEVIZUALS" opt-out choice, you can make that change by visiting the Service Center at any one of our Web sites. Your election to choose this "INDIEVIZUALS" opt-out will not, however, override your consent to receive promotional materials from a specific company of the INDIEVIZUALS Web sites. As described in the following paragraph, you provide this consent when you complete a registration page on, or visit the Help Center of, the Web site for a specific member of the INDIEVIZUALS Web sites and choose not to opt out of receiving promotional materials from that specific member.
C. Individual INDIEVIZUALS Companies
1. You may choose to opt out of receiving promotional materials directly from a specific company of INDIEVIZUALS by completing a registration page on, or visiting the Service Center of, the Web site for that member. However, if you do not also opt out of receiving promotional materials from "The INDIEVIZUALS Web sites." as described in the preceding paragraph, you may still receive promotional materials from this specific company of The INDIEVIZUALS Web sites.
D. Miscellaneous
1. Please keep in mind that any opt-out choices you make will not apply in situations where
i. you either have made, simultaneously make, or later make a specific request for information from a member of The INDIEVIZUALS Web sites;.,
ii. the INDIEVIZUALS Web sites. use your personal information for either "Operational Uses" or "Fulfillment Uses" (as described above in Article 3);,
iii. you either have engaged, simultaneously engage, or later engage in either Non-Registered Transactions or Sponsored Activities (as described above in Article 3); or
iv. the INDIEVIZUALS Web sites share your personal information under the provisions of Article 3 above with respect to "Companies That Facilitate Communications and Transactions With You," "Companies That You Previously Authorized to Obtain Your Information," "Purchase or Sale of Businesses," or "Disclosures to Comply with Laws and Disclosures to Help Protect the Security and Safety of Our Web sites, INDIEVIZUALS. and Others." Also, any opt-out choices you make will not apply to personal information that you provide about other persons, but these other persons will have the opportunity to opt out of receiving promotional materials.
2. In addition, any time that we send you promotional materials that you have consented to receive under one of the previously described opt-out choices, we may accompany those materials with promotional materials covered by the other opt-out choices. We may do so even if you have opted out of receiving promotional materials covered by those other opt-out choices.
3. Finally, if you do not exercise your opt-out choices upon registration or initial log-in at our Web sites, it may take up to ninety (90) days for your opt-out choices to be fully effective. Our systems require time to update, and promotional mailings using your personal information shared before your opt-out may already be in process. Finally, please keep in mind that, if you have not consistently used the same postal and email addresses on our Web sites, or if you have used a general change of address process (such as the change of address process offered by the U.S. Post Office) after providing address information on our Web sites, systems maintained by members of INDIEVIZUALS may have varying contact information for you. Accordingly, it may not always be possible to match your new opt-out choices with your personal information that you previously have provided.
6. Security Measures
- The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect User information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
7. Updating your Contact Information and Opt-Out Selections
- You can access and update the contact information you gave us during registration (that is, your postal address, e-mail address, or any other information that would directly enable us to contact you), or modify your opt-out choices, by going to our member services centers. Simply click on this link http://www.indieviz.com, or go to the Service Center on our Web sites, and then log in with your User name and password. In some cases, you may need to visit the Service Center on a particular Web site to change your preferences associated with that Web site. There are instructions on the start page of the link above to help you recover your password if you've forgotten it. If you need to recover your password, you can also contact us via e-mail at info@indieviz.com. Please include information in the e-mail that will help us identify your account so we can assist you with your request. We may also provide you an opportunity to update your contact information and/or modify your opt-out choices by sending you an e-mail or other communication that invites your response. Finally, you may unsubscribe from certain e-mail communications by clicking on unsubscribe links in those e-mails.
- In some cases, your account may expire or be terminated under our Terms of Use. If so, you may contact the Service Center at info@indieviz.com to update your information and opt-out choices (to the extent that we still retain them).
8. How to Ask Questions & Send Comments to INDIEVIZUALS on this Privacy Statement
- If you have questions or wish to send us comments about this Privacy Statement,
please send an e-mail with your questions or comments to info@indieviz.com, call us at
859-431-9200 or write us at:
Reel Kids, LLC., 10 West Pike Street, Covington, Kentucky 41011.
- Please be assured that any personal information that you provide in communications to the above e-mail and postal mail addresses will not be used to send you promotional materials, unless you so request.
9. Amendments to the Privacy Statement
- We may amend this Privacy Statement at any time. If we amend this Privacy Statement to permit material changes in the way we collect, use, and/or share your personal information, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of such amendment on the Web sites covered by this Privacy Statement. Any such amendment to this Privacy Statement will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web sites covered by this Privacy Statement. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the amendment described in the notice. In any event, an amendment to this Privacy Statement may permit material changes in the way we use and share personal information that you provided us prior to our notification to you of such amendment. If you do not wish to allow such material changes, you must so notify us (in the manner we specify) prior to the effective date of the amendment. If you provide us this notice, we may choose to deactivate your account. Please be advised, however, that, regardless of whether you provide such notice to us, any such amendment to this Privacy Statement will apply to any personal information that you provide us on or after the effective date of such amendment.
- With regard to Users under the age of 13, INDIEVIZUALS is required to send a new notice and request for consent to parents if there are material changes in the collection, use or disclosure of personal information to which the parent had previously agreed. Therefore, all registered Users who have identified themselves as under the age of 13 will have their accounts suspended until parental consent has been verified of the modifications to the collection, use or disclosure practices.
10. CHILDREN'S PRIVACY
- When a person who begins the registration process indicates that he or she is under 13, we will inform the child that a parent's verifiable consent is required. To obtain the parent's verifiable consent, we will need the parent's credit card number and email address to seek the parent's verifiable consent and electronic signature. The parent always has the right to unsubscribe his/her child from a newsletter or other similar activity. If a user is under 13, we will not condition his/her participation in an online activity on the disclosure of more information than is reasonably necessary to participate in the activity.
- Prior parental consent is not required when:
1. INDIEVIZUALS collects a child's or parent's email address to provide notice and seek consent;
2. INDIEVIZUALS collects an email address to respond to a one-time request from a child and then deletes it;
3. INDIEVIZUALS collects an email address to respond more than once to a specific request -- say, for a subscription to a newsletter. In this case, INDIEVIZUALS will notify the parent that it is communicating regularly with the child and give the parent the opportunity to stop the communication before sending or delivering a second communication to a child;
4. INDIEVIZUALS collects a child's name or online contact information to protect the safety of a child who is participating on the site. In this case, INDIEVIZUALS will notify the parent and give him or her the opportunity to prevent further use of the information;
5. INDIEVIZUALS collects a child's name or online contact information to protect the security or liability of the site or to respond to law enforcement, if necessary, and does not use it for any other purpose.
- We do not share children's information with outside third parties not bound by this Privacy Policy. If you would like to review any personally identifiable information that we have collected online from your child, have this information deleted, and/or request that there be no further collection or use of your child's information or if you have questions about these information practices, you may contact us at info@indieviz.com, at 859-431-9200, or at Reel Kids, LLC., Attn: Aymie Majerski, Privacy Administrator, 10 West Pike Street, Covington, Kentucky 41011.