IndieOrbit.com | Terms of Use

Indie Orbit, LLC (“IndieOrbit",“we",“our”, or “us”), provides the IndieOrbit.com World Wide Web Site (the “Site", located at http://www.IndieOrbit.com) together with the advertising and content on the Site and any related services (collectively, the “Services”), subject to your compliance with the terms and conditions set forth in this agreement (“Agreement”).

1. Acceptance of Agreement. By using the Site or the Services or contributing content or media to the Site or the Services, you agree to be bound by these terms and conditions, our Privacy Policy, and any other agreement you are required to enter into with IndieOrbit in conjunction with your participation in the Site. If you do not agree to these terms and conditions, you are not authorized to use the Site or the Services. This Agreement together with IndieOrbit’s Privacy Policy (http://www.IndieOrbit.com) constitutes the entire and only agreement between us and you, as a registered member, user, contributor, or visitor (“you”), and supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. The words “you” or “your” shall also mean heirs, executors, administrators, successors and legal representatives. We reserve the right at any time to impose or change any fees or charges for use of the Site or Services, change the Site or the Services, including eliminating or discontinuing any content on or feature of the Site. This Agreement may be amended at any time by us without specific notice to you. Any changes we make will be effective immediately on notice, which we may give by posting the revised Agreement on the Site. Your use of the Services after such notice will be deemed acceptance of such changes.

While using the Site and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials or content that you transmit to the Site and we expressly reserve the right to remove any materials or content from the Site at any time for any reason without notice. You acknowledge and agree that we have the right to monitor the Site and the materials you transmit and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly; to protect IndieOrbit, the Site, the Services, our sponsors, partners, affiliates, and our members and visitors; and to comply with any legal obligations, regulations, or governmental requests. Your submission of a credit card, debit account number, PayPal account number or other adult or age verification means and subsequent use of the Site and Services is an admission that you are at least 18 years of age. IndieOrbit may condition your right to participate on the Site or in the Services on your furnishing to IndieOrbit and keeping updated at all times any such personal or age identifying information as IndieOrbit may require.

2.Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights. The Site contains information created by IndieOrbit and by users who submit information to the Site or to IndieOrbit. When applicable, you may view and read the content of the Site and make contributions by adding, deleting, or modifying content for use for the purpose of this Site (“Contributions”). However, you represent and warrant that you are the copyright holder of the Contributions when you submit them to the Site or to IndieOrbit. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Sections 6 and 7, is prohibited. You do not acquire ownership rights to any content, document or other materials served by or retrieved from the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3.Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work or material has been copied or is accessible on the Site in a way that constitutes copyright infringement, you may notify IndieOrbit at support@indieorbit.com by providing our Copyright Agent with the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed and a description of the allegedly infringing activity;

(c) An identification of where the allegedly infringing material or activity is located on the Site;

(d) Your name, address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

4. Limitations on Contributions and/or Use of the Site. You may not submit Contributions that are copyrighted, unless you are the copyright holder or have the permission of the copyright owner. You may not submit Contributions or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent or otherwise objectionable content, or infringes on our or any third party’s intellectual property, privacy rights or other rights. You may not submit Contributions or transmit any information, software, or other material that contains a virus, worm or other harmful or disruptive component. You may not submit Contributions that are advertisements, solicitations, promotional materials, or other forms of solicitation on any other film page than your own film page(s). You may not post or transmit chain letters or pyramid marketing schemes. You may not restrict or inhibit any other visitor, user, contributor or member from using the Site or the Services; post or communicate any personal information (name, address, account name, etc.) of a visitor, user, contributor or member through the Site or the Services; or collect, harvest or disclose information about other Site visitors, users, contributors or members without their consent. You may not conduct any act which interferes with or slows the operation of the Site or the Services. You may not use any application or other device or process to retrieve, index or reproduce or circumvent the navigational structure or presentation of the Site. You may not use the Site or Services for any unlawful purpose. We may at any time discontinue the Site or ban you and/or your film pages from the Site if you do not follow or abide by the standards, rules, and regulations that the Agreement states.

5. Trademarks. ‘INIDEORBIT.COM’, ‘INDIEORBIT’, ‘INDIEORBIT.COM’ and Design, ‘SHINE ON!’, and all associated logos, graphics, images and domain names, including without limitation, www.indieorbit.com, are the tradenames, trademarks, service marks, logos and/or domain names of IndieOrbit (the “IndieOrbit Marks”). Other product and company names mentioned on the Site may be trademarks of their respective owners. You agree that you will not challenge the respective ownership rights of IndieOrbit in or to the IndieOrbit Marks, and that you will not register or attempt to register any tradename, trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the IndieOrbit Marks contained on the Site or in the Services.

6. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, materials or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree that upon downloading and purchasing content from the Site, such content will be available for your use for a limited period of time and is downloaded and purchased “as is” and “as available”. From time to time the charges associated with downloading and/or purchasing content from the Site may change and we reserve the right at any time to modify or change the charges without notice to you.

