TERMS OF USE AND SERVICE

About Your Visit to IndiePix.net
Welcome to IndiePix. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “IndiePix” or “us” or “we” or “our” refers to IndiePix/Independent Film Development Group, LLC, the owner of this website. The term “you” refers to the user or visitor. This agreement may be amended at any time by us without specific notice to you. The latest version will be posted at this site. Reviewing our Legal Notice prior to using the site is recommended.

License & Site Access
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes. Any unauthorized use terminates the permission or license granted by us. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the site and the content/materials provided therein.

Copyrights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to IndiePix are protected under applicable copyrights, servicemarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of this site is strictly prohibited. You do not acquire ownership rights rights to any content, documents, or other materials viewed. The posting of information or materials at IndiePix does not constitute a waiver of any right in such information and materials. Certain content on our site is the copyrighted work of third parties.

Information & Press Releases
This site may contain information and press releases about IndiePix. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours, contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Third Party Content
Third party content may appear on our site or may be accessible via links from the site. We do not assume liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the site. You understand that the information and opinions in the third party content solely represent the thoughts of the author and is neither endorsed by IndiePix nor does it necessarily reflect our beliefs.

Advertisers & Sponsors
Occasionally, this site may contain advertising and/or sponsorships. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on this site are accurate and comply with all applicable laws. IndiePix is not responsible for the illegality or any error, inaccuracy, or problem in any such materials provided to us.

Linking To or From IndiePix
You may provide links to IndiePix provided that (a) you do not remove or obscure advertisements, copyright notices, or other notices on the site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us. Conversely, our website does contain links to other websites. We do not claim responsibility for the content, accuracy, or opinions expressed at such sites. Inclusion of any linked website on our site does not imply approval or endorsement of the linked site by IndiePix.

Corrections & Changes
While we at IndiePix strongly believe in attention to accuracy and detail, we do not represent or warrant that our site will be entirely error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or throughout the site will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the site at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on our site.

Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding site use by you and all information provided by you in any manner consistent with our Privacy Policy. You acknowledge that you are responsible for whatever materials you submit to IndiePix and their respective legality, reliability, appropriateness, originality, and copyright. Please review our Privacy Policy in addition to this Legal Notice. Our Privacy Policy also governs your visit to IndiePix, and it is provided to aid you in understanding our practices.

User Registration
Certain sections of or offerings from IndiePix may require you to register with us. If registration is required, you agree to provide us with accurate, complete registration information. Each registration is for your personal use only and not on behalf of any other persons or entity. We do not permit (a) any other person using the registered sections under your name, or (b) access through a single name being made unavailable to multiple users on a network. You are responsible for preventing such unauthorized use.

Payment for Products & Services
You represent and warrant that if you are puchasing products or services from IndiePix that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay the charges incurred by you according to prices and fees shown on our site (including any applicable taxes) or fees agreed upon between respective parties.

International Duties & Taxes
Non-U.S. residents may be subject to import duties and taxes which are levied once a shipment reaches your country of residence. Additional charges for customs clearance must be borne by you. We have no control over these charges and we cannot predict what they may be. Customs policies vary and you should be aware of potential border fees upon receipt of shipment.

Unlawful Activity
IndiePix reserves the right to investigate complaints or reported violations of this agreement and to take any action we deem appropriate. This includes, but is not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Limitation of Liability & Indemnification
We and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable therefrom, (b) the unavailability or interruption of the site or any features thereof, (c) your use of the site, (d) the content contained on the site, or (e) any delay or failure in performance beyond the control of a covered party. You agree to indemnify, defend, and hold IndiePix and our directors, partners, employees, contractors, third party suppliers, attorneys, advertisers, sponsors, and affiliates harmless from any liability, loss, claim, and expense related to your violation of this agreement or use of the site.

Disclaimer of Warranties
Our IndiePix site is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind as to the operation of the site or the information, materials, or products therein. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or email sent from us are free of viruses or other potentially harmful components. We will not be liable for any damages of any kind arising from the use of this site including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Our Address
IndiePix/Independent Film Development Group, LLC
31 East 32nd Street
#1201
New York, NY 10016
United States
www.indiepix.net

Last updated April 20, 2005.