User Agreement
Date of Last Revision: August 15, 2009
By using the SimplieIndie.net social network service, you are agreeing to be bound by the following terms and conditions ("Terms of Use").
1. Purpose of Simplie Indie Social Network
The social network aspect of SimplieIndie.net was created to facilitate networking between independent authors, musicians, and related industry professionals. We encourage you to connect with others of like mind and to provide guidance and assistance to one another so that all may realize their goals and dreams.
2. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on SimplieIndie.net. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
3. Sharing Your Content and Information
We claim no intellectual property rights over the material you provide to SimplieIndie.net. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.
You verify you own all of the content and information you post on SimplieIndie.net. In order for us to use content you provide SimplieIndie.net, you agree to the following:
- For content that is covered by intellectual property rights, like photos, music and videos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you post on or in connection with SimplieIndie.net. This License ends when you delete your intellectual property content or your account.
- When you delete intellectual property content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about Simplie Indie and you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
4. Safety
We do our best to keep SimplieIndie.net safe, but we cannot guarantee it. We need your help keeping SimplieIndie.net safe, this includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users (such as spam).
- You will not collect users' information, or otherwise access SimplieIndie.net using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not use SimplieIndie.net to do anything unlawful, misleading, malicious, or discriminatory. You will not facilitate or encourage any violations of this Statement.
5. Registration and Account Security
SimplieIndie.net users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on SimplieIndie.net, or create an account for anyone other than yourself without permission.
- You must be 13 years or older to use this site.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other SimplieIndie.net users.
- You will keep your contact information accurate and up-to-date.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on SimplieIndie.net.
6. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on SimplieIndie.net that infringes someone else's rights or otherwise violates the law.
- We can remove any content you post on SimplieIndie.net if we believe that it violates this Statement.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- Violation of any of these agreements will result in the termination of your SimplieIndie.net account.
- While Simplie Indie prohibits such conduct and content on its site, you understand and agree that Simplie Indie cannot be responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use the SimplieIndie.net service at your own risk.
7. General Conditions
- We reserve the right to modify or terminate the SimplieIndie.net social network service for any reason, without notice at any time.
- We reserve the right to alter this User Agreement at any time. If the alterations constitute a material change to the User Agreement, we will notify you via email according to the email account you designated. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
- We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
8. Governing Law and Legal Disclaimer
Our agreement and this User Agreement shall be governed by and construed in accordance with the laws of the State of California without recourse to conflicts of law principles. Any dispute between the parties MUST be submitted to binding arbitration to take place in California. If anyone brings a claim against us related to your actions or your content on SimpliIndie.net, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Simplie Indie is liable only for damages resulting from the intentional misconduct or gross negligence of Simplie Indie, its legal representatives, employees or authorized agents (“Agents”). The arbitrator will be obligated to award the prevailing party of any such proceedings all costs, attorneys’ fees and other expenses incurred by such prevailing party in the arbitration proceedings. Any award entered by the arbitrator may be enforced in any court of competent jurisdiction.
WE TRY TO KEEP SIMPLIEINDIE.NET UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SIMPLIEINDIE.NET "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SIMPLIEINDIE.NET WILL BE SAFE OR SECURE. SIMPLIE INDIE IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.