Welcome to IndieOnTheMove.com (the “Site”). The following user agreement states the terms and conditions for your use of the Site. The words “user,” “you” and “your” as used in this agreement refer to users of the Site, and if you are under the age of 18 years old, “you” and “your” also includes your parents or legal guardians. “We” and “us” refers to Indie On The Move LLC.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE: By checking the “Agreed” box below, you signify (i) that you are at least 18 years old, and (ii) your agreement and, as the case may be, your minor child’s agreement, to these terms and conditions of use. If you do not agree to these terms and conditions of use, you will not be permitted to use the Site. We reserve the right, in our sole discretion, to change, modify, add or otherwise alter these terms and conditions at any time. Such changes, modifications and/or alterations are effective immediately upon their posting here. Upon such posting, you will be notified. Continued use of the Site will constitute your acceptance of the changes and/or modifications and/or alterations of the terms and conditions. You are responsible for periodically reviewing this page.

 

REGISTRATION: You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. You also agree to promptly notify us at privacy@indieonthemove.com of any unauthorized use of your username, password, or other account information, or any other breach of security that you become aware of. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

 

USE OF THE SITE:

You agree to not:

1. Use the Site in such a way as to offend, harass, or interfere with the use of the Site by anyone;
2. Upload, post, email, transmit or otherwise make available any content, names, information, or materials of any kind to the Site that would violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to names, information, or materials that libel, defame, or invade the privacy of any third party, or which are obscene or pornographic, that is unlawful, harmful, threatening, abusive, harassing, vulgar, false or inaccurate or racially, constitute personal attacks on other individuals; infringe the intellectual property, trade secret or proprietary rights of any third party; promote illegal activity; advertise or solicit funds or goods or services; or are deemed confidential by any contract or policy.
3. Attempt to access or access any other user’s account;
4. Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
5. Attempt to elude or elude the security systems of the Site;
6. Attempt to gain access or gain access to the Site in a fraudulent manner;
7. Use the Site for any purposes other than those intended by Indie On The Move LLC, as determined by Indie On The Move LLC in its sole discretion; or
8. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment. We further reserve the right to modify and/or discontinue the Site at any time without notice, and to terminate your password and account should you be in violation of this user agreement, including but not limited to the provisions of this section entitled “Use of the Site”.

 

PUBLISHED MATERIAL: You hereby acknowledge and agree that you are solely responsible for all material that you post or publish on the Site, including but not limited to software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks/service marks, and trade names, trade dress and patents (the "Material"). You represent, warrant and agree that no Material submitted by you will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You represent and warrant that you own and/or have all legal rights necessary to publish any Material submitted by you. You hereby acknowledge and agree that Indie On The Move LLC, at its sole discretion, and at all times, possesses the right to refuse and/or to cause the removal of any or all of your Material for any reason. You hereby acknowledge and agree that Indie On The Move LLC, at its sole discretion, may disclose your Material to a third party in order to:

1. Comply with relevant court orders and/or legal guidelines; and/or
2. Protect the rights and safety of other individuals; and/or
3. Settle disputes over intellectual property ownership.

Material may be made available on the Site, or via the Site, by third parties not within Indie On The Move LLC's control. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly via the "Contact Us" link located at the bottom of the Site's pages if you believe any materials on the Site infringe a third party's intellectual property rights. Upon our receipt of a notice of claimed infringement we will follow the procedures under the Digital Millennium Copyright Act ("DMCA"), to provide such notices and communications to any third party. If you engage in "Repeat Infringement", which is defined as two or more instances where you have infringed on the rights of a third party, we may terminate your registration and account without notice, and you will no longer be permitted access to the Site.

 

INTELLECTUAL PROPERTY: We own, protect and enforce copyrights in our own creative material, including but not limited to our software, designs, text, images, photography, illustrations, audio clips, video clips, artwork, graphic material, animation or other copyrightable elements, the selection and arrangements thereof, and all trademarks/service marks, and trade names, trade dress and patents (the "Material"). You agree not to reproduce, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, but not limited to the display and distribution of the Materials via a third party site) without  prior written consent from Indie On The Move LLC. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

 

DISCLAIMER & LIMITATION OF LIABILITY: The Site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either expressed or implied. We do not warrant that the functions contained in or on the Site will be uninterrupted or error-free, or that defects will be corrected. Indie On The Move LLC, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of the Site or with respect to the information and material contained on the Site. To the fullest extent permissible pursuant to applicable law, Indie On The Move LLC, its affiliates, and subsidiaries, and their respective officers, directors, employees, agents, licensors, and representatives are not liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the Site or materials contained on the Site whether the material is provided or otherwise supplied by Indie On The Move LLC or any third party, even if we have been advised of the possibility of such damages. The entire risk as to the quality, accuracy, completeness, correctness, and validity of any material rests with you. Notwithstanding the foregoing, in no event shall Indie On The Move LLC’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing the Site or US $.99, whichever is less.

 

CLASSIFIEDS: Conducting business online, whether it be selling or buying, has and will always carry a risk. As more members frequent the classifieds, so does the potential chance of deals going bad (intentional or unintentional). We do encourage the use of these classifieds to sell or look for items - however, purchases and sales are made at your own risk and Indie On The Move LLC will not be held liable in any way. Site moderators and administrators are not responsible for any losses resulting from the use of the classifieds section.

 

INDEMNITY: You agree to indemnify, defend, and hold harmless Indie On The Move LLC, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any of these terms and conditions. You will use your best efforts to cooperate with us in the defense of any claim arising from or caused by conduct of yours that violates these terms and conditions. Indie On The Move LLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, provided that you fully cooperate with Indie On The Move LLC in asserting any available defenses.

 

SEVERABILITY: If any provision of these terms and conditions is found to be illegal, void, or unenforceable, that provision will be deemed severed from the balance of the agreement and will not affect the validity and enforceability of the remaining provisions, which will continue in full force and effect.

 

PRIVACY: Please visit our Privacy Policy which also governs your use of the Site and is incorporated in and made part of these terms and conditions. If you are outside the United States, you understand and agree that by providing the Site with any information about yourself, you are consenting to the transfer of that information to the United States.

 

CUSTOMER SERVICE: In order to obtain customer service, access the "Contact Us" link located at the bottom of the Site’s pages to transmit a message to Indie On The Move LLC about any issues that may arise in connection with your use of the Site.

 

MISCELLANEOUS: No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. These terms and conditions contain the entire understanding of the parties hereto relating to the subject matter hereof.

These terms and conditions and all matters or issues collateral thereto are governed by, construed and enforced in accordance with the laws of the State of New York and applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws). Jurisdiction for all disputes arising from or relating to these terms and conditions shall be exclusively in the state or federal courts located in the State of New York, County of New York.