7. Contributor Rights and Obligations. If you submit Contributions to the Site or to IndieOrbit (“Contributor”) you warrant that you are the copyright holder of the Contributions when you submit them to the Site or to IndieOrbit. Through submission of your Contribution(s), you are granting to IndieOrbit, its licensees, successors, assigns, related or affiliated entities, advertisers, sponsors, providers, contractors, consultants or professional advisors or the parent, subsidiary or affiliated companies of each of them and any of its or their employees, officers, directors, member, shareholders, representatives or agents (the “IndieOrbit Parties”) the right to distribute and view your Contributions. You also authorize IndieOrbit the right to grant other users of the Site and the Services licenses to view the Contributions in accordance with Section 6. As a Contibutor, you retain all other rights in and to your Contributions. You have the right to modify the content or information contained on your film page; you do not acquire or have any rights to change or otherwise modify the content or information contained upon another Contibutor’s film page. You do not acquire ownership rights to any content, document or other materials provided by other Contributors, except as provided by Section 6. You have the right to remove your Contributions from the Site provided you supply IndieOrbit with no less than thirty (30) days notice prior to such removal. Upon removal of a Contribution, you agree that you will be solely liable for any obligations arising under or associated with any third party or merchant agreement regarding content on your film page and/or associated with your Contribution. You also agree that IndieOrbit will not be held liable for or subject to any of your obligations arising under or associated with any third party or merchant agreements regarding content on your film page and/or associated with your Contribution. If you remove your Contribution, you agree to abide by the payment terms as set forth in the Contributor agreement available at info@IndieOrbit.com. We reserve the right to remove any Contribution(s) without notice or cause at any time for any reason including, but not limited to, a violation of this Agreement.

8. Blogs and emails. The Site and Services may provide access to blogs and emails of other users, visitors, members and/or Contributors of the Site and Services. You may not submit content via blogs and/or emails that are copyrighted, unless you are the copyright holder or have the permission of the copyright owner. You may not submit content or information via blogs and/or emails that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent or otherwise objectionable content, or infringes on our or any third party’s intellectual property, privacy rights or other rights. You may not submit content or transmit any information, software, or other material via blogs and/or emails that contain a virus, worm or other harmful or disruptive component. You may not submit content or information via blogs or emails that is an advertisement, solicitation, promotional material, or other form of solicitation. You may not post or transmit chain letters or pyramid marketing schemes via blogs or emails. You may not restrict or inhibit any other visitor, user, contributor or member from using a blog or email; post or communicate any of a visitor, user, contributor or member’s personal information (name, address, account name, etc.) via a blog or email; or collect, harvest, disseminate or disclose information about other Site visitors, users, contributors or members via blog or email without their consent. We expressly reserve the right to remove, modify, edit and/or delete any materials, information or content you have provided without notice to you.

9. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site without giving notice. Except as otherwise provided in paragraph 7, you may not modify, copy, or tamper with any film or screenplay or any other content that you may access through the Site, or use any content that you might access through the Site or the Services for any reason other than reading, viewing, listening to or reviewing such screenplay or content. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services, or the software underlying either of them, or modify any materials downloaded from the Site.

10. Indemnification. You shall be fully responsible for any violation of this Agreement or of any other agreement between you and IndieOrbit (including, but not limited to, the Privacy Policy, and any other agreement). You agree to defend, indemnify, and hold harmless us and our partners, attorneys, hosts, designers, staff and affiliates (collectively, “Affiliated Parties”) from any and all liabilities, losses, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of the Site or the Services or your violation of this Agreement. IndieOrbit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with IndieOrbit in asserting any available defenses.

11. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information, content, media or documents is not transferable. This Agreement is not assignable or otherwise transferable by you, and any such transfer, assignment or sublicense shall be null and void. No agency, partnership, joint venture or employment relationship between you and IndieOrbit is intended or created by this Agreement.

12.Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE INFORMATION AND SERVICES FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE.” INDIEORBIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDIEORBIT PROVIDES NO ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER SUPPORT. THE VIEWS EXPRESSED BY OTHER USERS OR CONTRIBUTORS OF THIS SITE AND SERVICES ARE SOLELY THE VIEWS OF THE RESPECTIVE PARTY AND IN NO WAY REFLECT THE VIEWS OF INDIEORBIT OR THE INDIEORBIT PARTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INDIEORBIT DISCLAIMS ANY WARRANTY THAT ANY FILM, SCREENPLAY, POSTING, OR OTHER CONTENT ON THE SITE OR IN THE SERVICES IS APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR READER, OR THAT SUCH MATERIAL IS FREE OF OFFENSIVE, INDECENT, OBSCENE, DEFAMATORY OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS. YOU ACKNOWLEDGE THAT WE DO NOT AND CANNOT REVIEW AND MONITOR ALL CONTENT ON THE SITE OR IN THE SERVICES, AND YOU HEREBY AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR PUBLICATION OR YOUR VIEWING OR READING OF, EXPOSURE TO, OR ACCESS TO ANY FILM, POSTING, SCREENPLAY OR OTHER CONTENT ON THE SITE OR THE SERVICES.

