1. General Use of Site and Content.
2. Registration; Customer Accounts.
(i) Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Indi immediately of any unauthorized use of your account or password, or any other breach of security. You agree to provide us with accurate, current and complete information about yourself and your billing/payment information as prompted by the registration process or any conversion and redemption process.
(iii) You hereby represent, warrant and agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service, message board, directory, survey, feedback or other service available on or through the Site or the services offered on the Site, that:
3. Consent To Collection, Use & Disclosure of Your Personal Information.
(ii) Your Indi account name will be publically visible when you post any content on the Site. By registering and becoming a member of Indi, all visitors and other Indi members will be able to search your profile by entering (a) your first and/or last name provided by you in your account information, (b) your email address as provided by you in your account information, and (c) other pieces of basic information in your profile, including without limitation, any and all Content that you are associated with. If you send an email, text or other form of communication to another individual using any service or tools offered on the Site, your first name, last name and email address will be disclosed to the recipient of any such communication.
4. Posting Content. The potential public display and performance of your videos and other posted content on the Indi.com site and any resulting publicity generated constitutes the sole consideration for the licenses, waivers and releases granted in this section. Except as otherwise expressly set forth in any Challenge Rules, by the act of submitting a video, comments, reviews, ideas or feedback through a challenge or otherwise on the Site, you hereby grant to Indi.com and its designees the irrevocable, fully paid-up, royalty free, sublicensable, transferable, perpetual, worldwide exclusive right and license to reproduce, distribute, transmit, publicly display and perform, modify, create derivative works of, synchronize, broadcast and generally use any such content (or parts thereof) whether recorded, distributed, displayed, streamed or performed/broadcast on or transferred to videotape, film, slides, photographs, audio tapes, internet or any other media, now known or later developed. For purposes of clarity, this grant includes without limitation the right to (a) edit and to use, not use or re-use such content in whole or part as Indi.com may elect in its sole discretion, and you agree to release and waive any and all privacy or moral rights you may have with respect to the way in which your name, likeness, image, portrait, picture, voice, appearance and/or performance is displayed or edited within such content or in connection with the promotion of such content or the collection of winning videos for a challenge, and (b) broadcast, exhibit, market, sell and otherwise distribute any such content, either in whole or in parts, and either alone or with other products, for any purpose that Indi.com or its designees in their sole discretion may determine.
6. Disclaimer of Warranties. THE SITE, SERVICES, CONTENT, DATA, AND INFORMATION ARE PROVIDED "AS IS." INDI EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE INDI SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
8. Policy to Terminate Privileges for Copyright Infringement. A. If you believe that your copyright has been infringed through the Indi.com website, please contact "Legal Department", at: Attn: Legal Department, Indi Inc., 20 Enterprise, Suite 310, Aliso Viejo CA 92656
Any written notice describing the infringing activity must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of a right that is allegedly infringed;
A description of where the allegedly infringing material is located on the site;
Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
9. Counter-Notice. If you believe that your Content 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 material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: 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 belief 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 courts in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If such a counter-notice is received, Indi may send a copy of the counter-notice to the original complaining party informing that person that Indi may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Indi's sole discretion.