INDIEORBIT MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR SYSTEM’S REQUIREMENTS, OR THAT THE SITE OR THE SERVICES (OR THE SERVERS THAT MAKE THEM AVAILABLE) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS OR OTHER LIMITATIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

INDIEORBIT DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL INDIEORBIT AND/OR THE INDIEORBIT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIEORBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE INDIEORBIT PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE, THE SERVICES, AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

YOU ACKNOWLEDGE THAT INDIEORBIT EMPLOYS REASONABLE DIGITAL RIGHTS MANAGEMENT (DRM) MEASURES TO YOUR CONTRIBUTION OR CONTRIBUTIONS, AND YOU AGREE THAT YOU WILL NOT HOLD INDIEORBIT OR THE INDIEORBIT PARTIES LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), THAT RESULT FROM THE APPLICATION AND/OR USE OF OR INABILITY TO USE THE DRM MEASURES TO YOUR CONTRIBUTION OR FROM A THIRD PARTY’S CIRCUMVENTION OF THE DRM MEASURES.

UNDER NO CIRCUMSTANCES SHALL INDIEORBIT AND/OR THE INDIEORBIT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), THAT RESULT OR ARISE FROM ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY ADVERTISERS AND/OR MERCHANTS OR FOR ANY INFORMATION APPEARING ON OR PROVIDED BY MERCHANT SITES OR ANY OTHER SITE LINKED TO OR FROM OUR SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIEORBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

14. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

15. Third-Party Services. We allow access to or advertise third-party merchant sites or advertising sites (the “Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered or information provided by the Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or noninfringement. The inclusion of a link to a Merchant anywhere on the Site does not imply that we endorse or accept any responsibility for the content on Merchant sites. Under no circumstances are we liable for any damages arising from the transactions between you and Merchants or for any information appearing on Merchant sites or any other site linked to or from our Site. IndieOrbit makes no warranty regarding any goods or services purchased or obtained through the Merchants or any transactions entered into by way of the Site or Services. You agree that you will be liable for any damages that may result or arise from any transactions between you and the Merchants including but not limited to advertising agreements, purchasing transactions, and the like, whether or not the liability is based on contract, breach of warranty, tort, negligence, product liability, strict liability or any other basis.

16. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

17. Cast and Crew Advertising Services. We allow access to or advertise the services of third parties (“Advertisers”), including but not limited to individuals, firms, headhunters and the like, that seek employment or advertise employment opportunities as a cast member and/or as a crew member in film or cinematography. You understand that we do not operate or control the products or services offered or information provided by these Advertisers. We are not a party to the transactions and/or agreements written, oral or otherwise entered into between you and the Advertisers. You agree that use of the services and/or products from such Advertisers is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. The inclusion of a link to an Advertiser anywhere on the Site does not imply that we endorse or accept any responsibility for the content provided by Advertisers or Advertiser sites. Under no circumstances are we liable for any damages arising from the transactions between you and Advertisers or for any information appearing on Advertiser sites or any other site linked to or from our Site. IndieOrbit makes no warranty regarding any goods or services purchased or obtained through or from the Advertisers or any transactions entered into by way of the Site, the Services, or by way of an Advertiser’s site or services including but not limited to employment agreements and the like. You agree that you will be liable for any damages that may result or arise from any transactions and/or agreements between you and the Advertisers whether or not the liability is based on contract, breach of warranty, tort, negligence, product liability, strict liability or any other basis.

18. Privacy Policy. We require you to read our Privacy Policy, as it may change from time to time, which (in addition to this Agreement and any other agreement by which you may be bound) sets out how we collect and use any information you submit to IndieOrbit or through the Site or the Services. You must be at least 18 years old to register to use this Site or the Services.

19. Payments. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you or under your obligations in this Agreement at the posted prices, including any applicable taxes. You also agree to pay the prices posted anywhere on the Site including but not limited to those prices posted on a Contributor’s film page. You acknowledge that from time to time the prices associated with downloading and/or purchasing content from the Site and/or film pages may change without notice to you.

20. Links to Other Web Sites. The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

21. Termination and Suspension. IndieOrbit reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Site or the Services, at any time, with or without notice. If your access to all or part of the Site or the Services has been terminated or suspended for any reason, you are still liable for any and all payments you have made or owe to IndieOrbit, and you agree that these payments are nonrefundable to you.

22. Integration and Severability. This Agreement, together with the Privacy Policy referred to herein, constitutes the entire agreement between you and IndieOrbit with respect to the Site and the Services and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and IndieOrbit with respect to the Site and the Services. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

23. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Summit, New Jersey, United States of America, and shall be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to conflict of law principles. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations as set forth in this Agreement. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Union County, New Jersey, United States of America. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Your access and use of the Site or the Services also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration 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.